Employment laws can be complex. Dozens of federal, state and local laws set standards for how employers must treat employees and handle employment matters. To make matters even more challenging, these laws change frequently and vary significantly from state to state. Accordingly, conscientious, well-intentioned employers can run the risk of legal claims despite their best efforts.
In this first (of three) installments, I will discuss two common mistakes that Pennsylvania employers often make (with nos. 3-10 to come in Parts 2 and 3):
This phase may not mean what you think it means. Contrary to what many employers think, employers in Pennsylvania (a so-called “at-will state”) do not have a blanket legal right to terminate an employee “for any reason or no reason at all.” There are, indeed, many reasons that an employer may not fire someone. These include an individual’s legally protected characteristics (such as race, national origin, religion, sex/gender, veteran status, etc.), and the exercise of rights under laws like OSHA (the federal workplace safety and health law) or the ADA (the federal law that prohibits discrimination against qualified individuals with a disability). Additionally, the specific provisions of employment agreements or union contracts may limit when, how or subject to what procedures an employer may terminate an employee. Lastly, Pennsylvania employers may not fire employees for reasons that...
Cybersecurity Maturity Model Certification (CMMC) self-attestation can create False Claims Act (FCA) exposure when annual compliance affirmations lack supporting evidence. Understanding how to supp...