HR Specialist: Pennslyvania Employment Law

Jurors in Pennsylvania are notoriously generous to fired employees. And that’s just the beginning. Aggressive attorneys don’t stop with federal laws like FMLA, ADA and FLSA: they use state and local living-wage statutes, rural codes, plus discrimination and other laws to sue employers for sky’s-the-limit damages. This Pennsylvania-specific newsletter arrives monthly to help sue-proof every aspect of HR. Written in plain English, it’s your insurance policy for staying in step with current interpretations of state and local laws – and staying out of court. Learn more about HR Specialist: Pennsylvania Employment Law and the free report you’ll get when you subscribe...
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A federal court has refused to accept the notion that a standard FMLA eligibility form sent to an employee creates a contract.

Recent case: Sears employee Gerard Atchinson was out on FMLA leave when the retailer laid him off.

He sued, alleging that Sears had sent him an FMLA eligibility form (that he signed), stating he was entitled to 12 weeks of FMLA leave, plus reinstatement. Atchinson argued the form created a contract and that he could not be terminated for at least one year.

The court disagreed, saying the FMLA form in question wasn’t a contract, just a standard FMLA eligibility notice. (Atchinson v. Sears, No. 08-3257, ED PA, 2009)

Advice: If the notice had created a contract, that would have been a huge game changer. Have your attorney review your FMLA forms to ensure they don’t compromise at-will employment status.