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Pennsylvania

Sudden vigilance of company rules can look like retaliation

12/01/2006

When employees sue your organization, it can be tempting for supervisors to keep a closer eye on those litigious employees to make sure they’re “playing by the rules.” But be careful: If you suddenly start enforcing your company’s existing rules or turn into Big Brother, you could end up facing a second lawsuit, for retaliation …

Beware linking RIF with retirement incentives

12/01/2006

It’s not uncommon during economic downturns for organizations to conduct a RIF and—if the expected savings don’t materialize—to follow up with a retirement-incentive plan. But be aware of one pitfall …

What’s an ‘Essential Function’? Consult DOL Manual

12/01/2006

The ADA requires employers to identify the essential functions of all jobs and make reasonable accommodations for disabled employees to perform those tasks. But if you pile too many tasks onto that “essential functions” list, you may court trouble …

You can be held personally liable for wage payment errors

12/01/2006

If you’re a decision-maker in your organization and exercise that power to withhold wages from an employee, you could find yourself personally liable to that employee if you get it wrong …

UI benefits due unless you prove independent contractor status

12/01/2006

The Pennsylvania Unemployment Compensation Law includes a presumption that out-of-work individuals are employees, not independent contractors (who aren’t eligible for UI benefits). It’s up to you—not the worker—to prove that he or she is an independent contractor …

‘Job commitment’ is valid reason to reject an applicant

12/01/2006

When it comes to evaluating applicants, you can consider factors like evidence of the employee’s commitment to the job and the likelihood he won’t stick around. That’s true even if it means you don’t hire an older applicant who worked for your organization in the past and received good reviews …

Be wary of ‘Public policy’ exception to at-Will employment

12/01/2006

While at-will employment is the standard in Pennsylvania, the right to fire an employee with or without cause is not absolute. Your organization can be sued under state law if former employees can show that they were fired in retaliation for exercising a right protected by Pennsylvania law …

Termination reasons needn’t be long laundry list

12/01/2006

Firing an employee is a painful process. But delivering the news needn’t turn into a marathon discussion or airing of every management beef about the employee …

Allowing bias by subcontractor could be ‘Aiding and abetting’

12/01/2006

If your organization hires a subcontracting firm and knows that it’s discriminating against its employees, take note: You could be held liable under a rather obscure part of Pennsylvania law …

Workers have two years to sue under PHRA

12/01/2006

When an employee files an EEOC claim and the federal agency decides to dismiss it, that employee has up to 90 days to file a lawsuit on his or her own behalf. But it’s a different story with the Pennsylvania Human Relations Act (PHRA) …