Employment Law

Need employment law advice? Your employee’s hungry attorney knows the latest on employment at will, reasonable accommodations, and more.

Minimize employer liability, optimize labor relations, bullet-proof your employee handbook and update your knowledge of ADA guidelines with our employment law advice.

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Some employees claim they have asthma and allergies that are exacerbated by common workplace smells. That doesn’t mean, however, that em­­ployers have to create an allergen-free environment.

Because absenteeism typically comes under the "minor problem" category, the first step is a precounseling session between the individual and his supervisor. In this session the supervisor determines if the employee understands the company's policy on absences. The positive discipline approach then consists of the following stages:

Here’s a reminder for government hiring managers: While ordinarily, such supervisors have qualified immunity, that’s not the case if the decision not to hire is based on an applicant’s political beliefs.
The Milton Hershey School, founded by chocolate magnate Milton Hershey to help underprivileged children, faces discrimination charges after it refused to admit a 13-year-old boy who is HIV-positive.
A laboratory fire that killed a UCLA technician has resulted in felony charges against the university and Pro­­fessor Patrick Harran, who ran the lab.
Not every injury causes a disabling condition that qualifies for ADA protection.
Don’t make a common, but potentially expensive mistake. You can terminate an employee who isn’t ready to return to work when he has used up his FMLA leave without violating the FMLA. However, you may be violating the ADA by doing so.

Sometimes, layoffs are inevitable, something that’s always hard—and often a legal minefield. Get it wrong and your attorneys’ fees can easily exceed the labor costs you hoped to save. Decide who should go in much the same way you decide who should fill a new position.

Q. We hired a temp worker through an agency while one of our employees was out on a 12-week pregnancy leave. Five weeks after she started with us, she was injured at work. Are we responsible for her workers’ comp claim, or is the temp agency responsible?
Q. I will soon either sell my business or close it down. Either way, I will most likely have to lay off all eight of my employees. What are the legal requirements in Pennsylvania in connection with these layoffs?