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Pennsylvania

Tell managers: Never comment on FMLA leave

07/17/2017
Employees who qualify for FMLA leave can’t be punished for taking it. Any action that could be seen as dissuading workers from exercising their right to take FMLA leave amounts to interfering with a federal right.

It’s up to worker to ask about status of promotion

07/12/2017
In a win for employers, the 3rd Circuit Court of Appeals has ruled that an employee cannot wait years before suing about a promotion that never materialized.

Progressive discipline is great, but retain the right to fire immediately if necessary

06/26/2017
If you have a progressive discipline system, give yourself some wiggle room. Make sure you retain the right to immediately terminate an employee when necessary.

Protected activity occurred long ago? Discipline now won’t cost a retaliation suit

06/26/2017
If an employee complains about discrimination or takes protected leave, beware taking any action that smacks of retaliation. Otherwise, you are risking a lawsuit.

Workers’ comp pending? Discipline with care

06/26/2017
Are you disputing an employee’s workers’ compensation claim? Be careful how you handle absences during the time the case is working its way through the system.

Feds charge Philadelphia priest with embezzlement

06/07/2017
Monsignor William A. Dombrow faces charges he embezzled more than a half million dollars from the Villa St. Joseph nursing home for retired priests in suburban Philadelphia.

Interfering with an internal investigation qualifies as misconduct

06/07/2017
Employees terminated for misconduct aren’t eligible for unemployment benefits. But what is misconduct?

For unemployment, cursing amounts to misconduct

06/07/2017
Pennsylvania workers can be denied unemployment benefits for willful misconduct. A court just decided cursing counts, even if there’s no specific rule against it.

Termination for criminal wrongdoing? Don’t bad-mouth the recently departed

06/07/2017
You’re surely on safe legal grounds to fire an employee for conduct that breaks the law, aren’t you? Of course you are. But that doesn’t mean you’re free to talk about the circumstances.

Beware rescinding religious accommodation! You will probably have to explain why in court

06/07/2017
Employers should carefully document the process by which they deny or approve a religious accommodation. In particular, granting a request and then deciding to revoke it later may make it more difficult to defend in court.