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Pennsylvania

Too small for FMLA to apply? Don’t count on it

06/07/2018
Employers don’t have to comply with the FMLA unless they employ 50 or more employees. However, they can’t escape being covered by creating smaller, wholly owned enterprises.

Stress doesn’t invalidate employee signature on waiver

06/07/2018
Terminated employees often receive a severance payment in exchange for waiving the right to sue. Employees considering such an offer may feel stressed out, considering they are about to be fired. Their stress won’t invalidate an otherwise fair waiver.

Animosity isn’t always evidence of bias

06/07/2018
Supervisors may harbor deep animosity towards a particular worker. But unless that animosity is based on a protected characteristic such as race, sex or age, it remains merely unfair, not a case of discrimination.

Petty incidents don’t add up to a hostile environment

05/31/2018
The 3rd Circuit Court of Appeals has made it official: Sometimes an employee just needs to grow a thicker skin to deal with the petty annoyances that vex many workplaces.

Don’t let dumb comments derail discipline

05/31/2018
Supervisors sometimes say things they shouldn’t. Don’t let those minor screw-ups derail discipline that’s clearly deserved.

6-year sentence for woman who embezzled $4.3 million

05/17/2018
A New Freedom, Pa. woman says gambling addiction is why she embezzled $4.3 million while working at the Susquehanna Valley Surgical Center in Harrisburg.

If discipline must differ, be sure to note extenuating circumstances that required it

05/17/2018
Generally, employers should be careful to discipline workers in a consistent manner. Employees who break the same rule should earn the same punishment. However, employers can sometimes justify differences in discipline if they can offer detailed explanations why.

Disciplining disabled worker for absenteeism? Make sure she knows your rules

05/17/2018
It is essential to grant FMLA leave when eligible employees need it. At the same time, it is perfectly legal to require employees to follow specific procedures for using leave. Just make sure employees understand those rules.

Philly’s Dechert law firm settles discrimination claims

04/30/2018
The giant Dechert law firm, founded in Philadelphia in 1875, has agreed to settle charges it fired two workers from its payroll department because of their age and gender.

Genuine fear for safety may justify quitting

04/30/2018
If an employer reassures an applicant that she’s going to be working in a safe environment and that turns out to be incorrect, that worker may be justified in quitting.