Despite many courts’ attempts to make the FMLA into the next statute where attorneys utter the dreaded answer of “it depends,” some common mistakes can be avoided.
A federal court interpreting Pennsylvania law has concluded that firing a worker for calling in a complaint to OSHA provides protection under the public-policy exception.
Public employees have a right to due process before being deprived of the property interest that is their job. Essentially, that means a public employer has to provide...
Conducting prompt, thorough internal investigations followed by appropriate corrective action may be the best way to insulate your company from potential liability when...
Under California’s Fair Employment and Housing Act, employers must reasonably accommodate disabled workers with disability leave. If that leave is then used against...
Employees who have worked for their employer for a long time can be expected to know the rules and abide by them, while a new employee may not be as aware. That’s a...
If an employer has a process in place for reporting wrongdoing that includes bypassing one’s supervisor when necessary, employees who don’t take that step can’t...
When it comes to incentive agreements, it pays to engage an experienced attorney up front to draft the language. Your early investment in legal help will save you time...
Government employees have more protection from termination than most private-sector workers do. Example: They have the right to comment on matters of public concern...
The ecclesiastical abstention doctrine essentially says that government cannot interfere unduly with how a religious organization operates. It provides protection for...
The ADA requires employers to consider transfer to open positions as reasonable accommodations for disabled workers. But what if an employee isn’t qualified for any...
Employers that have solid, objective information about poor performance seldom lose lawsuits over the firing of a sub-par employee. Just one caveat: The more objective...
The Pennsylvania Department of Labor and Industry has submitted a proposed rule to amend the regulations that exempt executive, administrative and professional salaried...
If you want to use arbitration to resolve employment disputes without going to court, you have to make sure you have done everything possible to make that agreement a...
More of your peers are finding they need to promote and prove the worth of learning programs they run. So they’re turning to the annual-report concept.
Sexual harassment claims are on the rise, in the wake of the #MeToo social media movement. Some alleged harassers are fighting back, arguing that the accusations do...
Workers who sue for harassment must still provide evidence that the motivation for the touching was somehow related to sex and not just part of a pattern of nonsexual...
