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Pennsylvania

What’s up, doc? How to collect medical info under FMLA rules

12/10/2009
To determine whether an employee or family member has a condition that meets the FMLA’s definition of “serious health condition,” employers should review the medical certification they receive from the employee’s health care provider. One key section of the updated FMLA regulations clarifies who may request additional information about an employee’s FMLA certification—and how it should be sought.

Make sure your e-communication policy covers social networks

12/08/2009

The widespread use of blogs and social networking web sites such as Facebook, MySpace, LinkedIn and Twitter has employers worried about what their employees are keyboarding and texting. Employers must develop electronic communications policies to cope with the new technology.

Fire at will: The last straw doesn’t have to be the same for all employees

12/04/2009

Some employees who break rules believe they’re immune from firing if someone else committed the same infraction and didn’t get fired. That’s simply not true. What may be a firing offense for one employee doesn’t have to be the last straw for every other employee. The key is to document—at the time—why you made the decision so you can later explain the difference between the two situations.

OK to terminate employee who is psychologically unfit to perform stressful job

12/02/2009

When stress is a built-in part of the job, it stands to reason that sound mental health is a prerequisite. Someone whose psychological disorder interferes with the ability to perform such a job isn’t qualified and can be terminated.

The do’s and don’ts of giving and receiving holiday gifts

12/01/2009

Q. Are there any legal issues regarding employee gift-giving during the holidays? What about giving or getting gifts from vendors?

How to hand out holiday bonuses

12/01/2009

Q. I started a business a few years ago, but this is the first year that I actually have an office with employees. I would like to give them holiday bonuses this year. What are the legal guidelines I should follow?

When religious needs conflict with schedule, shift swaps may be reasonable accommodation

11/25/2009

Many employers make it easy for employees to swap shifts if they consider their hours undesirable or inconvenient. Employers may do this by preparing the schedule well ahead of time and posting it where employees can easily see it. That makes it easy for management to know who is swapping with whom and to approve swaps arranged between employees. A shift-swap policy may also be all you need to win a religious accommodation lawsuit.

Consult attorney to prep for unemployment comp hearing

11/25/2009

When challenging an unemployment compensation claim, talk to your attorney before the hearing. You don’t want anything you say at the hearing to be used later as evidence against you.

Frustration with accent doesn’t constitute bias

11/25/2009

Employees who sue their employers over alleged national-origin discrimination have to do more than show that their employer was frustrated with the employee’s inability to communicate.

Penn National pays out $75,000 for disability bias

11/25/2009

HWCC-Tunica Inc., a subsidiary of Penn National Gaming, is settling a lawsuit that alleged disability discrimination against a dealer at its Hollywood Casino Tunica in Mississippi.