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Pennsylvania

Appeal of firing doesn’t give worker more time to sue

03/03/2015
Employees who use a post-­termination appeal process don’t have a pass to miss EEOC filing deadlines. The clock doesn’t wait to start ticking until the appeal process is finished. They still have to file their agency complaints within 300 days of discharge.

Nooses in the workplace? Immediately launch thorough investigation

03/03/2015

The only appropriate response to a claim of nooses in the workplace is an immediate investigation. That may require involving the police. Show you take the incident seriously even if the source may be a customer or a contractor. It’s the right approach and the one most likely to cut any potential liability after the fact.

Prodigal employee? Ensure hiring managers don’t know details of prior complaints

03/03/2015

Even after an employee who has participated in employment lawsuits or complaints is discharged for entirely legitimate reasons, he may later sue if he isn’t rehired. Then he’ll try to argue that his prior protected activity was the reason he wasn’t rehired. To avoid such lawsuits, make sure the hiring manager knows little or nothing about those prior activities.

Doesn’t matter that he didn’t put a ring on it! Engagement unnecessary for retaliation

03/03/2015
Back in 2011, the U.S. Supreme Court ruled that an employee who was fired after his fiancé—who worked for the same employer—filed an internal discrimination complaint could sue on his own accord alleging retaliation. The fiancé, the court concluded, was within the “zone of interest” meant to be protected from retaliation under Title VII. The Court held that by firing someone’s significant other, the employer in effect would indirectly punish the complainer. Until now, exactly who would be included in the “zone of interest” was in question.

Pennsylvania bosses personally liable for bias

03/03/2015
Here’s an important addition to your training curriculum: Make sure supervisors understand that under Pennsylvania law—unlike federal law—­they may be personally liable for discriminating against employees.

Firing for attendance? FMLA doesn’t count

03/03/2015
Here’s something to remember when you are ready to dismiss an employee for poor attendance: You can’t use any FMLA leave as a negative factor, and you can’t include any FMLA leave when tallying absences.

Few details needed to begin hostile environment suit

03/03/2015
Employees who claim they were victims of a sexually hostile work environment don’t have to provide an exhaustive list of alleged hostile acts. Details can be provided later.

Can we collect insurance premiums from employee who was out on FMLA leave?

02/02/2015
Q. One of our employees recently returned from FMLA leave. Before he left, the method in which he would pay his share of health insurance premiums was never decided. It’s been two months now and the employee hasn’t mentioned it or attempted to pay us back. What can we do to collect the premium?

Can we discipline an ‘early clocker?’

02/02/2015
Q. One of our part-time employees has been warned repeatedly about clocking in earlier than she’s supposed to, sometimes more than an hour early. We know that we have to pay her for any hours worked, but what can we legally do to get her to work only the hours set for her position? Also, can we reprimand a co-worker that has been clocking in for her?

Factor transgender discrimination into equal opportunity policies

02/02/2015

Although most employers have policies prohibiting discrimination and harassment based on an em­­ployee’s sex, race and religion, many have not yet added gender identity to the list of protected categories. The lack of protection has real consequences for transgender individuals.