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Pennsylvania

Employment Lawyer Network:
Pennsylvania

Susan K. Lessack (Editor)

Pepper Hamilton LLP
Pennsylvania Employment Law

LessackS@PepperLaw.com
(610) 640-7806

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Susan K. Lessack is a partner in the Berwyn and Philadelphia offices of Pepper Hamilton LLP. She concentrates her practice in employment counseling and employment litigation. Ms. Lessack’s experience includes counseling employers on matters related to compliance with federal and state labor and employment laws, counseling regarding employee discipline and terminations, conducting investigations of employee conduct, including harassment, training employers on their obligations under employment laws and litigation avoidance, and developing employment policies. She defends employers in litigation of employment discrimination claims, wrongful discharge claims, and claims under federal and state employment-related statutes, such as the Family and Medical Leave Act and the Pennsylvania Wage Payment and Collection Law.

Worker taking high road can still quit & sue

04/26/2018
Typically, workers sue after being fired or otherwise subjected to an adverse employment action such as a demotion. But sometimes, aggrieved employees can quit and still sue, alleging that their working conditions were so severe that they had no choice but to leave.

Jail for law firm embezzler who couldn’t ‘Let It Go’

04/09/2018
An accountant for the Valley Forge office of the Chartwell Law Firm saw an opportunity to take money and just couldn’t hold back anymore.

2nd Circuit rules: Anti-gay bias is sex discrimination

04/03/2018
The 2nd Circuit joins the 7th Circuit in ruling that sexual orientation is protected from discrimination, a position contrary to that taken recently by the 11th Circuit.

Jenkintown, Pa. pub cooked books in addition to meals

04/03/2018
The owner of Drake Tavern in Jenkintown, Pa. will serve up $25,902 in back wages and an equal amount in liquidated damages to 50 employees after investigators from the U.S. Department of Labor’s Wage and Hour Division discovered that managers consistently altered employee time card.

Document details to show why discipline differed

04/03/2018
If you hand out different discipline for two employees who commit similar violations, make sure you document exactly why. That way, if you are later sued, you can explain the difference.

Court punts on blaming employer for subordinate’s bias

04/03/2018
The 3rd Circuit Court of Appeals, which covers Pennsylvania employers, has dodged deciding whether a subordinate’s bias can be imputed to the employer.

Documented facts, not mere allegations, are what it takes to win cases

04/03/2018
Employers that take the time to document poor performance with solid, objective facts rarely lose discrimination cases. That’s because being able to explain exactly why you had to terminate a worker for poor performance tends to show that discrimination probably wasn’t a factor.

Courts have little patience for inflexible “a rule is a rule” policies

04/03/2018
Sometimes, you have to take a step back and consider the consequences before enforcing a rule against an employee. Take, for example, a strict call-off rule that allows for no deviation.

Understaffed HR department is no excuse for flubbing FMLA compliance

04/03/2018
Is your HR office short-handed? That could spell big trouble, especially if supervisors have to handle personnel matters without HR’s help. Short-staffed or not, make sure bosses know they must consult HR on key employment law issues.

Beware backlash when blaming the victim

04/03/2018
Employee assistance programs can be useful for workers facing stress or other challenges. EAP counseling is supposed to be confidential, which means that, except under very rare and unusual safety-related circumstances, information uncovered by the EAP should never be used against the worker.