Hey all! As I promised last night on Twitter, I’ve got nothing left in the tank for this blog post after watching my beloved Bruins defeat the hated Habs in overtime of Game 7 last night. So, I’ll keep this short and sweet. After the jump, I answer a question…
Articles Posted in Pennsylvania
Woman fired for fighting at a cheese plant wins bias claim
I can’t make this stuff up if I tried. The Associated Press reports that the Pennsylvania Human Relations Commissions has ordered a local employer to pay $38,700 in back pay and interest to a female employee it fired for fighting at a cheese-making plant. According to the report, Rosalind Brown…
Misclassifying an employee may void a non-compete agreement
In an unpublished opinion, the Third Circuit Court of Appeals denied a Pennsylvania company’s attempt to enjoin a former employee, who had entered into several restrictive covenants with the company, to compete directly against the company and solicit its customers. What did this employer do wrong and how can you…
4 Free Social Media Q&A Sessions for Proactive Employers
On four Thursdays in March and April (3/17, 3/24, 3/31, 4/7), I am hosting a free breakfast in Philadelphia, PA for all of my readers. With your bagel and schmear, I throw in four all-star panels of lawyers and industry professionals who will offer up their social media best practices…
Can an employer legally refuse to hire a smoker?
Keeping with this week’s smoking theme, I see that the The New York Times recently ran a story discussing how some employers are refusing to hire smokers. The article warns, ““Smokers now face another risk from their habit: it could cost them a shot at a job.” But is this…
PA employee sleeps on the job and still collects unemployment
Hi there, Pennsylvania employers. Do you have employees that remind you of the sleeping gentleman in the picture to the right? After the jump, read about a local employee who was fired after getting caught sleeping on the job four times, and still successfully obtained unemployment compensation benefits! The case…
PA: Misclassify an independent contractor and go to jail
Do I have your attention now? Early next year, the Construction Workplace Misclassification Act goes into effect. Signed in October, 2010, this legislation provides criteria for classifying a person as an independent contractor (versus an employee) in the construction industry. If you operate a business in the construction industry, you…
Hi, PA, NJ, and DE employers. Meet GINA.
Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits genetic information discrimination in employment, took effect on November 21, 2009. Nearly a year later, the EEOC published the final GINA regulations. How does this law affect employers? I’ll break it down for you after the jump.…
Fired employee gets re-hired after raising discrimination claims
Religious discrimination claims are skyrocketing. A supervisor at a local shoe store didn’t get the memo. Guess how that turned for him…
How enforceable is a non-solicit agreement after you fire an employee?
To answer your question, it depends. And in Pennsylvania, there are a lot of factors that a court will consider, based on a recent case decided by the Pennsylvania Superior Court. But, unlike many prior Pennsylvania decisions that deal with the enforceability of a non-competition agreement after an employee is…