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Pennsylvania

Manage schedule change after harassment

11/08/2017

One response to reported sexual harassment is to separate the alleged victim from the alleged harasser. However, if the separation includes a schedule change, the victim may claim that amounted to punishing her for reporting harassment in the first place.

Wrong about FMLA abuse? Your honest belief counts

11/02/2017

The 3rd Circuit Court of Appeals recently handed a victory to employers that struggle with employees who misuse FMLA leave—particularly intermittent FMLA leave. The court held that an employer’s honest belief that its employee misused FMLA leave was sufficient to defeat an FMLA retaliation claim, even if the employer was mistaken.

Not every ‘safety’ fear amounts to whistleblowing

10/30/2017

In Pennsylvania, workers are protected for whistleblowing. However, the law has specific requirements. For example, the worker’s complaint must be “objectively reasonable” and not merely a complaint about some perceived safety issue.

Never tie FMLA leave to employee’s performance

10/27/2017

When preparing a performance review, remind supervisors that they should never mention FMLA leave or appear to use it as a factor in the evaluation. That can lead to a big jury award later if the review is used to justify termination—even during a reduction in force.

Feel free to terminate if you find wrongdoing while employee is out on FMLA leave

10/25/2017

Employees out on FMLA leave don’t enjoy more job protection than employees who don’t take leave. As long as an employer doesn’t terminate because an employee took FMLA leave, it’s perfectly lawful to fire someone during leave.

Lawsuit alleges ADA violation? Check if employee actually requested accommodation

10/23/2017

Employees are entitled to reasonable accommodations for disabilities in order to perform the essential functions of their jobs. But employers don’t have to guess whether an employee needs an accommodation—the employee must ask for help.

3rd Circuit rules reduction in work hours following complaint may be retaliation

10/20/2017

It is crucial for HR to follow up regularly with a worker who has complained of discrimination to see if she has any possible retaliation to report. Something seemingly as minor as a changed schedule or slightly reduced hours can be grounds for a retaliation lawsuit.

Being rude isn’t a protected ethnic trait

10/18/2017

Here’s a reminder to stick with solid explanations when documenting discipline. If you have facts to back up your decision, an employee’s spurious claim of some sort of discrimination likely will be dismissed.

Intended workers’ comp bid stops at-will firing

10/18/2017

In Pennsylvania, employment is presumed to be at-will, meaning employers can terminate workers for any legal reason or no reason at all. There is one exception, however. The so-called public policy exception provides protection from termination if an employee files a workers’ compensation claim.

Fixing harassment? Let complainer know

10/16/2017

When responding to a harassment complaint, be sure to let the worker who complained know what steps you are taking. Acting behind the scenes while telling your employee to “deal with it” himself is one of the worst things you can do. That’s courting a retaliation lawsuit.