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Articles Posted in Hiring & Firing

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Good luck overcoming the at-will employment presumption in PA

In Pennsylvania, as in most states, an employee without a contract for a specific term of employment is deemed an at-will employee. Subject to certain exceptions (e.g., discrimination, violations of public policy), an at-will employee can be terminated for any reason or no reason at all. How hard is it…

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3 tips to guide a social-media check on your potential new hire

According to this recent SHRM survey, only 18% of companies have used social media to screen job candidates. Most cite the legal risks of screening candidates as the reason for not implementing a social-media background check. While a social-media background check may not be useful in certain instances, I can…

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POLL: Would you fire this employee for her Facebook comments?

I read this on ZDnet yesterday: Administrative Law Judge Ellen Bass has ruled Jennifer O’Brien, a first-grade teacher at School 21 in Paterson, New Jersey, should lose her tenured job, because of a Facebook comment she made about her students. O’Brien has been on administrative leave since March, which is…

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Welcome to the Employment Law Blog Carnival: Jukebox edition!

The Employment Law Blog Carnival has finally rolled into town. What is a blog carnival? It is a collection of links on a particular topic — here, employment law — that bloggers have submitted to me, which I then arrange around a particular theme. For this edition of the Carnival,…

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Fact or Fiction: WARN applies to parents and affiliates

Welcome back to “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post”. As you know, if you read yesterday’s post, the Worker Adjustment and Retraining Notification Act (WARN), a federal law, protects workers by requiring most employers with…