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Pennsylvania

Do your policies violate the NLRA? You might be surprised

10/01/2007

Employers beware! Do your personnel policies—or how you enforce them—violate the National Labor Relations Act? The answer may surprise you, especially if you operate in a union-free environment. Earlier this year, the National Labor Relations Board heard oral arguments in a case that will determine whether employees have the right to use their company’s e-mail system, or other communications-based systems, to communicate with each other regarding union matters and terms and conditions of employment …

Workplace violence: Keep staff safe the legally smart way

10/01/2007

Employers are legally obligated to maintain a safe work environment. When employees commit violent acts against co-workers or customers, employers can be held responsible through negligent-hiring and supervision lawsuits. Each year, roughly 1,000 people are workplace homicide victims. And research shows that killings are five to seven times more likely to occur at workplaces where guns are allowed …

How can employers get waivers of claims from terminated employees?

10/01/2007

Q. May an employer fire an employee and then ask the employee to sign a waiver of claims or severance agreement? …

The dreaded reference check: What to say about former employees?

10/01/2007

Q. What may an employer say about why an employee left or was fired? …

Attendance discipline needs care if employee qualifies for FMLA leave

10/01/2007

Q. An employee of ours has attendance problems. Before we could counsel her on the attendance problems, she was approved for intermittent FMLA to care for her elderly mother. While she has taken FMLA days for her mother, she also continues to have attendance problems unrelated to her FMLA leave. Can we proceed with counseling and possible disciplinary actions while she is under FMLA? …

Investigating suspected employee theft

10/01/2007

Q. I think one of our employees is stealing. What are the proper steps to take to handle this situation? …

Saying ‘No’ to the office beggar

10/01/2007

Q. An employee in our office regularly asks co-workers for small amounts of money and then never pays them back. We’ve all stopped giving him money, but he continues to ask, which makes many people feel uncomfortable. How do we get him to stop? …

Under what circumstances can an employee challenge a termination?

10/01/2007

Q. If an employee believes he has been terminated unfairly, does he have a legal right to challenge the termination? …

Can you prove that you posted FMLA notice ‘Conspicuously’?

09/01/2007

Employers must post a copy of the approved federal FMLA poster “conspicuously” in the workplace. Neglecting to do so opens the door for lawsuits if you discipline employees for absences that would have been covered by FMLA. Those employees may claim they didn’t ask for FMLA leave because they weren’t familiar with the law …

Customer complaint can be basis for discipline

09/01/2007

Employers can’t cater to every customer’s whim, but they can respond to complaints about employee behavior without worrying that a judge will second-guess their decision …