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Pennsylvania

Employment Lawyer Network:
Pennsylvania

Susan K. Lessack (Editor)

Pepper Hamilton LLP
Pennsylvania Employment Law

LessackS@PepperLaw.com
(610) 640-7806

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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.

What’s the legal standard for firing an executive for behaving inappropriately?

04/30/2014
Q. We recently held a three-day meeting and on the second night one of the regional account executives proceeded to drink too much and behave very badly. He failed to show up for the final day of the meeting. Is this grounds for dismissal?

What danger lurks in your (possibly outdated) handbook?

04/30/2014
Many companies fail to align their handbooks with the realities of their business. As a result, they end up with a handbook that does more harm than good. Here’s what they should include.

In Philly, ‘Pete’s Tax’ refund to employees: $8.5 million

04/30/2014
The Philadelphia-based Chickie’s and Pete’s sports bar and restaurant chain has agreed to settle charges it stole tips from employees and failed to pay the federal minimum wage.

Judge dismisses race bias complaint against college

04/30/2014
A federal judge has agreed to dismiss racial discrimination claims leveled against the Harrisburg Area Com­­mu­­nity College by a black woman who was twice turned down for a position as vice president.

Warn bosses against publicizing FMLA leave

04/30/2014
It’s up to employees to decide how much they want to divulge to co-workers about their FMLA leave. Warn bosses never to discuss an FMLA request with those who don’t need to know about it.

Providing additional leave? Employee loses some rights

04/30/2014

Sometimes, employees with serious medical conditions need more than 12 weeks of FMLA leave to fully re­­cover. Employers that choose to provide more leave or determine that it would be a reasonable accommodation to do so can extend the time off. But the employee loses some rights in the move.

ADA: Minor complications following surgery don’t add up to a disability

04/30/2014
When someone has surgery or undergoes extensive medical treatment, it’s fairly common to have temporary and lingering problems with energy levels, memory and general feelings of wellbeing. But these don’t make the employee disabled under the ADA.

ADA disability: Always allow for individualized assessment of employee’s condition

04/30/2014
Disabled employees are entitled to individualized assessments of their limitations so em­­ployers can determine if a reasonable accommodation is possible. It’s crucial to be flexible.

Pennsylvania among top 10 states for 2013 EEOC charges

04/30/2014
Ten states—mostly home to the nation’s largest cities or located in the South—accounted for 56% of all EEOC charges filed in 2013. Penn­­syl­­vania logged the seventh highest total.

Explain why employee didn’t receive training

04/30/2014
Employers should be careful to design training programs that make training opportunities available for all. But sometimes, an employee won’t be able to participate in training. In those cases, be prepared to explain why.