The HR Specialist: Pennsylvania Employment Law

A former employee of Bell Sociali­­zation Services in York has won unemployment compensation benefits after she was fired for not having “reliable transportation.”

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After an employee files an inter­­nal complaint, HR should review every reassignment or other significant job change. Even one negative move can support a retaliation lawsuit.

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Courts don’t expect workplaces to be places of complete harmony—but they do expect employers to take complaints seriously. They want to see that bosses are disciplined when they make offensive comments.

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If they’re qualified, disabled employees may be entitled to transfer to an open position as an accommodation. Blocking a transfer may violate the ADA, unless you can show that the transfer would impose an undue hardship.

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Offering a public employee the option to retire rather than face a disciplinary hearing that could result in discharge isn’t an adverse employment action. Therefore, it can’t be the basis of an employee’s discrimination lawsuit.

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Government employees can’t be punished for exercising their First Amendment rights. But that rule has important restrictions. One of those is that, ordi­­narily, filing an internal grievance isn’t protected speech.

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Market Burgers, which owns a Checkers fast-food franchise in West Philadelphia, faces charges it pays women less than men and doesn’t let women work as many hours as men.

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Before you terminate an employee for breaking a company rule, be sure that you have someone else look at the situation. Never rely strictly on the supervisor’s view of events.

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Forward Air may have to go to court after it granted but then denied a request for FMLA leave from an employee at its Harrisburg air freight facility.

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The subject of an EEOC gender discrimination lawsuit claims he berates all his employees, not just the women. The owner of Ricardo’s Restaurant in Erie said so in a response to a sexual harassment suit filed against him by a former employee.

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