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Pennsylvania

Employee can’t work well with others? Document that claim!

08/07/2007

Do you have an employee who doesn’t seem to be getting along with anyone? Has he complained about discrimination or some other supposed wrongdoing? If so, document the problems. If you don’t, you create legal risks …

Want the job? Giving your Social Security number is mandatory

08/01/2007

No doubt you’ve read recent accounts about the prevalence of identity theft and the use of Social Security numbers to obtain fraudulent credit cards and other documents. But the rise in such crimes does not excuse employees from giving their Social Security numbers to employers …

Investigation should consider all sides of the story

08/01/2007

Not every allegation of sexual harassment is well-founded, and some employees may be overly sensitive. That’s why your investigation should consider all sides, including the alleged victim’s reaction and treatment of the alleged harasser. As the following case shows, a thorough investigation may reveal that the problem is with the alleged victim’s perception and his or her response to the alleged harassment …

No employer duty to provide ‘Perfect’ accommodation

08/01/2007

Do you have a difficult disabled employee who seems to need constant care and attention and whose accommodations requests border on the ridiculous? Maybe it’s time to decide those requests are unreasonable. Here’s how to handle the situation …

Discipline for absences even if employee has disability

08/01/2007

Employees who take intermittent leave cause the greatest disruption in the workplace, according to comments received by the U.S. Labor Department on proposed revisions to the FMLA. That includes employees with disabilities who seem to need an inordinate—and unpredictable—number of absences. If you suspect abuse, don’t jump the gun …

Even after election, you still need solid reason to discharge nonsupporters

08/01/2007

It’s a practice as old as politics: When there’s a newly elected sheriff in town, deputies left over from the old administration may lose their jobs. But if you’re the HR professional handling the changes, make sure you know which employees can be dismissed and which cannot be merely because of their political affiliation. As the following case shows, public employees in nonpolicy positions are protected from post-election bloodbaths …

Relocating the office? Employees can sometimes quit and get unemployment

08/01/2007

Pennsylvania employees who quit their jobs when their employers move can sometimes collect unemployment compensation. The Unemployment Compensation Board of Review looks at individual situations and determines whether the move forced the employees to quit for “necessitous and compelling” reasons. Examples include a longer, more expensive commute or disruption of child care routines …

Accepting early retirement doesn’t mean automatic unemployment

08/01/2007

To streamline the work force, some employers encourage early retirement and may even include an inducement in the form of enhanced benefits. But unless the employer informs the employee her job is endangered unless she signs up, the employee is probably not eligible for unemployment compensation …

Document elements of exempt position to knock down FLSA claims

08/01/2007

Winning Fair Labor Standards Act cases involving employees who claim they shouldn’t have been classified as exempt usually means being able to document exactly what employees do on the job and the conditions under which they work …

Philly police officer may not wear Muslim head scarf

08/01/2007

A federal judge has ruled that a Philadelphia police officer does not have the right to wear a hijab, or head scarf, when she is in uniform. Kimberlie Webb, an officer since 1995, was suspended after showing up three times at roll call wearing her hijab, despite being told not to. The EEOC filed suit against the Philadelphia police department …