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Pennsylvania

Punishing a worker for personal blog post

04/01/2007

Q. One of my staff showed me an Internet link to another employee’s personal blog, which included racial and offensive comments about our company and employees. Can we reprimand the employee for the racial slurs?

Termination for excessive absenteeism

04/01/2007

Q. Our handbook states that employees will be terminated if they are absent more than 10 days in 12 consecutive months. An employee has been absent for seven days so far this year, three of which were due to the flu. He called out sick four days ago. When he returns, he will have exceeded the 10-day limit. Can we terminate him?

You can suggest FMLA leave without triggering ADA liability

03/01/2007

What do you do if you think an employee, especially one whose performance is declining, could benefit from taking FMLA leave? Do you plant the suggestion or wait until the employee approaches you? The fact is, you can suggest FMLA leave for a serious health condition and not run afoul of the ADA …


Release EAP information on a ‘Need to know’ basis

03/01/2007

Employee assistance programs (EAPs) can help employees regain an edge lost to problems like alcohol abuse. But it’s a good idea to keep mum about an employee’s participation in the EAP …

Don’t single out disabled applicants for special treatment

03/01/2007

If you hire emotionally disabled employees, be sure to integrate them into your regular staff meetings and events. Avoid treating them as a separate (even if equal) component of your work force …

Cutting jobs? You may be able to consider FMLA leave

03/01/2007

You’ve heard it over and over again: Don’t take FMLA leave into consideration when making employment decisions. But you don’t have to take that caveat to extremes …

Seniority is a valid reason to retain one race over another

03/01/2007

When you need to downsize your organization, you may worry if a disproportionate number of the employees that are terminated are members of a protected class. But, as a new ruling shows, you can justify your decision by having clear documentation that shows you had a seniority rule in place and followed it …

Should you ask applicants about expunged criminal record?

03/01/2007

Pennsylvania employers can use information obtained as part of a criminal record check to deny a job if it shows that the applicant was convicted of a felony or a misdemeanor. But what if the applicant reveals that he or she has an expunged criminal record? …

Blocking employee’s exit could be false imprisonment

03/01/2007

Do the supervisors in your organization know how to handle potentially volatile employment discussions? If they don’t use kid gloves, they could be sued personally by employees for state torts such as false imprisonment and battery …


Employees’ ‘Injuries’ from Sexual Harassment May Make Them Eligible for Workers’ Comp Benefits

03/01/2007

Just when you thought you knew every reason to keep your workplace harassment-free, here’s yet another one: workers’ compensation …