• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Subjective fear of discipline no reason to quit

08/01/2006

To make a "constructive discharge" claim, employees must show that their working conditions were so intolerable that they had no choice but to quit and that those conditions amounted to discrimination based on age, race, sex or some other protected characteristic. But, as a new ruling shows, an employee’s subjective "fear of future discipline" isn’t grounds for a lawsuit under this constructive-discharge theory …

Consider criminal check for problem employees

08/01/2006

When you’re thinking about discharging a problem employee, consider running a criminal background check. In many cases, discovering a serious crime conviction can provide additional justification …

Making Transfers: Prepare to Prove New Job Isn’t a Dead-End

08/01/2006

When it’s time to restructure your workplace, beware the potential legal dangers of transferring employees to jobs that have no growth potential. That could be viewed as an adverse action that triggers a discrimination lawsuit …

New Pa. law restricts use of Social Security numbers

08/01/2006

Pennsylvania employers will have to go to greater lengths to keep employees’ and customers’ Social Security numbers private in the wake of new legislation signed by Gov. Rendell this summer …

Earn a new tax break for giving paid leave for organ donation

08/01/2006

A new law signed last month by Gov. Rendell, The Organ and Bone Marrow Donor Act, grants employers a tax credit if they offer paid organ-donor leave to their employees. State Rep. Robert Godshall (R-Montgomery) proposed the bill (HB 153) after hearing how some would-be organ donors would be deterred by potential economic losses from missing work …

South Philly cheesesteak icon hit with discrimination charge

08/01/2006

Geno’s, one of the two self-proclaimed creators of the Philly Cheesesteak, has been charged with discrimination by the Philadelphia Commission on Human Rights. The charge stems from a sign in the restaurant stating "This is America … When Ordering Speak English" …

3rd Circuit Vacates Ruling on ‘Ministerial Exception’

08/01/2006

The 3rd Circuit has vacated its decision on the so-called "ministerial exception" and referred the case for rehearing …

Train supervisors on new risk of workplace retaliation

08/01/2006

If your organization doesn’t currently make it clear that it prohibits supervisors from retaliating against employees who complain about discrimination, now’s the time to hammer home that message …

EAP hotline calls may trigger ADA, FMLA awareness

08/01/2006

Many employers offer employee assistance programs (EAPs) to help employees with personal problems. But be aware that if you communicate directly with counselors who take employees’ calls, you may trigger legal liabilities under both the ADA and the FMLA. That’s especially true if an EAP counselor suggests that the employee needs time off or some other accommodation …

Don’t break wage promises to visa holders

08/01/2006

Employers who rely on the expertise of foreign scientists, engineers and nurses would be wise to review the processes they use to recruit and pay employees under H-1B visas. The EEOC has taken a keen interest in whether promises made to induce foreign talent into the United States are being honored. And more visa holders are hiring lawyers and suing for broken promises …