In a recent opinion, the Pennsylvania Superior Court upheld a judgment in favor of a healthcare employee that alleged wrongful termination of employment following her repeated refusal to work mandatory overtime. The judgment included damages of $121,869.93 and an order reinstating the employee to her former position. The Court’s opinion focused on the question of

According to a recent announcement by the Office of UC Service Centers, employers in Pennsylvania can expect that telephone calls will now be part of the state’s fact-finding process in connection with initial eligibility determinations for unemployment compensation benefits.

In the past, when a former employee filed a claim for UC benefits, the employer received

The Pennsylvania Supreme Court recently re-affirmed the principle that in order to have an enforceable non-compete agreement in Pennsylvania, the agreement must be supported by adequate consideration and that a statement merely agreeing to be “legally bound” doesn’t meet that requirement. The Court ruled against a waterproofing company hoping to enforce a non-compete agreement against

No, we’re not talking about the skit performed by the McNees Players at our recent Labor and Employment Seminar. In a recent case out of a Pennsylvania federal court, an employee alleged that she suffered from a fragrance allergy and “multiple chemical sensitivity” to fragrant chemicals, perfumes and scented lotions, which impacted her in several

Pennsylvania employers can achieve positive results and realize other important gains by wisely and effectively responding to, and when appropriate, contesting unemployment compensation claims. This post is Part 3 of a 3 part series on handling UC claims and addresses best practices for appealing to the Unemployment Compensation Board of Review/Commonwealth Court, when to involve legal counsel, and mandatory electronic filings of UC quarterly reports.
Continue Reading Best Practices for Handling Unemployment Compensation Claims Part 3: Appeals, Legal Counsel, & Quarterly Reports

Pennsylvania employers can achieve positive results and realize other important gains by wisely and effectively responding to, and when appropriate, contesting unemployment compensation claims. This post is Part 2 of a 3 part series on handling UC claims and addresses best practices for preparing for and participating in a Referee’s Hearing.
Continue Reading Best Practices for Handling Unemployment Compensation Claims Part 2: The Referee’s Hearing

Pennsylvania employers can achieve positive results and realize other important gains by wisely and effectively responding to, and when appropriate, contesting unemployment compensation claims. This post is Part 1 of a 3 part series on handling UC claims and addresses best practices for responding to the initial UC claim.
Continue Reading Best Practices for Handling Unemployment Compensation Claims Part 1: Responding to the Initial UC Claim and Appealing the Initial Determination

In a recent decision, the Commonwealth Court considered a part-time employee’s eligibility for unemployment compensation benefits after she was fired for disregarding her employer’s prior directive to not work past the end of her shift after punching out–and upheld the award of benefits!
Continue Reading Employee Fired for Working Additional Hours Eligible for UC Benefits Despite Prior Warning

As we noted earlier this year, the EEOC has begun filing legal challenges to relatively common provisions found in form severance agreements, based on the EEOC’s belief that such language unlawfully interferes with employees’ rights to file charges with and provide information to it. Last week, the EEOC’s attack on severance agreements was dealt a blow.
Continue Reading EEOC’s Attack On Severance Agreements Dealt Blow

This case demonstrates not only that clear and effective employment policies can be crucial to supporting employment decisions, but also that preparing in advance for responding to claims and participating in administrative proceedings will afford employers the best opportunity to successfully challenge non-qualifying UC claims. The employer was successful in this case because it presented relevant witness testimony and policies at the hearing. Employers can control overall unemployment compensation costs, send the right message, and maintain the integrity of its workplace policies and standards of conduct by challenging UC claims when warranted and sufficiently preparing in advance when responding to claims and participating in UC proceedings.
Continue Reading Long-Term Employee Ineligible for UC Benefits for Violating Workplace Conduct Policies