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Pennsylvania

Foul play: Can employee sue over offensive odor comments?

11/01/2007

Q. An employee of ours has a very distinct, offensive odor. I received several complaints about the smell, so I confronted the employee, hoping to rectify the situation. Unfortunately, he did not respond well and threatened to sue. Does he have a case? …

Workers’ comp for injury at social event?

11/01/2007

Q. Is an employee who injures herself at a company-sponsored picnic eligible for workers’ compensation? …

How do oral promises affect an ‘Employment contract’?

11/01/2007

Q. Do oral promises my employer made during my job interview or during my employment constitute part of my contract of employment? …

Dock pay as part of discipline?

11/01/2007

Q. Under the Fair Labor Standards Act, may I dock an employee’s pay as a disciplinary penalty? …

Refusing to hire former criminals: Is it race discrimination?

10/01/2007

Does your organization have a blanket policy of refusing to hire any applicant with a criminal record? If so, make sure you can explain exactly why. A recent Pennsylvania court ruling shows that across-the-board “no ex-cons” policies can quickly run into legal trouble unless you can prove the restriction for a specific position was “job-related and consistent with business necessity” …

Preparing for work: Pay depends on rules, employer benefit

10/01/2007

Do your employees have to put on special uniforms or equipment before beginning work? If the law or your company policy requires it, chances are the time spent getting in and out of the clothing or equipment should be paid time …

‘Association’ with disabled no automatic assurance of leave

10/01/2007

The ADA makes it illegal to discriminate against employees because of their “association” with disabled people. But what about disciplining an employee for taking time off to care for the disabled person? According to a recent Pennsylvania case, that’s perfectly OK—as long as FMLA leave is not involved …

It’s OK to Force Admin Leave Pending Fact-Finding

10/01/2007

Sometimes, serious allegations—possible theft, sexual or racial harassment or violence—surface against employees. How you respond can be crucial to limiting your organization’s liability. The best response may be calling a timeout in the form of administrative leave pending an investigation. You can safely do so without fear that the move will generate even more litigation from a suspected wrongdoer …

Getting along without employee on FMLA leave? Go ahead and terminate

10/01/2007

When an employee goes on FMLA leave, someone has to do the work. What if that someone easily assumes the employee’s duties and does a great job? Can you use that fortuitous realization as the basis for firing the leave-taker when he returns? Perhaps, but there’s a risk. The employee may sue, alleging the real reason he was let go was retaliation for taking leave, and not that you figured out the company could get along just fine without him …

Isolated incident or slight doesn’t add up to retaliation

10/01/2007

No matter what you do, the workplace will never be free of tensions and annoyances. Although it’s a good idea to encourage courtesy and cordiality, you don’t have to worry that every little slight might come back in the form of a lawsuit …