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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

Click for Full Bio

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.

Termination? Consider offering severance in exchange for waiving right to sue

03/03/2017
Just letting an employee sign a resignation letter instead of being terminated won’t always prevent her from suing you.

Document every aspect of ADA interactive accommodations process

03/03/2017
If the employee never requested modifications to an accommodation, he won’t be able to claim later that the employer didn’t engage in the interactive process. The fault would lie with the employee.

Last chance agreements make firing safer

03/03/2017
A last chance agreement can help solidify a termination because it puts the employee subject to the agreement on different footing than other employees.

Paid leave can be adverse employment action

03/03/2017
It seems counter-intuitive, but putting someone on paid administrative leave can be an adverse employment action and the basis for a lawsuit.

EBSA asks if turbine firm’s 401(k) is gone with the wind

02/01/2017
The U.S. Department of Labor’s Employee Benefit Security Agency has filed suit against the now defunct Wind Turbine Solutions.

Comcast promises lawsuit over Philly’s new wage bias law

02/01/2017
Patterned after a first of its kind Massachusetts law, the ordinance bars employers from asking an employee’s salary history.

Flu shot: Erie hospital pays to settle religious bias suit

02/01/2017
St. Vincent’s Health Center in Erie has agreed to settle charges it failed to provide a religious accommodation for six employees who refused to take influenza vaccines for religious reasons.

FMLA doesn’t prevent firing for poor performance

02/01/2017
Some employees think they can short-circuit discipline if they request FMLA leave or a reasonable accommodation. The assumption: Employers will back off for fear of being sued.

Misogyny alone may not support distress lawsuit

02/01/2017
Pennsylvania courts are willing to let workers recover damages resulting from intentional infliction of emotional distress. However, the conduct must be “extreme and outrageous.”

Court: State institutions held immune from suits related to FMLA self-care provisions

02/01/2017
The 3rd Circuit Court of Appeals has ruled that under the Constitution’s 11th Amendment, a state-affiliated educational institution is immune from suit over the FMLA’s self-care provisions.