Employees and their lawyers are always trying to find new ways to expand the claims they can make against employers. They try novel approaches to try to sweeten the recovery pot.
Recent case: Rachel Dick sued her former employer after she was discharged, allegedly because she complained about sexual harassment. Her attorneys tacked on a Pennsylvania common-law charge, alleging that the state allows lawsuits against employers that terminate employees with the specific intent to harm them.
But the court said the only claim outside federal, state and local employment discrimination laws are those that allege an employee was terminated for a reason that violates public policy, such as firing an employee for reporting crimes. (Dick v. Healthcare Risk Solutions, No. 08-2497, ED PA, 2008)
- One rule, two employees, two violations: Document why discipline wasn't identical
- Following up: The most important, yet most overlooked, part of HR investigations
- Can employers force older workers to retire?
- Supreme Court makes it harder for employees to win age-bias lawsuits
- Messed up? 'Fess up! Honest mistakes aren't evidence of bias