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Pennsylvania

Beware discipline if outburst reveals disability

03/06/2018

Some disabilities cause behavioral problems at work. A corollary is that some employees may try to excuse rule-breaking as a side effect of their medical conditions. Even if you suspect that’s what is going on, proceed with extreme care.

Amish builder nailed for OT and child labor violations

01/26/2018

Stoltzfus Structures—an Amish-owned light construction company in Chester County—will pay $188,572 in back wages and an equal amount in liquidated damages to 47 employees.

Pennsylvania bill would restrict noncompetes

01/26/2018

A bill before the Pennsylvania General Assembly would make Pennsylvania one of the states most hostile to noncompete agreements. Pennsylvania House Bill 1938 would prohibit all “covenant[s] not to compete,” other than those resulting from the sale of a business or the dissolution of or dissociation from a partnership or limited liability company.

Allegation of ‘lesbianism’ too vague to persuade court

01/26/2018

Vague sexual harassment allegations aren’t enough for lawsuits.

Accommodation requests can affect unemployment benefits

01/26/2018

How you handle disability accommodation requests may determine whether a worker receives unemployment compensation if you terminate her after she’s used up all her leave.

Watch out for the hidden peril of constantly seeking new applicants

01/26/2018

Some employers like to keep résumés and applications on hand just in case they need to fill a position on short notice. But running frequent ads to generate up-to-date résumés can backfire if you end up terminating someone, even for good cause. He might try to argue that your ad proves you were planning to fire him even before the supposed triggering event occurred.

Firing for absences under no-fault policy? Check for FMLA, accommodation requests

01/26/2018

Employees with disabilities who are also eligible for FMLA leave have limited protection from discharge if they miss work because of complications related to their disabilities. However, employers also have a legitimate right to expect workers to show up for work most of the time.

When stress warrants workers’ comp

01/26/2018

An employee may claim her job is so stressful that she can no longer work and should receive workers’ comp benefits. That claim can succeed—if a court concludes that “abnormal” working conditions caused the stress, anxiety or depression that made it impossible for her to work. But whether work is really abnormally stressful is a fact-specific question.

Beware retaliation following bias complaint

01/26/2018

When a worker claims she experienced sexual harassment and sex discrimination, how you handle it may determine if you will eventually face a lawsuit. Any hint that the employee was punished for coming forward will probably result in litigation.

Probation office head could face jail time for theft

01/05/2018

The former head of the Perry County, Pennsylvania Probation Office faces two third-degree felony theft charges after he gave himself an advance for work to be performed.