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Pennsylvania

Single crude incident doesn’t warrant lawsuit

12/03/2012
Sometimes, supervisors say stupid things. But unless a statement or action is outrageously offensive and clearly related to an employee’s race, ethnicity, sex or other protected category, it isn’t grounds for a harassment and discrimination lawsuit.

Knocked down, BP pitcher throws Phillies a legal curve

12/03/2012
When the 2011 baseball season ended, Philadelphia Phillies General Manager Ruben Amaro fired Ali Modami, the team’s batting practice pitcher. Now Modami has filed a $100,000 defamation suit against Amaro and the team.

Ask EEOC to keep employee info confidential

12/03/2012

If you ever have to face off against the EEOC in court, watch out! The commission has great discretion to expand a case that may have begun with just one employee. In doing so, it may demand a long list of information about your employees, past and present. Before turning over employee information to the EEOC, ask the court to order confidentiality.

Curb harassment with policy, prompt action

12/03/2012

You can’t control everything that happens in the workplace. Despite your best efforts, a supervisor might still harass your employees. That doesn’t mean you’re defenseless. A good sexual harassment policy, thorough training for everyone and prompt action can save the day.

Workplace romance gone bad? Don’t hesitate to terminate if you perceive danger

12/01/2012
Not every romance ends happily ever after with a storybook wedding. But with the passage of time, most breakups don’t leave a lingering mess. That’s not necessarily true of workplace romances gone sour, where the former love birds may remain in regular contact with each other.

The details matter when documenting discipline

11/27/2012
The next time you discipline an em­­ployee, consider how his conduct compares to others who broke a similar rule. Then detail the differences if the punishment varies. That way, you can later explain why two employees violating a similar rule deserved different punishments.

Audit disciplinary records to ensure protected employees aren’t being unfairly punished

11/12/2012

Do you know for sure that your supervisors equally punish em­­­­ployees who break the same workplace rules? If not, it’s time to conduct an internal audit. Check disciplinary records against your employees’ protected characteristics.

Performance slipping under new supervisor? Find out if standards have changed

11/12/2012
If a former employee sues after being fired for poor performance, his attorney will almost certainly ask to look at past performance appraisals. Any that indicate the employee had previously been doing a good or excellent job may be used against you as proof the employee was fired for illegal reasons.

Do long hours change part-time status?

10/27/2012

Q. Many of our part-time warehouse employees have recently been putting in well over 40 hours per week. Do we have an obligation to change their status to full time?

Is car trouble a firing offense?

10/27/2012

Q. An employee frequently comes in late or is absent because of car troubles. Is this a justifiable reason for termination? To avoid this issue in the future, can we ask applicants if they have a reliable means of transportation to get to work?