Articles Posted in Pennsylvania

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Image by DigitalShards from Pixabay

I’ve talked a fair amount recently about retaliation claims (here and here), mostly focusing on timing as the possible link between a protected activity (such as a complaint of discrimination) and an adverse employment action (like a firing).

The plaintiffs in those cases were unsuccessful in proving retaliation. And, in the case about which I’m blogging today, the employer almost prevailed on summary judgment too.

Almost. Continue reading

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Image Credit: Pixabay.com (https://pixabay.com/vectors/resume-unemployed-job-unemployment-2163673/)

Company A and Company B work together from time to time on certain projects. Both companies have invested a lot of time, money, and other resources into their respective workforces and do not want to risk employees switching companies. So, they enter into a no-hire or no-poach agreement; e.g., a ‘contract’ between two businesses where they agree not to hire the others’ employees during their business relationship and for some time after it ends.

Is that legal? Continue reading

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By ZuzuOwn work, CC BY-SA 3.0, Link

I’m typing this post in Las Vegas at the 2019 SHRM Annual Conference and Exposition. Several years ago, the intersection employee use of social media and HR compliance spawned several sessions on the topic. I should know; I delivered many of them.

In 2019 however, that topic seems played out.

But, make no mistake about it, employee abuse of social media is still a big problem for many workplaces in the United States. Continue reading

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Image Credit: Pixabay.com

Yesterday, I was reading this case about a woman who was fired while taking leave under the Family and Medical Leave Act. She later sued, claiming FMLA interference; i.e., that her employer had denied her FMLA benefits to which she was otherwise entitled.

An employee fired while on FMLA leave is usually a recipe for trouble for the employer.

But not this time. Continue reading

1976 Sally Field & Joanne Woodward

Lorimar Productions/NBC [Public domain], via Wikimedia Commons

In 1976, Sally Field played Sybil in the eponymous TV movie. Sybil was a teacher who suffered a breakdown in front of her students, only to be diagnosed with dissociative identity disorder. Throughout the movie, Sybil exhibits multiple personalities — 16 in all.

Some may even consider Sybil to be ‘crazy.’

Or at least someone with a mental impairment that substantially limits one or more major life activities a/k/a a disability. Continue reading

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Image Credit: Pixabay.com (https://pixabay.com/vectors/resume-unemployed-job-unemployment-2163673/)

In most states, non-competition agreements between an employer and employee are legal, as long as there is some form of consideration (like money) to support them.

But, what about a no-hire or no-poach agreement; e.g., a ‘contract’ between two businesses where one (or both) agrees not to hire the others’ employees during their business relationship and for some time after it ends?

That must be legal too, right?

Probably not. Continue reading

“Doing What’s Right – Not Just What’s Legal”