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Pennsylvania

NLRB clamps down on internal investigation confidentiality

10/27/2012

The National Labor Relations Board, the federal agency charged with enforcing the National Labor Relations Act, has increased its focus on employer/employee communications. This matters to all employers, whether or not their employees are represented by a union.

White House WARNing on fiscal cliff: Don’t jump

10/27/2012
The Obama administration has informed federal contractors—whose funding could be slashed if a lame duck Congress fails to act before the end of the year—that they don’t have to worry about one of them yet: issuing layoff notices required by the WARN Act.

Handicapped man fired for limping, typing too slowly

10/27/2012
A former employee in Bank of America’s mortgage office in Pittsburgh is suing the bank, claiming he was fired because of his disability.

Sleeping on the job? No unemployment benefits

10/27/2012
Employers that fire a worker for being caught sleeping on the job may not be liable for unemployment compensation benefits. On-the-job snoozing can be considered willful misconduct if it’s clear it violates company policy.

Public employee can’t refuse due-process hearing and sue

10/27/2012
Here’s encouraging news for public employers: A fired employee can’t sue for deprivation of due process if she refuses to participate when the employer offers a due-process hearing.

OK to take your time probing misconduct–that won’t affect unemployment claim

10/27/2012
Good news for employers that hold off on firing an employee for an act that would otherwise be willful misconduct, making the employee ineligible for unemployment compensation benefits. As long as you can explain why you delayed actually terminating the employee, she won’t receive unemployment benefits.

ADA warning for bosses: You’re not qualified to diagnose employees’ mental illness

10/27/2012
The ADA protects employees with mental health problems from discrimination. That makes it dangerous for managers to engage in armchair psychology.

Court: FMLA may cover not-yet-eligible employees

10/27/2012
A federal court has rejected Hersha Hospitality Management’s request to toss out an FMLA interference lawsuit filed by an employee who had only worked for the Harrisburg company for 10 months when she was fired.

Beware bias peril built into applicant tests

10/27/2012
Do you use off-the-shelf pre-employment tests to screen applicants? Watch out! You could be setting yourself up for years of litigation if a disappointed applicant sues, alleging some form of discrimination.

Use hotline records to nail down complaints

10/27/2012
A hotline makes it easy for employees to file complaints internally—and for you to keep track of the kinds of complaints they are making. That can come in handy later if there’s a dispute about when or about what an employee complained.