• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

Pennsylvania

Company settles OSHA retaliation case for $100,000

09/02/2014
McKees Rocks Industrial Enterprises has agreed to settle a retaliation case brought by a former employee who had complained of safety violations at the freight-handling company’s terminal near Pittsburgh. OSHA contends that the general laborer’s complaints led directly to an inspection by federal safety authorities—and that the man was immediately transferred and eventually fired as a result.

Beware sudden scrutiny after employee voices bias concerns

09/02/2014
Have an adequate but not outstanding employee? Be careful if he engages in some form of protected activity. Sud­denly deciding he’s not good enough may spark a retaliation lawsuit.

No, employees can’t sue employers for being ‘unfair’

09/02/2014
Sometimes, it seems as if anybody can sue their current or former em­­ployer and get a day in court. It’s true, anyone is welcome to fill out the blank complaint forms that courts make available to the public. But spurious complaints like this one are usually quickly dismissed.

Common sense: It’s OK to urge employee to use paid leave instead of unpaid FMLA

09/02/2014
Most employers try to run unpaid FMLA leave concurrently with other paid leave, such as sick leave. But sometimes, it may be simpler to encourage the employee to just take a few days of paid vacation or personal leave rather than dealing with the FMLA paperwork. That’s OK.

The case of the purloined letter: Real resignation or post-affair retaliation?

09/02/2014

Here’s a big reason to ban supervisor/subordinate relationships: When those affairs end, trouble for employers often begins. The subordinate, who may have been a willing participant, may now claim she was being sexually harassed. Or the supervisor may punish the subordinate for cutting off the relationship. Either way, there’s probably a lawsuit coming.

Used all the official FMLA forms? 3rd Circuit says that may not be enough

09/02/2014
You might believe that an employee couldn’t argue she didn’t know she was on FMLA leave or that she might lose her job if she didn’t return to work within 12 weeks. You would be wrong.

Retain hotline records for later use in court

09/02/2014
If you have an ethics, harassment or discrimination hotline, be sure to track all complaints that come in, your response and any follow up. This information will come in handy later if someone who used the hotline sues, claiming you ignored her complaints or otherwise discriminated against her.

Consider FMLA before firing for attendance

09/02/2014
Here’s some advice that can save you money you might otherwise have spent defending an FMLA lawsuit: If an employee has accrued enough absences under your attendance policy to warrant termination or is coming close, make sure you haven’t counted any missed work that should have been covered by the FMLA.

Can we require lie detector tests?

07/02/2014
Q. We have experienced several incidents of employee theft over the past few years. Would it be legal to require all job applicants to take a lie detector test?

What should we do? Her request for time off was denied, so she called in sick

07/02/2014
Q. What do we do if an employee calls in sick even though her request for time off was denied?