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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.

Mental health accommodations addressed in EEOC guidance

03/03/2017
The ADA only covers mental health conditions if they constitute disabilities, meaning they substantially limit a major life activity.

State legislature may kill Philly’s pay ordinance

03/03/2017
Legislative action in Harrisburg could moot the new law banning employers from asking potential hires about their salary histories.

Engineer sues Amtrak, claiming derailment resulted from attack

03/03/2017
The engineer of the passenger train that derailed in Philadelphia in May 2015, killing eight people, has sued Amtrak, claiming it failed to provide a safe work environment.

No EPA claim if the jobs weren’t actually equal

03/03/2017
To win an Equal Pay Act claim, an employee must show that a similarly situated employee of the opposite sex was paid more. It’s not enough to merely claim that one sex generally earned more.

The one time it’s good for your handbook to be a contract

03/03/2017
An employer has won the right to pursue a contract counterclaim against a former employee based on a provision in the employee handbook.

Beware individual liability for wrongful terminations under Pennsylvania state law

03/03/2017
Under the Pennsylvania Human Rights Act, employees who are actively involved in termination decisions may be deemed personally liable for aiding and abetting violations of the 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.