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Pennsylvania

Make your arbitration agreements stick: Consult lawyer, communicate with employees

02/15/2011

If you’re considering so-called alternative dispute resolution, be sure to have an experienced attorney draw up the arbitration agreement. It should clearly state that all employment disputes will be handled by arbitration. Your role in HR is to take all necessary steps to ensure employees understand that agreeing to arbitration is a condition of employment.

Injured employee may have returned too soon: Can we require him to take more leave?

02/10/2011
Q. We’re afraid that a previously injured worker returned from medical leave too soon. Can we require him to take additional leave if it’s obvious that the injury is still hurting his job performance?

With harassment, punishment should fit crime

02/10/2011

Employers sometimes assume they have to harshly punish every incident that violates their sexual harassment policies—which often means termination. That isn’t necessarily so. You can differentiate between various kinds of conduct that fit your definition of harassment, but clearly aren’t equally severe.

New hire’s skills and pay top ex-employee’s? Justify based on business needs

01/28/2011

Judges see a lot. It’s usually pretty easy for them to figure out when an employer is trying to use “the lousy economy” as a pretext to discriminate against an employee. But judges are also good at recognizing when discrimination hasn’t been a factor in an employment decision.

If fear is a factor, fire threatening employee

01/28/2011

It’s a legitimate workplace fear: Someone with emotional or mental problems will act out against co-workers. Sometimes, the consequences are deadly. Most of the time, threats of violence are just words. But words are enough to justify firing an employee who expresses intent to do harm, because of the fear that it instills in others.

Do we owe STD benefits to employee who has been terminated after FMLA leave expires?

01/26/2011
Q. Our policy is to run FMLA leave and short-term disability (STD) concurrently. The FMLA is for 12 weeks of job-protected leave. STD is for 26 weeks, with proper medical documentation. Can we terminate an employee at the end of 12 weeks, when FMLA leave is exhausted? And, if so, do we end STD payments, since the employee has been terminated?

What are Pennsylvania’s breaks rules?

01/26/2011
Q. Is it mandatory for a nonexempt employee to take at least a 20-minute meal break after working a certain number of hours?

Is there a ‘cooling off’ period for layoffs?

01/26/2011
Q. Is there a law that says we must abide by a 45-day waiting period between the time employees are told they’ll be laid off until they receive the severance payment? My supervisor said it’s called a cooling-off period. Is this a federal law?

Can we prohibit employee from using accrued leave to care for her husband?

01/26/2011
Q. An employee took time off to be with her husband who had a heart attack. We only have 30 employees. Management was very upset and wouldn’t let her take any paid time off and wouldn’t guarantee her position. She had accumulated several weeks of sick and vacation time. Can the company keep her from taking paid time off to care for her husband?

NLRB to decide: Are Facebook posts protected discussions?

01/26/2011
Let’s say one of your union employees has used her own computer to make negative comments about her supervisor on her personal Facebook page. Co-workers—Facebook friends of the employee—see the posts and start chiming in with further smears. Can you lawfully terminate these employees for violating your social media policy? Probably not.