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Pennsylvania

PIP: Offer chance to improve before firing

08/05/2021

Smart employers make it a standard practice to establish performance improvement plans before terminating employees who can’t do their jobs properly. PIPs can help turn around an underperforming worker. They also demonstrate your good faith to courts, assuring them that a subsequent firing was because of a performance problem, not discrimination.

Track, date all steps in disciplinary process

06/08/2021

When employees figure out they are about to get in trouble at work, expect a flurry of complaints and requests for job-protected leave. These desperate measures are based on the belief that employers can’t fire anyone who has a pending discrimination or harassment case, or who is out on some form of medical leave. However, that doesn’t mean you can’t impose discipline for actions unrelated to an employee’s protected status.

Beware ‘no-poach’ pacts with competitors

05/20/2021

Recruiting new employees is difficult these days, making it more important than ever to retain the staff you already have. Just make sure your retention efforts don’t cross the line into collusion with other employers.

Title VII covers nontraditional beliefs, too

04/22/2021

Title VII of the Civil Rights Act protects employees from discrimination based on their religious beliefs. That sounds simple enough. Almost all managers know they can’t fire someone because they’re Christian, Jewish, Muslim or any other mainstream religion. But Title VII also protects less well-known belief systems.

Document reason for every act of discipline

03/25/2021

Always record the facts of every incident that warrants discipline, including the exact reason you chose to punish the employee the way you did. It’s the best way to head off an employee lawsuit alleging she was disciplined harshly because of some protected characteristic.

Double wages due for ignoring FLSA pay rules

03/18/2021

When the Department of Labor catches employers underpaying employees in violation of the Fair Labor Standards Act, the penalty is to pay the amount owed—and then double it. If the underpaid employee hired an attorney to plead her case, then the employer may end up paying those legal fees, too.

Disability is no excuse for breaking work rules

12/10/2020

Workplace discrimination laws don’t give a free pass to employees who violate legitimate work rules. Don’t let fear of being sued stop you from disciplining workers who deserve it.

Last-chance agreements protect your firing rights

10/22/2020

It makes sense to give a second chance to good employees whose performance is slipping because of personal challenges. You can protect against future lawsuits by imposing a formal last-chance agreement that says any subsequent transgression will result in termination.

Defeat bias lawsuits with well-crafted policies

09/10/2020

One of the best ways to beat employee allegations that they were disciplined or fired because of discrimination: Show the court you have comprehensive policies on discipline that you enforce consistently.

Individually assess each disability claim

08/06/2020

The ADA has been on the books for 30 years, but some employers still don’t understand one of the law’s basic requirements: They must conduct an individualized assessment every time an applicant or employee claims a disability.