Patricia Smith, the former comptroller for the Baierl Acura dealership in Wexford, lived lavishly for 6½ years. Now Smith is trading in haute couture for prison coveralls after pleading guilty to embezzling more than $10 million from her employer between late 2004 and July 2011.
Some employees seem to have no problem picking fights and engaging in arguments with co-workers, customers and supervisors. You don’t have to put up with it. Generally, courts are hesitant to second-guess an employer’s decision to fire a disruptive worker unless there is a compelling reason.
There’s no collecting attorneys’ fees from the EEOC in mid-litigation. A court said that it must wait until a case ends.
Even an employee who was terminated for good reasons can win a discrimination lawsuit if she can show that someone outside her protected class wasn’t fired for the same transgression. That’s why you must track all discipline.
If a co-worker, supervisor or customer sexually assaults an employee and the police are called in, the employer must still take reasonable steps to stop the harassment and prevent another assault. It’s not enough to rely on the police to take care of the problem.
Make sure someone other than the supervisor who ordinarily disciplines an employee is responsible for approving and administering FMLA leave. By separating those functions, you minimize the risk that an employee might be able to connect FMLA leave with an adverse action such as termination.
When an employee tells her supervisor she has a disability that makes it hard for her to get to work on time, it’s critical to factor that into any decision to apply a no-fault tardiness policy. Refusing to do so may be disability discrimination.
An intriguing discrimination case in New Jersey raises complicated issues that Pennsylvania courts may one day have to address: discrimination claims based on perceived membership in a protected class.
Why should HR worry about what the IT department does? After all, you’re about people; they’re about hardware and software. But there is one time when HR must collaborate with IT, and that’s when the computer system crashes. All manner of HR mayhem can ensue, and you had better be able to explain it.
The EEOC has issued a new regulation addressing the “reasonable factors other than age” (RFOA) defense to disparate impact claims under the Age Discrimination in Employment Act. Understanding the new regulation can help you comply with the law and prevail in court if you are sued.