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Pennsylvania

Do we have to pay bonuses to employees who quit before the normal payout date?

01/27/2010

Q. Our company pays out bonuses in the year after the work is completed, sometimes late into the first quarter. If an employee resigns before the bonus payout date (say, in February), do we have to pay a bonus to that employee?

What are the notice requirements when moving someone from exempt to nonexempt?

01/27/2010

Q. We’re planning to demote an employee for performance reasons. He’d move from a supervisory job (salaried/exempt) to an hourly job, so we would cut his pay by about $10,000 a year. What kind of notice must we give him regarding the pay cut and exemption status?

Fair treatment wins when whistle-blower sues

01/25/2010

Sometimes employees believe that reporting potential wrongdoing by their employers or fellow employees means they can’t be punished. In effect, the assumption is that being a whistle-blower gives them a pass and protects them from adverse employment actions, such as termination. That’s simply not true.

Employee passed fitness exam? Put him to work

01/25/2010

Requiring an employee to undergo a fitness-for-duty examination to show he can perform his job doesn’t mean you’re regarding him as disabled or essentially conceding he is disabled. How you handle the exam results is what matters—not that you ordered an exam in the first place. If the exam shows the employee can perform the job, make sure you immediately reinstate him.

OK to suggest retiring in lieu of getting fired: It’s not age discrimination

01/25/2010

Employees who claim they have experienced age discrimination must prove that age was the reason for an adverse employment action, such as termination or demotion. It’s not enough to show that a supervisor merely referred to the employee’s age. As the following case shows, merely suggesting retirement in lieu of discharge isn’t enough.

Court must weigh potential conflict of interest when employer decides not to pay benefits

01/25/2010

If an employer decides to deny a fringe benefit to an employee, and the employee challenges the decision, courts must at least consider the possibility that a conflict of interest exists. That’s because anytime an employer decides to provide a benefit, that benefit comes at a cost.

Race bias costs $300,000 for Malvern’s Vanguard Group

01/21/2010

The financial services firm Vanguard Group has settled a racial discrimination complaint with the EEOC for $300,000. The case involved Barbara Alexander, a black applicant for a financial planning manager position at a Vanguard office in North Carolina. The company is headquartered in Malvern.

Reprimand, mandate training to cut bias liability

01/19/2010

All employees, regardless of which protected class they belong to, have the right to work in an environment free from hostility. That doesn’t mean, however, that you have to fire every co-worker who does something that might be interpreted as hostile. Sometimes the appropriate response is to reprimand the co-worker and educate her so she’ll change her ways.

Not sure it’s sexual harassment? Take steps to end it anyway

01/15/2010

Not every complaint about alleged sexual harassment turns out to be true. Sometimes, the harasser may simply be a difficult personality. He or she may have it in for all co-workers, and the harassment that someone complains about may be completely unrelated to sex. That doesn’t mean, however, that you should ignore the behavior. Your best bet is to discipline the employee.

When discipline differs, be ready to explain why

01/08/2010

Employees often sue for discrimination when they suffer harsher discipline than co-workers did. You can counter those bias claims by having clear records that show how you decided on the specific discipline each employee received. Explain why the punishments were different.