• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

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.

‘Fissured workplace’ is focus of DOL misclassification initiative

04/01/2015
Business models that lean heavily on independent contractors are tempting a DOL investigation. Might you be in a targeted industry?

Probationary status doesn’t bar ADA accommodation

04/01/2015
New Castle-based pipe fitting manufacturer EZEFLOW USA has agreed to pay $65,000 to settle a disability discrimination suit filed by a former marine who had requested six weeks of unpaid leave to treat seizures resulting from his service in Iraq and Afghanistan.

Accepting suspension doesn’t equal admission of guilt

04/01/2015
Employees who lose their jobs be­­­­cause of willful misconduct aren’t eligible for unemployment benefits. But whether misconduct occurred can be called into question by any agreement the employer and employee may have signed calling for a suspension instead of termination.

Discrimination, retaliation alert: Beware bending promotion rules case-by-case

04/01/2015
When it comes to promoting employees, try to make sure everyone has a fair shot at opportunities. And if you ever bend the rules, realize that you may end up having that flexibility used against you if you don’t do the same for others.

Make sure harassment reporting process isn’t stacked against those who complain

04/01/2015

Employers with a robust anti-harassment policy can sometimes escape liability if employees unreasonably fail to take advantage of the policy to report alleged harassment. The idea is that employers should have a chance to fix the problem. But if your process is somehow stacked against alleged victims, don’t expect a court to let you off the hook.

Think long and hard before firing harassment victim for fighting back

04/01/2015
Sometimes, an employee may feel as if she has no viable option except to fight back against a bully or harasser. That puts you, as the employer, in a difficult spot. Do you launch a full-scale investigation, try to sort out which employee is telling the truth and then fire the one you believe most culpable? If that’s the employee who physically struck the other, you may be making the wrong choice.

Pa. governor calls for ban on bias against LGBT employees

04/01/2015
Gov. Tom Wolf has asked the legislature to send him a bill providing protections for lesbian, gay, bisexual and transgender employees.

Function–not treatments–decides disability

04/01/2015
Carefully consider whether an employee really qualifies as disabled before providing reasonable accommodations. Don’t focus solely on the number of treatments an injury or condition requires. Focus instead on whether the condition substantially impairs a life function.

Don’t let xenophobia harm innocent employee

04/01/2015
It’s no secret: International news often upsets Americans, especially since the Sept. 11 terrorist attacks. But frustration about terrorism and other threats shouldn’t be allowed to spill over in the workplace, especially if another staff member is unfairly singled out for abuse based on nothing more than his national origin or religion.

Employee of Philly nonprofit confesses to killing boss

03/11/2015
A co-worker has confessed to shooting and killing the executive director of a Philadelphia nonprofit while she waited for her morning bus.