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Pennsylvania

Employee committed firing offense? Terminate ASAP–or else prepare for court

03/06/2014
If you don’t terminate an employee for an obvious firing of­­fense but later use that reason to justify a discharge, you’d better have a good explanation for the delay. Otherwise, a jury may see the move as a pretext for some form of discrimination.

When criminal records are at issue, prepare to explain rationale for firing or not hiring

03/06/2014

Employees who lose a job often don’t believe the discharge reason their employer provides. They look for some apparent underlying illegal discrimination and sue. Smart employers are ready to explain the entire discharge process from beginning to end.

Firing after complaint won’t always prove bias

03/06/2014
Don’t let what you know is a meritless complaint keep you from disciplining an employee. If you can show the process was already under way and you had a solid business reason, go ahead and discipline the worker.

Document exactly why you fired troublemaker

03/06/2014
Do you have an employee who is so disruptive that co-workers repeatedly complain? You may have to fire her. Before you do, carefully document how her behavior negatively affects the workplace and what rules she is breaking.

When is it OK to punish by docking pay?

02/13/2014
Q. May I dock an employee’s pay as a penalty for disciplinary infractions?

Now what? Bad former employee wants a reference

01/24/2014
Q. I received a call from an employee I recently fired, letting me know she listed me as a reference. She was terminated because of performance. Can I disclose that information to a potential employer?

Does workers’ comp cover injuries an employee suffers at a work-related social event?

01/24/2014
Q. Is an employee who injures himself at a ­company-sponsored picnic eligible for workers’ ­compensation?

Unpaid internships could be very expensive for employers

01/24/2014

By some estimates, more than a million people participate in internships each year in the United States, as many as half of them unpaid or for less than the minimum wage. That can be a problem for em­­ployers: Misclassifying employees as unpaid interns can result in costly litigation, civil fines or both.

Fired special needs therapist denied unemployment

01/24/2014
A former special needs therapist has lost her bid for unemployment compensation after a supervisor testified that the therapist told students she needed therapy herself because of the way the students behaved. The incident occurred while the supervisor was observing the class.

Despite misgivings, judge backs Applebee’s arbitration policy

01/24/2014
A waiter at a Philadelphia area Apple­­bee’s will have to go it alone against the company after a federal judge reluctantly admitted the man signed away his right to litigate in federal court when he joined the company.