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Employment Law

OK to fire employee who lies about FMLA absence

10/22/2008

Employees sometimes don’t want to give their employers personal details about an illness or a condition that may be covered by the FMLA. But if you find out they lied about the nature of their health problems, you can fire them for violating your honesty policy.

Government workers’ ‘free speech’ might be nothing more than insubordination

10/22/2008

Public employees are protected from being fired for exercising their right to free speech—but government agencies still have the right to manage their workforces. Those rights may clash when a public employee complains about how she is supposed to do her job …

Employees may sue for alleged pay promises

10/22/2008

You may not have to pay employees for every task they perform while getting ready to start their shifts. But if those employees can prove you told them they would be paid for that time, you may be liable.

Pa. law allows OT class actions that federal FLSA doesn’t

10/22/2008

Pennsylvania quickly became a go-to state for class-action lawyers after retail giant Wal-Mart lost a big case here last year. Don’t be vulnerable to high-dollar claims—have your attorney review your wage-and-hour rules now to avoid getting slammed by a class-action suit.

What not to ask your prospective HR director

10/22/2008

It is an unwritten rule in polite society that anyone who feels compelled to guess a person’s age should always guess down. That’s why it’s hard to sympathize with an investor with Unitek USA, who reportedly asked a 55-year-old applicant seeking an HR director’s position, “How old are you, 78?” …

Perhaps councilman will next be kissing seat goodbye

10/22/2008

Terri Vaughn, finance director for the Yeadon Borough Council, has filed a sexual harassment and retaliation complaint with the Pennsylvania Human Relations Commission and the EEOC, alleging that council member Terry McGirth kissed her inappropriately on numerous occasions …

Pittsburgh hospital hostile to the sick, EEOC lawsuit claims

10/22/2008

The EEOC has filed a lawsuit against LifeCare Hospitals of Pittsburgh, a pioneer in caring for those with long-term acute illnesses, for turning its back on an employee who developed cancer …

Johnstown-area workers tilt at Spanish windmill company

10/22/2008

Kevin Wagner, Paul McElhenny and Rick Williams are suing Gamesa/Fiberblade, a Spanish manufacturer of wind turbines, for allegedly replacing them with younger workers and those from Spain …

No ifs, ands or butts: Know Pennsylvania’s new smoking ban

10/22/2008

In June, Gov. Ed Rendell signed into law the Clean Indoor Air Act (CIAA), which regulates smoking in places across the commonwealth (except the city of Philadelphia because it already has a similar smoking ban in place). The CIAA prohibits smoking in indoor areas such as enclosed public places, restaurants, nightclubs and workplaces …

How can I make sure proprietary information doesn’t leave when employees do?

10/22/2008

Q. As an employer, what can I do to avoid unauthorized disclosure of sensitive company information when an employee departs?