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Pennsylvania

Document every discharge just in case there’s a lawsuit

07/26/2013

You might assume that someone won’t sue if they’ve been accused of sexual harassment by several employees and cited for poor performance. You could be wrong. That’s why you should document every discharge decision as if you expect a lawsuit.

SS disability doesn’t automatically qualify employee for company disability

07/26/2013
An employee who files for Social Security disability benefits based on the inability to work doesn’t automatically qualify for her company’s ERISA disability benefit plan when her federal benefits come through. She can be disabled under federal law but still capable of working as defined in the company insurance plan.

Feel free to place reasonable background check conditions on job offers

07/26/2013
Good news for employers that have had to revoke conditional employment offers: Employers that discover disqualifying information after an offer has been tendered but before the candidate starts work are free to revoke the offer. That won’t result in a big jury award.

Protected activity doesn’t excuse insubordination

07/26/2013
Some workers believe they are golden as soon as they complain about supposedly illegal employer actions. You can and should punish any be­havior you would have punished if the employee had never complained. That includes terminating an em­­ployee for post-complaint insubordination.

Warn bosses: Don’t single out caregivers

07/26/2013

Being a boss is hard enough, but it’s especially difficult when un­­expected absences disrupt production schedules. Unfortunately, it’s a fact of managerial life. That’s why you should remind supervisors that they must not take out their frustrations by retaliating against employees who miss work for legitimate reasons—such as having to care for a sick child.

Can we ban moonlighting?

07/08/2013
Q. We have an employee who recently started working a second job. We currently don’t have a rule against moonlighting, but now he frequently comes in late and tired. It’s really affecting his work. Are we legally entitled to ban second jobs?

Is body odor a real disability?

07/07/2013
Q. Several employees have requested that we talk to another employee who, frankly, smells bad. I know she has medical problems. Can we ask her to do something about the odor or would that be discrimination based on disability?

FMLA: How can we be sure employee must care for her grandchild?

07/05/2013
Q. One of our employees just took emergency custody of her grandchild after her son and daughter-in-law were arrested for child abuse. She now wants to take FMLA leave to get the child settled in and have family counseling. What kind of proof must we accept that she really has legal custody?

Does employee use of DOL ‘timesheet’ app mean we can’t ban cellphones?

07/05/2013
Q. To curb wasted time and keep workers on task, we are banning cellphones at work. Now one of our employees has told us that she has the Department of Labor’s wage-and-hour app on her iPhone. She says she uses it to track her hours worked, and that we are illegally preventing her from using it. Will our ban hold up legally?

Is it legally risky to use facial recognition software?

07/05/2013
Q. Management wants to install “facial recognition” software that clocks in employees by electronically matching the employee’s face to a database. Leaving aside the Big Brother creepiness, are there any legal land mines we should consider before installing this type of technology?