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Pennsylvania

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.

Meet the new boss, who is entitled to set new expectations regardless of past measures

01/05/2018

Sometimes, a long-term and apparently successful employee may not adjust well to a new supervisor—especially if that supervisor brings new or different performance expectations about the employee’s job.

Talula’s Garden settles OT suit for nearly $400k

01/02/2018

Talula’s Garden, the renowned farm-to-table restaurant in Philadelphia’s Washington Square, will have to pay 63 workers $197,917 in back wages and an equal amount in liquidated damages.

Snyder-Lance pays $1.6 mil to settle misclassification suit

01/02/2018

A federal judge in the Middle District of Pennsylvania has signed off on a $1.6 million agreement between snack maker Snyder-Lance and its route drivers.

Document reasons for worker’s new, unusual assignment

01/02/2018

Some workers may feel that being given a difficult assignment is discriminatory, especially if others outside the worker’s protected class don’t have to do similar work. Having a business-related reason for the assignment will persuade a judge that discrimination wasn’t a factor.

Court: Drug testing is not an inherent invasion of employee privacy

01/02/2018

Employers can drug test employees as part of a safety program. The mere existence of a properly designed testing program does not invade a worker’s right to privacy.

It’s OK to fire in the middle of FMLA leave, but be prepared to show valid, unrelated reason

01/02/2018

Employees who are out on FMLA leave don’t enjoy any special protection against being fired for unrelated reasons. If you can show you would have terminated the worker even if she had not taken FMLA leave, chances are the termination won’t be seen as FMLA interference or retaliation for taking FMLA leave. However, such a move will probably trigger a lawsuit anyway.