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Pennsylvania

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.

Crothall Healthcare settles pregnancy discrimination claim

01/26/2011
Wayne-based Crothall Healthcare will pay more than $88,000 to settle a pregnancy discrimination claim brought on behalf of an employee working in Arkansas.

PHA head is gone, but trail of lawsuits lingers on

01/26/2011
When the Philadelphia Housing Authority’s board of directors fired Executive Director Carl Greene, board members probably thought the move would end the serial litigation that marked his tenure. Wrong. Press reports last year linked Greene to a series of sexual harassment cases that—along with allegations of mismanagement—led to his firing last year …

Sick employee riffed? Beware ERISA lawsuit

01/26/2011
Employees fired because they might drive up health care costs can probably sue under the Employee Retirement Income Security Act (ERISA), which governs many employee benefits.

Threat of suicide justifies medical exam

01/26/2011

Employers are sometimes nervous about demanding that an employee undergo a medical exam. They fear doing so somehow violates the ADA. If an employee threatens suicide or some other violent act, it’s legal for an employer to order a fitness-for-duty exam.

Stop lawsuits cold: Launch immediate investigation when bias accusations fly

01/07/2011

Some managers worry needlessly that they will be sued for discrimination if they fire an employee—especially one who acts as though she has a chip on her shoulder. But as long as an internal investigation finds that the employee hasn’t been discriminated against because of a protected characteristic, you likely have little to worry about.

When harassment case is on the line, be ready to prove you did everything you could to stop it

01/07/2011
Employers have an obligation to try to prevent harassment when it erupts. But courts often give an “A” for effort. They won’t measure your efforts solely by whether your prevention strategy worked.

Worker always complaining? Investigate anyway

01/07/2011

Some employees gripe all the time. You know them: They’re the ones who regularly appear in your doorway, ready to file yet another complaint with HR about supposed unfair treatment and discrimination. No matter how groundless, look into their claims.