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Pennsylvania

Late returning from leave? No extension request? Feel free to fire

06/29/2015
Employers sometimes worry about terminating an employee who hasn’t showed up for work when her approved leave expires. That shouldn’t be a problem if you previously made it clear that it’s the employee’s responsibility to keep you updated with their status and to ask for an extension if necessary.

That stinks! Don’t tolerate co-worker efforts to provoke fragrance sensitivity

06/29/2015
Some employees are sensitive to various chemicals such as perfumes and other strong smells. Accom­­­­mo­­dat­­ing the problem can be difficult, but it’s necessary if the condition rises to the level of a disability.

Ensure physical tests are fair for women

06/29/2015
Some professions require applicants to prove a certain level of physical fitness. When employers demand passing a physical test as a qualification to be hired, they need to make sure that protected classes such as women don’t fail at rates that indicate the test has a disparate impact on otherwise qualified applicants.

Cross-departmental work? Remember OT rules

06/29/2015
Large employers usually have several departments, and it’s common for employees to do work in more than one. But some payroll systems may not catch it when cross-departmental work exceeds 40 hours in a week, separately recording hours worked in each department.

Are employer’s verbal promises binding?

06/09/2015
Q. Can I rely on verbal promises made by my em­­ployer during my interview, or during my employment as forming part of my contract of employment?

After exempt employee uses up paid leave, what do we do when he misses work again?

06/09/2015
Q. I have a salaried employee who used all his vacation and sick time. He is allowed a total of 21 days and has used 22. He wants to take more vacation in Novem­­ber and is always sick (so he’ll probably be out more). Can I deduct from his pay if he’s out more? Or can I take days from next year? This may be an ongoing thing every year.

Telecommuting not always a reasonable ADA accommodation

06/09/2015
A federal appeals court has ruled that telecommuting is not always a reasonable accommodation under the ADA. The case involved a Ford employee suffering from a disability, but the court found that on-site attendance was an essential function of the plaintiff’s job.

Absent with no excuse? That’s willful misconduct

06/09/2015
Employees who are fired for willful misconduct aren’t eligible for unemployment compensation. Not following the employer’s call-off rules is willful misconduct and may bar benefits.

State lawsuit finished? Now brace for federal case

06/09/2015
Don’t assume case is over after state court case ends. A recent case shows that even after a decade of litigation, the former employee may add a second federal lawsuit.

When hiring, never consider or mention military reserve obligations

06/09/2015

Federal law protects applicants who belong to the military reserves from discrimination based on their service, and considering their military obligations when making hiring decisions is illegal. If anyone involved in hiring ex­­presses reluctance to hire a candidate because of his or her service, expect legal trouble. Make absolutely sure you had valid reasons for picking other candidates.