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Pennsylvania

First things first on FMLA: Challenge eligibility before approving leave

03/12/2013
Many employers are seeing a surge in requests for intermittent leave when an employee has a parent or child who needs help getting to medical appointments or undergoing treatments. Before you approve a request for such intermittent leave, make sure you are satisfied with the medical certification.

Is it legal to exclude out-of-state employees from our annual outing?

03/01/2013

Q. We’ve traditionally sponsored a springtime cruise for our Pennsylvania employees—mainly executives and directors. However, it will cost too much to invite our newest employees, who work in three neighboring states. Can we sponsor different events for staff in each geographical area?

How should we conduct an investigation?

03/01/2013

Q. An employee lodged a complaint about a supervisor’s misconduct. I know we’ll need to perform an investigation, but I’m not sure where to start. What’s the best way to proceed?

Good performance reviews don’t outweigh later discipline

02/20/2013
Sometimes, an employee does something so outrageous that you have no choice but to fire her. If she sues, you may worry that her past good reviews will create trouble. They won’t if you documented the incident leading to the discharge.

Documentation key to post-complaint discipline

02/20/2013
HR pros often think twice before disciplining an employee who has complained of a serious workplace problem such as sexual harassment. It’s natural to worry about an add-on retaliation claim. But as long as discipline is clearly warranted, don’t second-guess yourself.

Same offense, different discipline: Show why harsher punishment was warranted

02/18/2013
Even when two or more employees break the same rule, each may not deserve the same punishment. But if you don’t document why each case is different, a judge or jury could decide that discrimination was your motive for punishing one employee more severely.

Could a negative reference be considered libel?

01/25/2013
Q. We fired an employee because she was chronically late, frequently missed work and had a poor working relationship with her colleagues. If we provide negative job references to prospective employers, could we be sued for libel?

Does the NLRA apply to nonunion employers?

01/25/2013
Q. If an employer is nonunion, must it abide by the National Labor Relations Board’s (NLRB) rules and regulations?

Can not knowing how to read be a disability?

01/25/2013
Q. Is illiteracy considered a disability under the ADA? And if it is, what accommodations would we be expected to make, as an employer?

Good news for employers: Moonlighting, noncompetes and the NLRA

01/25/2013
The National Labor Relations Board’s Division of Advice recently released a memorandum that should hearten ­­employers. It concluded that requiring employees to sign an agreement that contains a noncompete clause or a “moonlighting” provision would not unlawfully interfere with an employee’s exercise of rights under Section 7 of National Labor Relations Act.