The HR Specialist: Pennsylvania Employment Law

Under the Pennsylvania Human Rights Act, employees who are actively involved in termination decisions may be deemed personally liable for aiding and abetting violations of the law.

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Just letting an employee sign a resignation letter instead of being terminated won’t always prevent her from suing you.

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If the employee never requested modifications to an accommodation, he won’t be able to claim later that the employer didn’t engage in the interactive process. The fault would lie with the employee.

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A last chance agreement can help solidify a termination because it puts the employee subject to the agreement on different footing than other employees.

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It seems counter-intuitive, but putting someone on paid administrative leave can be an adverse employment action and the basis for a lawsuit.

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Legislative action in Harrisburg could moot the new law banning employers from asking potential hires about their salary histories.

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The engineer of the passenger train that derailed in Philadelphia in May 2015, killing eight people, has sued Amtrak, claiming it failed to provide a safe work environment.

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Some employees think they can short-circuit discipline if they request FMLA leave or a reasonable accommodation. The assumption: Employers will back off for fear of being sued.

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Pennsylvania courts are willing to let workers recover damages resulting from intentional infliction of emotional distress. However, the conduct must be “extreme and outrageous.”

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The 3rd Circuit Court of Appeals has ruled that under the Constitution’s 11th Amendment, a state-affiliated educational institution is immune from suit over the FMLA’s self-care provisions.

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