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Pennsylvania

Protecting against negligent hiring

02/01/2008

Q. I recently read an article about employees who were attacked at work by other employees who never should have been hired in the first place. How can an employer reduce its risk of liability for negligent hiring? …

Family responsibilities discrimination poses complex quandary

02/01/2008

When employers make employment decisions based on sex stereotypes about caregivers or favor employees who don’t have family responsibilities, affected employees can successfully sue for family responsibilities discrimination (FRD) …

What to do when you suspect an employee is stealing from the company

01/08/2008

Few HR dilemmas are as sticky as dealing with an employee accused of stealing from the company. Here’s how to handle the situation with care, making sure your organization doesn’t overstep its bounds and expose itself to liability.

Employee saying he ‘May’ have medical problem triggers FMLA

01/01/2008

Once an employer knows an employee will need FMLA leave, it cannot use that knowledge to the employee’s disadvantage. That’s true even if it’s only possible that the employee may need leave. It raises serious suspicions about your motives if you fire an employee shortly after he delivers notice he may need FMLA leave—and practically guarantees a lawsuit …

Show fairness by documenting all rule violations, discipline

01/01/2008

You must be prepared to show that you treated each and every employee equally when it comes to discipline. Otherwise, you may find yourself in the same situation as, in the following case, an employer that couldn’t recall how it had disciplined a white employee for violating an attendance rule, but fired a black employee for the same infraction …

When’s a handbook not a handbook? When everyone ignores it

01/01/2008

No doubt, your organization has an employee handbook. You may even have helped draft it or agonized over the amount of money you paid a law firm to create or review it. But one thing is certain—having a handbook won’t do you any good if no one in the company uses it …

Require an applicant medical exam? Job offer must come first

01/01/2008

The ADA protects job applicants from discrimination based on disability, and one of these protections is the right to be free from medical tests or examinations as part of the initial selection process. An employer can ask an applicant to undergo a job-related medical examination only after it has made a job offer …

Interviewers must ask consistent questions, take good notes

01/01/2008

When it comes to promotions, be sure that management team members in charge of interviews are all on the same page. That means ensuring they ask all candidates exactly the same questions and make thorough notes about each applicant …

Exempt/Nonexempt call: Don’t rely entirely on Labor Department opinion letters

01/01/2008

Over the past two years, the U.S. Labor Department has been issuing “opinion letters” fairly frequently, interpreting its own new overtime regulations and addressing specific questions posed by employers. But not every court will agree with the Labor Department’s opinion …

Suspect employee plays fast and loose with FMLA leave? Check medical certification

01/01/2008

Employers are entitled to information about the FMLA intermittent leave employees take and can request certification from the employee’s health care providers. Employers then have to abide by the certification—unless the employer receives information that casts doubt on the certification …