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Pennsylvania

Is a doctor’s note enough to prevent us from firing employee who broke call-in rule?

02/24/2009

Q. An employee left work on a Monday due to an illness. She called in sick Tuesday and Wednesday, but we heard nothing on Thursday or Friday. Our policy calls for termination if the employee doesn’t contact us within three days. We posted her job on Friday and decided to terminate her. On Monday, her fiancé called to tell us she was pregnant and had complications that led to a hospital visit. We got a note from her obstetrician saying she’d been examined, but not indicating when she could return. What should we do to avoid any legal fallout?

Are there legal risks in capping salaries?

02/24/2009

Q. I have a question about capping employees’ salaries when they reach the top of the pay scale. I’m concerned because the only employees affected are those with many years of service and who happen to be over age 40. Have we made a legal error? Some of the affected employees are angry and have mentioned discrimination based on the residual effect of the cap?

Do gift cards count as taxable income?

02/24/2009

Q. We plan to give gasoline gift cards to employees as incentives for picking up additional shifts. Are these cards taxable? Can we, the employer, simply pay the employees’ portion of the taxes?

How should I deal with disrespectful employee?

02/24/2009

Q. One of our employees constantly twists around everything I say to make the situation seem worse than it is. For example, when I put her paycheck on the counter because she was busy, she told others that I threw it at her. She has lied about many incidents. I have spoken with her several times and indicated that her actions are unprofessional and disrespectful. This is not good for my reputation. I need a solution about how to deal with this employee.

It’s February, and love is in the air—or is it harassment?

02/10/2009

As Valentine’s Day draws near, it’s time to take a loving look at that everlasting HR worry … the office romance. Supervisor-subordinate relationships can spell real trouble, and it’s no solace if—at least for a while—the subordinate welcomed the boss’s advances. More cheerfully, there’s good news about where our priorities are these days.

Begin accommodations process after job offer

02/02/2009

Many disabled applicants choose not to reveal their disabilities during the selection process and don’t reveal the need for reasonable accommodations until after they have been offered a job. Don’t ignore that request, or you could wind up in court for violating the ADA.

New tax break encourages subsidized bicycle commuting

02/02/2009

Don’t be surprised if your employees who are bicycling enthusiasts approach HR about a bicycle commuting benefit recently passed into federal law. The Bicycle Commuter Act allows employers of every size to deduct the cost of subsidizing bicycle commuting from their federal taxes.

Tell managers to document hypersensitive worker’s behavior

02/02/2009

Some employees are more sensitive to criticism than others and may also be more likely to file hostile work environment lawsuits. Managers with difficult subordinates would do well to track the behavior. It can be used in court to show that those subordinates have a skewed perception of the workplace.

Religious accommodations hinge on worker’s sincerity

02/02/2009

When employees ask to be excused from working on the Sabbath, forget about questioning whether their religion actually requires the accommodation. What matters is that the employee sincerely holds the belief—not the source of the employee’s belief.

Rehabilitation Act applies to county court systems

02/02/2009

The 3rd Circuit has ruled that county court systems can be sued for disability discrimination under the federal Rehabilitation Act because the domestic relations divisions of the county court systems received federal funding.