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Pennsylvania

Court: EEOC off the hook for $4.7M in legal fees

02/02/2015
The 8th Circuit Court of Appeals has overturned a lower court ruling awarding the CRST trucking company $4.7 million in legal fees. A lower court had awarded the fees after it determined the EEOC failed to conduct its conciliation process in good faith.

Allegheny, Pa. 911 operators’ lawsuit alleges race bias

02/02/2015
Three former 911 dispatchers have filed suit against Allegheny County, Pa., alleging it discriminated against them because of their race. One dispatcher also claims she was subject to sexual harassment.

Vacation becomes permanent for payroll admin after disastrous oversight

02/02/2015
Retribution was swift and merciless for Luzerne County, Pa.’s payroll administrator after 1,400 county employees failed to receive paychecks on the final Friday morning of November last year. County Manager Robert Lawton fired the man while he was out on approved vacation.

Harrisburg, Pa. exotic dancers win class-action status

02/02/2015
A federal judge has granted exotic dancers at a Harrisburg-area adult entertainment club class-action status in their wage-and-hour lawsuit against their employer.

Gov’t employers must offer pre-termination hearing

02/02/2015
Public employees can’t be terminated without a pre-dismissal hearing of some sort, to give the employee an opportunity to learn why she’s being fired and a chance to speak up. The hearing doesn’t have to be formal, but simply firing the worker without explanation isn’t an option.

OK to deny permanent job to marginal temp worker

02/02/2015

If a temp isn’t doing a good job, don’t expect improvement if you bring her aboard permanently. When considering converting temporary employees into permanent staff members, you don’t have to accept an application from someone who has already proven herself to be a poor worker.

Documentation is key if you decide not to retain a probationary employee

02/02/2015
Sometimes, it becomes obvious soon after hiring an employee that he is not going to work out as expected. But what if you still want to give him a chance?

Employee won’t give up FMLA info? That may be willful misconduct

02/02/2015
Employees fired for willful misconduct aren’t eligible for unemployment compensation. But what is willful misconduct? The term is broad and can include all kinds of behavior, such as refusing to cooperate with an employer’s rea­­sonable request for information.

Remind supervisors: What you say in emails can and will be used against you in court!

02/02/2015
If an employer is sued for discrimination, harassment or retaliation, chances are all emails related to the employee will be shared with the em­­ployee’s attorneys. Anything said in those emails can then be used against you to prove discrimination—or that you tried to set up the employee for discharge because she filed a discrimination complaint.

Tell bosses: Don’t query medical appointments

02/02/2015
Warn supervisors that they shouldn’t comment on the time that employees take off for medical treatments. If the underlying medical condition is a disability under the ADA, such comments may come back later to haunt the employer.