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Pennsylvania

When can we fire for offensive body odor?

08/01/2011
Q. We have a staff member with body odor so bad that other staff members have complained and even threatened to leave the company. The employee has been disciplined several times and required to go home without pay until she agrees to comply with our grooming code. At what point can we legally terminate her?

What should we do? We suspect string of workplace injuries might be workers’ comp fraud

08/01/2011
Q. We’ve had an exceptional number of suspicious injuries at work so far this year. We don’t want to jump to conclusions, but how can we determine if these injuries are part of a workers’ comp insurance fraud scheme?

Must we make employees available to EEOC investigators?

08/01/2011
Q. A former employee recently filed an EEOC complaint against our company alleging race discrimination. As part of its investigation, the agency will be coming to our offices to interview employees. Do I have to make the employees available? As the HR director, should I sit in on the employee interviews?

White teachers file bias suit against Philly schools

07/27/2011
Thomas Mifflin Elementary School in Philadelphia has been roiled by news of a lawsuit filed by four white teachers who claim they are victims of race discrimination.

Should we log independent contractors’ hours?

07/26/2011
Q. Does asking independent contractors to complete a time sheet jeopardize their contractor status?

Do we have to tolerate moonlighting by employee who is out on FMLA leave?

07/26/2011
Q. We recently learned that an employee on FMLA leave is working for another company. Can we fire him?

What should we do? Employee almost divulged insider-trading information on Facebook

07/26/2011
Q. We recently learned that one of our employees posted comments on a friend’s Facebook page, coming to our company’s defense over a recent drop in stock price. The employee came dangerously close to disclosing information about earnings that were not yet public. What can and should we do?

Must we pay for pre-shift talk?

07/26/2011
Q. Last week, we asked a nonexempt employee to come in 30 minutes before her regular start time to talk to her about a complaint that had come to our attention. Do we have to pay her for the time spent in discussions with management?

How should we pay if our time clock breaks?

07/26/2011
Q. Because of a time-clock malfunction, we couldn’t determine how much pay we owed some employees. What is our obligation to pay employees if we can’t calculate the exact number of hours worked? Is there any penalty for the delayed payment?

How to prevent workplace violence–and manage legal liability

07/26/2011
According to the latest numbers from the U.S. Bureau of Labor Statistics, 12% of assailants in fatal workplace shootings are co-workers or former co-workers. Sadly, violence can strike any workplace. That’s why it’s so important to be able to recognize the signs of potential trouble and have protocols in place to prevent a poten­tially tragic situation. That’s often easier said than done.