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Pennsylvania

Use deliberate process to make termination decisions–and demonstrate your good faith

12/01/2010

When you must terminate an employee, resist the temptation to “throw the book” at him by dredging up every possible mistake. That can backfire. Instead, make sure your termination process is respectful, careful and deliberate. An employer that seems reasonable almost always fares better in court.

Same offense, different discipline? Back it up

12/01/2010

Your progressive discipline probably gives you some flexibility to hand out different punishment, depending on the seriousness of the employee misconduct. As a practical matter, that means you must decide whether what one employee does is more serious than another’s similar transgression. Make sure you’re able to explain why one offense was worse than another and deserved harsher punishment.

Can we deduct wages to cover unpaid-for employee purchases following termination?

11/24/2010
Q. Our company allows employees to purchase products on an installment basis. When employees leave and haven’t repaid the full amount, can we deduct the remainder due from their last paycheck?

Are meal breaks mandatory?

11/24/2010
Q. Is it mandatory for a nonexempt employee to take at least a 20-minute meal break?

How should we handle a termination when both the FMLA and short-term disability are in play?

11/24/2010
Q. We run FMLA and short-term disability (STD) concurrently. FMLA is for 12 weeks of job-protected leave. STD is for 26 weeks, with proper medical documentation. At what point can we terminate an employee?

What’s this I hear about a ‘cooling-off’ period in layoffs involving severance pay?

11/24/2010
Q. Is there a law that requires a 45-day waiting period from 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.

Can a small employer deny leave to an employee whose spouse is seriously ill?

11/24/2010
Q. One of our full-time employees took time off when her husband had a heart attack. We’re a small company with 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 paid leave. Is it legal to keep her from taking paid time off to care for her husband?

After 40 years, OSHA enforcement about to get much tougher

11/24/2010

Get ready for much tougher enforcement under OSHA’s new Severe Violator Enforcement Program. The SVEP will concentrate OSHA’s resources on inspecting employers that have demonstrated indifference to their safety and health obligations by committing willful, repeated or failure-to-abate violations. Here’s what you need to know to prepare for this new workplace safety regime.

Philly nonprofit wins grant to fight immigration bias

11/24/2010
The Lutheran Children and Family Service of Eastern Pennsylvania is one of 13 recipients of U.S. Department of Justice (DOJ) grant funds meant to aid victims of immigration discrimination. The grant was issued by the DOJ Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices.

Don’t be so quick to say ‘no’–seriously consider every ADA accommodation request

11/24/2010

Managers must resist the temptation to reject out of hand any employee request for reasonable accommodations. To do so would be a big mistake. The ADA requires employers to engage in an interactive process to determine if an employee is entitled to an accommodation and what that accommodation should look like.