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Pennsylvania

Will hiring aliens cost PA businesses their licenses?

10/27/2011
Pennsylvanians who knowingly hire illegal immigrants would lose their professional licenses under a bill being considered by the Pennsylvania Legislature. The “one-strike-and-you’re-out” law would yank licenses for first-offense violations.

Accommodations offer cuts unemployment claim

10/27/2011
Employees who quit for medically related reasons can sometimes collect unemployment compensation if they are still ready and able to work elsewhere. However, to claim that medical reasons required resigning, employees have to prove the employer knew about but didn’t accommodate their medical problems.

Loose lips lead to liability when word of alleged employee wrongdoing leaks out

10/27/2011

Pennsylvania allows lawsuits for portraying someone in a false light. For employers, that means you can be sued for publicizing information relating to discipline that turns out to be inaccurate. Thus, it makes sense to discuss discipline only with those who have a need to know.

Grocer, baker, Sabbath-taker embroiled

10/27/2011
A Dauphin County man who delivered Tastykakes to Giant Food stores is suing both the Tasty Baking Co. and the grocery store chain for religious discrimination after his contract was terminated. But Giant says it had no relationship with the deliveryman and wants to be removed from the suit.

Can FMLA leave be involuntary? Court punts

10/27/2011
A federal court hearing an FMLA interference case has sidestepped deciding whether it is legal for an employer to place an employee on involuntary FMLA leave.

3rd Circuit takes dim view when employees appeal decisions in frivolous lawsuits

10/26/2011
Good news for employers vexed by employees’ repetitious and frivolous lawsuits: If a trial court does a good job explaining why a case should be dismissed, the 3rd Circuit Court of Appeals probably won’t grant an appeal.

Be prepared to show business necessity if ­hiring rule excludes members of protected class

10/26/2011

Hiring rules that end up excluding many applicants who belong to a protected class can spell big trou­ble. That’s because if the rule has a disparate impact on any particular protected class, it may be invalid and could become the basis for a lawsuit. At a minimum, be prepared to show that the rule is based on business necessity.

Can fired poor performer receive unemployment benefits?

10/03/2011
Q. One of our employee’s job performance no longer meets our standards. While she used to be a good worker, she’s now making a lot of errors, coming in late from time to time and not getting along with her co-workers … If we fire her for poor performance—which we would consider termination for cause—will she be eligible to collect unemployment compensation?

Know union rules on probationary employees

10/03/2011
You won’t find many employers extolling the upsides of having a unionized workforce, but there is one advantage. If your union contract provides for a probationary period before an employee becomes a permanent part of your workforce, you may have more discretion in how you discipline the new em­­ployee.

Can we really not fire an employee who has been called to jury duty?

09/28/2011
Q. We are a very small company and can’t afford to have an employee on extended leave. Can we legally terminate an employee who is called to jury duty and assigned to a lengthy trial?