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Employment Law

You can be held personally liable for wage payment errors

12/01/2006

If you’re a decision-maker in your organization and exercise that power to withhold wages from an employee, you could find yourself personally liable to that employee if you get it wrong …

UI benefits due unless you prove independent contractor status

12/01/2006

The Pennsylvania Unemployment Compensation Law includes a presumption that out-of-work individuals are employees, not independent contractors (who aren’t eligible for UI benefits). It’s up to you—not the worker—to prove that he or she is an independent contractor …

‘Job commitment’ is valid reason to reject an applicant

12/01/2006

When it comes to evaluating applicants, you can consider factors like evidence of the employee’s commitment to the job and the likelihood he won’t stick around. That’s true even if it means you don’t hire an older applicant who worked for your organization in the past and received good reviews …

Be wary of ‘Public policy’ exception to at-Will employment

12/01/2006

While at-will employment is the standard in Pennsylvania, the right to fire an employee with or without cause is not absolute. Your organization can be sued under state law if former employees can show that they were fired in retaliation for exercising a right protected by Pennsylvania law …

Termination reasons needn’t be long laundry list

12/01/2006

Firing an employee is a painful process. But delivering the news needn’t turn into a marathon discussion or airing of every management beef about the employee …

Allowing bias by subcontractor could be ‘Aiding and abetting’

12/01/2006

If your organization hires a subcontracting firm and knows that it’s discriminating against its employees, take note: You could be held liable under a rather obscure part of Pennsylvania law …

Workers have two years to sue under PHRA

12/01/2006

When an employee files an EEOC claim and the federal agency decides to dismiss it, that employee has up to 90 days to file a lawsuit on his or her own behalf. But it’s a different story with the Pennsylvania Human Relations Act (PHRA) …

U.S. Steel wins ADA case; worker couldn’t do ‘Essential’ parts of job

12/01/2006

U.S. Steel Corp. did not violate the ADA when the company terminated a senior technician due to a degenerative lower back condition, a federal district court judge ruled in a Pennsylvania case …

Williamhouse settles pay-Bias lawsuit with three employees

12/01/2006

Envelope-maker Williamhouse of Pennsylvania settled a lawsuit with three supervisors who claimed they were underpaid because they are black …

EEOC dishes up harassment lawsuit to Turkey Hill

12/01/2006

The EEOC filed a lawsuit against Turkey Hill Dairy, Inc. alleging the company maintained a hostile work environment in its Conestoga Dairy facility in Lancaster County …