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Pennsylvania

Employment Lawyer Network:
Pennsylvania

Susan K. Lessack (Editor)

Pepper Hamilton LLP
Pennsylvania Employment Law

LessackS@PepperLaw.com
(610) 640-7806

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Susan K. Lessack is a partner in the Berwyn and Philadelphia offices of Pepper Hamilton LLP. She concentrates her practice in employment counseling and employment litigation. Ms. Lessack’s experience includes counseling employers on matters related to compliance with federal and state labor and employment laws, counseling regarding employee discipline and terminations, conducting investigations of employee conduct, including harassment, training employers on their obligations under employment laws and litigation avoidance, and developing employment policies. She defends employers in litigation of employment discrimination claims, wrongful discharge claims, and claims under federal and state employment-related statutes, such as the Family and Medical Leave Act and the Pennsylvania Wage Payment and Collection Law.

Offer easy accommodations … or settle for $3.3 million

05/28/2020
When in doubt about how to handle an ADA request, sometimes the best bet is to offer a temporary accommodation. Make sure the employee understands the accommodation is temporary and not an admission that he’s entitled to it. Then set a review date.

Date and time stamp every discipline decision

05/21/2020
Smart employers immediately and precisely document every employment decision. For example, it’s not enough to merely note the date you decided to terminate someone. Record that actual time the decision was made.

Calling off sick doesn’t trigger FMLA rights notice

05/07/2020
Employers are obliged to let employees know about their FMLA rights—when it’s clear they are dealing with a serious health condition. Merely calling off sick won’t cut it.

DOL: No pause in wage-and-hour lawsuits

04/23/2020
Don’t expect a decline in lawsuits during the coronavirus pandemic. Be sure you continue to follow all your usual protocols for responding to EEOC complaints, subpoenas and other legal notices.

3 lawsuit-proof alternatives to layoffs

03/19/2020
With business slowing nationwide because of the coronavirus pandemic, many employers have already laid off staff, and many more fear they will have to do so soon. Before you commit to wholesale reductions-in-force, there are three alternatives worth considering.

Discover wrongdoing during FMLA? Fire away

11/14/2019
It’s natural to worry about terminating an employee who is out on FMLA leave. However, the FMLA does not prohibit employers from making employment decisions that they would have made anyway if the employee had never taken leave.

Look into even suspect harassment complaints

09/12/2019
Don’t assume every last-minute harassment complaint is a sham. Instead, investigate.

Choose best method to set FMLA calendar

08/09/2019
Employers can calculate the 12-week unpaid-leave entitlement by choosing one of four methods. Not choosing a method can prove dangerous, as a recent case shows.

Yes, you can terminate during FMLA leave

04/18/2019
You may find that some employees who suspect they are about to be disciplined suddenly ask for FMLA leave. They may cynically believe that taking FMLA leave protects them from discharge. It doesn’t.

Does post-traumatic stress disorder qualify for workers’ comp benefits?

04/02/2019
Q. I’ve heard that the first responders we employ can receive workers’ compensation benefits for post-traumatic stress disorder. Is that true?