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Pennsylvania

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?

What should we do? It looks like employee used FMLA leave for elective surgery

09/28/2011
Q. An employee told her supervisor that she needed surgery. We approved time off under the FMLA with the understanding that she would provide certification after the leave began. We later discovered that this “necessary” procedure was liposuction. Can we revoke approval of medical leave under the FMLA and convert sick hours she used to vacation hours instead? Can we fire her based on inappropriate use of the FMLA?

What can we do about an employee who racked up hours of unauthorized overtime?

09/28/2011
Q. We orally warned an employee not to work overtime. Recently, he claimed to have worked 56 hours straight, eating and sleeping only on regular break times. The timecards say he was here, but we don’t have any night staff, so we can’t verify if he was actually at work. Is there anything we can do?

A good smartphone policy covers ‘textual harassment’ and more

09/28/2011
If you have a policy prohibiting employees from using cell phones while driving on company business, it may no longer be sufficient. Blame the rise of smartphones, which make it more important than ever to have a mobile phone policy.

No miner tracking, no mining

09/28/2011
The federal Mine Safety and Health Administration has been granted an injunction preventing the Buck Mountain Slope Mine in Lykens from operating until it installs a wireless tracking and communications system in the mine.

Tremont mine achieves dubious first, will pay $900k

09/28/2011
The R&D Coal Co. has become the first company to be cited for a flagrant safety violation under the Mine Improvement and New Emergency Response (MINER) Act of 2006. On Oct. 23, 2006, methane detonated in a tunnel at the Tremont Township mine, killing Dale Reightler.

Lancaster plant finds itself on losing end of federal case

09/28/2011

ALCOA Mill Products will pay more than half a million dollars to resolve accusations it discriminated against black, Hispanic and female applicants for material handler positions at its Lancaster plant. The plant fulfills orders under a contract with the U.S. Army.

Challenge it! ADA suit, disability claim don’t mix

09/28/2011

Employees who file for Social Security disability benefits, alleging they are totally disabled, sometimes have ADA cases pending. If you discover that’s the case, scour your files for evidence of contradictory claims. You may be able to get the ADA lawsuit dismissed.