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Pennsylvania

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 …

‘Blind’ applications help defend against frivolous lawsuits

09/01/2007

If the people reviewing employment applications don’t know the race of the candidates, they can’t discriminate for or against any particular applicant. That’s why you should consider using a “blind” application process …

You can discuss absenteeism without violating disability law

09/01/2007

Employees with disabilities may be absent more than other employees. That doesn’t mean you can’t reasonably ask about those absences. In fact, courts have ruled that it’s not necessarily harassment even when supervisors land hard on disabled employees who are frequently no-shows …

Do you know whom you’re disciplining?

09/01/2007

When it comes to discrimination, your best defense is treating everyone absolutely equally. That’s tough to do without a central HR tracking system. It doesn’t have to be complicated. Make sure you note any problems (and praise) in each employee’s official file. Then, do regular audits—pulling out data on age, sex, national origin and race—to tabulate types of problems and any discipline levied …

E-mail is forever—So be careful what you say

09/01/2007

An ill-worded e-mail, unlike a phone conversation, can come back to haunt you. Deleting e-mail doesn’t mean it’s gone forever, or that a recipient hasn’t saved, printed or forwarded it. Plus, there are plenty of computer experts out there who can recreate or retrieve deleted e-mail messages. The best policy is to assume that whatever is in an e-mail can be used against you in a court of law …

Clear Work Rules—Like a No-Lying Policy—Help Employers Beat Unemployment Comp Claims

09/01/2007

One of the most important moves Pennsylvania employers can make to cut unwarranted unemployment compensation liability is to establish clear work rules. Those rules should include a requirement that all employees act honestly. Explain to all employees that violating the honesty rule is grounds for termination …

No unemployment for substitute teachers who turn down equivalent positions

09/01/2007

Employees who work for educational institutions on a temporary basis from semester to semester—substitute teachers, for example—may be eligible for unemployment compensation if they are offered a substantially different position (with lower pay) the next term. But if the new assignment is essentially the same as the previous assignment, they can’t refuse the offer and receive unemployment compensation …

Mercer County caseworker loses discrimination suit

09/01/2007

Jeffrey Hawthorne, a Mercer County Children and Youth Services (CYS) caseworker, sued the agency for gender discrimination, alleging his supervisors wanted to create an “all-female work force,” and “treated men differently from women” …

The hitchhiker’s guide to hiring, harassment and firing

09/01/2007

Tameisha Wilson, of Penn Hills, has filed an EEOC lawsuit against Grand Rapids, MI-based Gainey Transportation, claiming she was subjected to sexual comments, threatening language and unwanted touching after she joined the company as a trainee in October 2006 …