Pennsylvania is an at-will employment state like most other states. This means that an employer or employee may terminate the employment relationship at any time in most situations. However, there are exceptions to this rule, including the following:
Existence of a Contract
If the employee has a contract, he or is not considered an at-will employee and can only be terminated based on the language and procedures included in the contract. Pennsylvania also recognizes implied contracts based on clear oral promises or statements in an employee handbook or other documents that provide job security.
Pennsylvania courts can find wrongful termination occurred when the termination was in violation of state or federal laws such as discrimination laws. If an employer fires someone because of his or her race, color, national origin, sex or religion, wrongful termination laws may apply.
Pennsylvania courts can find wrongful termination occurred when the firing is against public policy. For example, if the employer retaliated against the employee for exercising a legal right, such as filing a workers' compensation claim or availing himself or herself of the EEOC process. Termination based on these events can be considered wrongful discharge.
Mediating ADA Claims
Disabled applicants and employees have certain rights that employers must respect. Rather than marching toward expensive litigation, employers and employees may be able to resolve their problems through the collaborative process of mediation.
What Mediation Is
Mediation is an informal process in which a trained, third-party neutral facilitates communication between parties involved in a legal dispute. In ADA cases, the goal is to help the parties reach a negotiated resolution when the employee or applicant alleges discriminatory conduct or noncompliance with the ADA. The mediator’s role is to act as a facilitator and not as a decision maker. The parties can freely enter into a legally-binding agreement if they so choose.
Benefits of ADA Mediation
ADA mediation is confidential, so the plaintiff does not have to worry about having private medical information becoming public record. It is a collaborative process that has parties working together as partners to resolve a problem.
Many ADA claims are based on the employer refusing to provide a reasonable accommodation. The parties may consider creative solutions to accommodate a disabled worker, such as acquiring new equipment, providing flextime, providing services, making changes to the work environment or adopting a new business practice.
Work/Life Balance Tips for 2018
As the new year rolls out, many people are focused on becoming better versions of themselves, managing their time more efficiently and being more present in the moment. Some ways to make these changes last long-term include:
After your work day, consider what worked and didn’t. Consider ways to adapt for the next days.
It is important to schedule breaks throughout your day. Whether you go grab a cup of coffee, take a quick stroll around the office or do some mediation techniques for a few minutes, carve out some time in your day to decompress. Taking breaks helps restore your energy to tackle the next task when you return to your desk.
Get a Coach
Whether you hire a fitness coach, life coach or business coach, getting a coach can make a significant difference in your life. Having someone to bounce ideas off on or to hold you accountable can provide you with important motivation.
Divorce and Family Law Legal Attorneys
When Family Law Challenges Demand Effective Solutions
Surefire Ways to Boost Health this Winter
Try some of the following ways to boost your health this winter:
Join a New Club
Studies have shown that people with larger (real) social networks tend to be healthier and experience less stress. Start a book group, prowl websites for local groups or cultivate a group hobby.
Clean the Air
Cold weather will keep more people indoors, so this increases the importance of improving the indoor air quality. Consider in investing in an air treatment system with a HEPA filter or air purifier. These systems may remove particulates like dust, pollen, smoke and pet dander. They may also kill airborne pathogens and bacteria.
Don’t Use the Communal Item
Offices and doctors’ offices are common areas to get cold and flu germs due to the distribution and use of communal pens like pens or magazines.
Humor can create a positive effect on your overall health. Some benefits of adding humor and laughter to your day may include: