The employment relationship is highly regulated. Dozens of federal, state and local laws set standards for how employers must treat employees and handle employment matters. These laws change frequently and vary significantly from state to state. Accordingly, legal compliance isn’t easy and even conscientious and well-intentioned employers can run the risk of legal claims.
In this installment (the 2nd of 3), I will discuss three common misstates that Pennsylvania employers often make. (Please see our first article for Part 1 and look for Part 3 in our next edition in April.)
Picking up where I left off in Part 1 (which discussed the myth of “at-will” employment and the three-steps to take to mitigate legal risks when terminating someone’s employment), many employers don’t realize that what they do after the termination can create legal issues. For example, employers can face legal claims if they talk about departed employees to others – both inside or outside the organization. This can happen in two ways.
First, employees often bring defamation claims if they believe that their past employer is speaking to others (like a former co-worker or a prospective employer) in a way that puts them in a bad light or costs them a job offer. An employer that feels the need to explain the ex-employee’s absence to curious co-workers or customers are particularly susceptible. Some employers underestimate the continued contact that former employees continue...
The Justice Department has fired back at the Southern Poverty Law Center after it filed an injunction against Acting Attorney General Todd Blanche for saying the group didn’t share information from...