Below is a review of the posts (on Facebook, LinkedIn, and Twitter) from the past week. You can check out the full posts by clicking on the links.
In the post on Sunday 6/30/19 we saw that Scribe-X Northwest is to pay $80,000 to settle EEOC a pregnancy discrimination lawsuit. Let’s start with saying that as a medical documentation service, the employer should know better. So what happened? Brittany, all of 28 years old, applied on-line for a position. The employer made her an offer and all pre-hire screens were completed. Brittany mentioned she was pregnant and the employment offer was withdrawn (by whom you ask? See the post). Then the employer dug a deeper hole by what the person also told Brittany (again in the post). So in the end the EEOC ended up filing suit and the case has settled. Brittany will get $80K for emotional distress and lost wages; the employer must take the other steps noted in the post.
TAKEAWAY: Treating an employee any differently due to pregnancy is a no-no; just don’t do it.
The post on Monday 7/1/19 taught us about firing an employee without triggering a lawsuit. So important. Job terminations will happen – so learn how to do it and minimize the chances of a suit (no you can’t guaranty there will be no suit). First and foremost in Pennsylvania is that unless there is a writing between the parties to the contrary, employment is at will. That means the employee can quit at any time, with no reason and no notice, and the employer can fire the person at any time with no notice and for no reason – as long as it is not for an illegal reason such as those in the post. But if there is a policy requiring progressive discipline or some step prior to termination, then the policy should be followed; do it as written and as noted in the post. Timing of the termination can also be important. Some tips on timing are in the post (caution: if you intend to offer a severance agreement of any type, make sure an employment lawyer has vetted it first). The post also mentions circumstances where there is valid reason to terminate immediately.
TAKEAWAY: Know your rights and obligations relative to the employment relationship and consult an employment lawyer if you want to make sure you are protected.
The post on Tuesday 7/2/19 noted that workers on FMLA leave have no right to be ‘left alone’. Yep. Here, an employee was fired 6 days prior to expiration of her FMLA leave and lost her suit. Let’s look at what happened. She began a business in competition with the employer and took other steps noted in the post. The employer learned of all of that while she was on FMLA leave and asked for an explanation. She did not explain and was fired. Why the court (which is precedential in PA) ruled in favor of the employer is in the post and provides a map for how employers can proceed relative to FMLA leave.
TAKEAWAY: Before contacting an employee who is out on FMLA leave, make sure the purpose of the communication is legal and does not interfere with any FMLA rights.
The post on Wednesday 7/3/19 asked: Can an Association install security cameras in common areas? The answer can depend on applicable law as well as the community’s Governing Documents. If cameras are only recording common areas, the answer is probably yes. However, there might be caveats as in the post. There might also be the question of who can approve it: Board or owners. See the post and the Governing Documents.
TAKEAWAY: there is usually no expectation of privacy in common areas, but there might be competing legal concerns; the best way to proceed relative to cameras is to consult a community association lawyer.
The posts on Thursday 7/4/19, here and here, were simple and to the point.
TAKEAWAY: Hope you enjoyed the celebration!
The post on Friday 7/5/19 was about handbooks/manuals and confidentiality: is it legal? This is something that came from the NLRB but, due to all employees’ rights, union or not, it is important to you. So the question is whether you can require employees to keep the contents of your handbooks confidential. The NLRB’s General Counsel said no. The reasons are in the post. There is, however, a caveat that might come into play – it too is in the post.
TAKEAWAY: While handbooks and manuals are not employment contracts, they DO have legal implications; have them vetted by an employment lawyer to keep you on the safe side of legal.
Finally, in the post yesterday 7/6/19 we learned about workplace legal FAQs: social media, the FMLA and animals. A lot of ground was covered! First up, social media and whether an employee who posted on-line negative comments about the employer be disciplined or discharged. Yes the employee has First Amendment protection, as well as Section 7 protections under the NLRA (regardless of the union status of the employer), but of course the employer also is allowed to have certain expectations of its employees’ behavior. This is an open item at the NLRB right now, so consult an employment lawyer and consider taking the steps in the post. Next up is whether an employer can terminate someone who does not return from FMLA leave. This is fact-dependent; start with the FMLA, look at the ADA when necessary (which is often), and consult counsel. Some of the considerations are in the post. A question about animals in the workplace is also dealt with in the post, so check it out. You can also look back at our recent posts, here and here, on that topic.
TAKEAWAY: Questions often arise in the workplace that require good knowledge of applicable law(s) and the relevant facts – while you don’t have to consult an attorney with every question, it is not a bad idea when there might be large legal ramifications for an incorrect answer.
York, Pennsylvania 17403