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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.

Send FMLA forms to ‘ineligible’ employees?

03/29/2016
Q . An employee who’s been employed since October is out on workers’ comp and will be for a while. Do I send her FMLA paperwork even though she hasn’t met the criteria of being employed for at least a year? It’s my understanding that I should send it to everyone that requests leave, and only after they return the paperwork should I determine if the person is, in fact, eligible.

Utz drivers demand overtime

03/29/2016
Three drivers for Utz Snacks in Hanover are suing, claiming the company owes them thousands of dollars in back overtime pay.

Judge: Repeated demands for drug test can be harassment

03/29/2016
A Pennsylvania court has ruled that a former housekeeper can collect unemployment compensation even though she quit after a bottle-waving boss badgered her to take drug tests.

Online shopping doesn’t bar unemployment comp

03/29/2016
Are your workplace rules on Internet usage vague? Then firing an employee for shopping online or other wasted time may not bar unemployment compensation benefits in Pennsylvania.

Keep discharge meeting short and simple

03/29/2016
Deliver discharge news at a short and focused meeting. Remind everyone that the purpose is to let the worker know he has been discharged and obtain badges and other company property. Don’t be goaded into an argument.

Employee can’t fully return from FMLA? Explore accommodations before firing

03/29/2016
Some employees who need to take FMLA leave may be newly disabled or suffer from serious health conditions that develop into disabilities. If they are not fully healed, they may not be able to obtain a doctor’s clearance to return to work.

Guard sues after inmate swipes his SSN

03/29/2016
A guard at Lewisburg Federal Peni­­ten­­tiary has sued the Justice Depart­­ment after a federal inmate obtained his Social Security number and other personal data through a Freedom of Information Act request.

Crude comments aren’t always harassment

03/29/2016
Yes, employers need to take solid steps to prevent sexual harassment. But that doesn’t mean HR should panic every time an employee reports offensive or crude comments.

Divide applicants based on qualifications

03/29/2016
Do you have more applicants who are at least minimally qualified than you can reasonably interview? Then split up the applicant pool before you begin those interviews.

Stray comments alone don’t prove bias

03/11/2016
A few stray comments in the workplace aren’t enough to taint every employment action. The comments have to be somehow tied to the employment action.