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Employment Law

What testing can we do if we suspect employee drug abuse?

12/04/2008

Q. Our company has random drug testing. Can we send an employee to be tested for suspicion of drug use?

When a collection company calls, may we disclose employee medical info?

12/04/2008

Q. May an employer provide an employee’s medical information to a collection company?

Investigate thoroughly before settling bias suit

12/04/2008

Settling with an employee who has filed a discrimination lawsuit? If the EEOC gets involved, it can continue the case on its own—and may be able to get a court to order you to take corrective measures that go far beyond your settlement terms. That’s one good reason to conduct your own thorough investigation before you settle with the employee.

Temporary disability leave over? Carefully handle employee’s return to work

12/04/2008

An employee who has been on temporary disability leave and whose leave is about to expire may be eligible for reasonable accommodations under the ADA. A smart employer will try to ease the return process by proposing a solid return date to the employee and inviting him to contact the company with any questions or concerns.

Good manners prevent needless negligent-supervision lawsuits

12/04/2008

Employers are responsible for the way their employees behave. Threatening behavior toward fellow employees or customers that causes emotional or physical harm can lead to a negligent-supervision lawsuit.

At-will employment remains alive and well in Pennsylvania

12/04/2008

Employees and their lawyers are always trying to find new ways to expand the claims they can make against employers. They try novel approaches to try to sweeten the recovery pot, as the following case shows.

Temp tests Woody Allen’s 80% theory and fails

12/04/2008

Maybe Craig Whirlow, a temp agency employee from Connellsville, is a con man. Maybe he’s just a world-class slacker. Or maybe he’s a fan of comedian and director Woody Allen, who once famously observed, “Eighty percent of success is showing up.”

Court, treading a fine line, finds bishop innocent of fraud

12/04/2008

It was a case about as welcome as the lawsuit against Santa Claus in “Miracle on 34th Street.” Judge Joseph Smyth of the Montgomery County Court of Common Pleas, only reluctantly agreed to hear a lawsuit brought by a priest against the Episcopal Church bishop who defrocked him.

UPS driver sues over dreads

12/04/2008

Nieland Bynoe was hired as a driver for UPS Freight in 2007. He hadn’t even made it through orientation, however, before he was fired for refusing to shave his beard and cut off his dreadlocks … The EEOC has sued on his behalf.

CAIR reports increase in religious discrimination complaints

12/04/2008

The Council on American-Islamic Relations (CAIR) reports that bias complaints by Muslim workers increased by 18% in 2007, reaching a record 452 cases.