How Should Employees Return to the Workplace During the COVID-19 Pandemic?

By ,

covid-19

Employers who need employees to return to the workplace during the COVID-19 pandemic must have a solid plan in place to ensure safe and compliant workplaces. This plan should take into consideration the guidelines issued by various regulatory agencies, including the Centers for Disease Control and Prevention (“CDC”) and the Occupational Safety and Health Administration (“OSHA”). As regulations and guidelines change, employers must continue to remain compliant. Working with lawyers who fully know and understand compliance guidelines can help employers make a smooth, safe, and lawful return to work.

How Should Employers Develop a Return to the Workplace Plan?

The best way to start developing a plan is to become familiar with the guidelines, laws, and regulations that have been issued by health agencies and other governing bodies. Topics include the following:

  • OSHA guidelines pertaining to the three phases of reopening
  • CDC guidance on identifying potential exposure to COVID-19 and how to eliminate or lessen exposure
  • Medical monitoring of employees and employee self-reporting of health conditions
  • Confidentiality guidelines
  • Employer and employee rights
  • Safety protocols for visitors, guests, vendors, and job applicants

Another good strategy is to hire an employment lawyer to navigate the sheer volume of requirements and information available. A lawyer can also help employers make a compliant and safe transition back to the workplace.

What Should Employers Include in a Return to Work Plan?

At the minimum, a return to work plan should include the following three phases:

  • Telework accommodations, reduced business travel, and limited in-office work
  • Increased in-office personnel, increase in business travel
  • Unrestricted staffing at workplaces and work sites

Each phase of the plan must address these issues:

  • How to prevent, monitor, and respond to individual cases or a resurgence of COVID-19 in the workplace or community
  • Specific guidelines for hygiene, including mask wearing, handwashing, temperature monitoring, disinfecting, and cleaning the workplace
  • Social distancing plans and how to physically configure the workplace to comply with social distancing
  • Establishing and communicating new policies and procedures on employee travel, employee gatherings, and use of employer facilities, such as break rooms, restrooms, fitness centers, and meeting rooms
  • How to monitor employee health and isolate sick employees
  • Implementing sick leave or other policies to increase flexibility and reduce concerns during the pandemic
  • How to train employees on hygiene and new policies and procedures as a result of compliance with guidelines
  • Educating employees on how to stay safe and healthy outside of work, offering free resources to employees, including masks, hand sanitizer, and information
  • Ongoing workplace hazard assessment to reduce potential areas where the virus can live or spread
  • Clear guidelines for responding to employee concerns, OSHA complaints, and lawsuits

A good first step is to contact an employment lawyer who can counsel on the most appropriate, current, and legal resources available to a business or company.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Businesses Lawfully Reopen and Return to Work

If your company needs direction with its plan to reopen successfully and legally, reach out to the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. Our knowledgeable and dedicated attorneys know the COVID-19 guidelines, laws, and regulations issued by regulatory authorities. Fill out our online contact form or call us at 215-574-0600 today for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

  Category: Employment, Employment Law
  Comments: Comments Off on How Should Employees Return to the Workplace During the COVID-19 Pandemic?
  Other posts by

What is the Pregnant Workers Fairness Act?

By ,

pregnancy

The Pregnant Workers Fairness Act (“PWFA”) was recently passed in the U.S. House of Representatives. The legislation largely follows the guidelines set forth by the Americans with Disabilities Act (“ADA”). The PWFA, however, will go a step further in protecting pregnant women in the workplace if it is signed into law. It will also specify exactly what businesses must do to comply. Under the PWFA, anyone who is pregnant qualifies. The law is specific so that employers cannot avoid the issue of pregnancy. It ensures a pregnant worker is covered by the law even if they cannot perform an essential function of their job position, as long as the inability:

  • Is strictly temporary and caused by pregnancy;
  • Could be performed in the near future; and
  • Can be reasonably accommodated.

There is no language about undue hardship laid on the business. A business is not supposed to give preferential treatment to a pregnant woman, but it cannot tell her that her accommodations are unnecessary because they are more costly or time consuming than those provided to other disabled workers. The law simply hopes to clarify what employers must do when a woman requires accommodations during pregnancy alone.

Examples of Reasonable Accommodations Under the PWFA

The PWFA allows for reasonable accommodations that any normal person would see as fair. Some examples include the following:

  • Extra time for bathroom breaks
  • More water breaks
  • Reassignment of tasks requiring heavy lifting
  • A more comfortable chair in which to sit

Because most of these accommodations are simple, the employer and the employee must determine the best course of action. A business cannot reject requests for accommodations, and a pregnant woman cannot expect the business to know precisely what she needs without speaking to a supervisor first.

How are Workers Compensated Under the PWFA?

If a case for discrimination should arise under the PWFA, it would be met with an investigation by the Equal Employment Opportunity Commission (“EEOC”). Even though the EEOC will act as the administrative agency for the law, a lawsuit may be filed against the employer for negligence that could result in a judgment, including non-economic damages, punitive damages, and legal fees.

Pregnant women who experience retaliation or lose their jobs entirely could also sue for back pay if they were terminated, their hours were reduced, they were demoted, or their future earning potential was impacted. Even though women have legal recourse if they experienced discrimination, the law also allows employers to show that they made a good-faith effort to accommodate their employees. Although the law wants to protect pregnant women, it does not allow for unreasonable demands on the part of an employee.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Assist Pregnant Women Suffering from Discrimination at Work

Speak to the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. when you have questions about your treatment at work, especially when you are pregnant and have possible new protections under the PWFA. Our attorneys are highly experienced in all areas of the law dealing with employer-employee relationships. We create litigation strategies to support our clients’ concerns and goals. Fill out our online contact form or call us at 215-574-0600 today for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

  Category: Discrimination
  Comments: Comments Off on What is the Pregnant Workers Fairness Act?
  Other posts by

Are Business Losses Due to COVID-19 Covered Under Business Interruption Insurance?

By ,

closed covid-19

Many businesses have been forced to close during the pandemic. Restaurants, bars, gyms, and summer camps are just some of the businesses that have recently been seeking insurance coverage for their pandemic-related business interruptions. However, as coverage is typically dependent upon direct physical damage, most of these claims have been thrown out of court. Despite consistent rulings in favor of insurance companies, businesses continue to file claims for interruption and canceled events due to COVID-19.

What is Business Interruption Insurance?

Business interruption insurance replaces lost income that a business suffers after a covered loss. It is typically purchased by companies with a physical location that serves customers and is added on to their property insurance policy. If the business should lose income due to a fire or natural disaster, business interruption insurance can replace any income or business losses. Business interruption insurance does not cover flood or earthquake damage, utilities, broken items, or any undocumented income. Rather, this type of insurance only helps businesses cover operating expenses, such as:

  • Revenue
  • Mortgage, rent, or lease payments
  • Loan payments
  • Taxes
  • Payroll
  • Relocation costs

Although insurance policies differ regarding terms, most include some type of language stating that there must be direct physical damage in order for business interruption claims to be paid out. Therefore, if a hurricane blew away a roof or a fire burned down inventory, business interruption insurance would provide coverage. However, what if there was no physical damage, as is the case with many businesses affected by COVID-19? Business owners seeking legal relief are discovering that when it comes to lost income due to the pandemic, they may be left to their own devices.

What About Pandemic-Related Losses?

A professor at the University of Pennsylvania notes that currently, there are approximately 700 coverage lawsuits brought by businesses seeking coverage for pandemic-related business interruptions. This exceeds the normal number of claims for natural catastrophes by two or three times and is more than the number of case filings for hurricanes Sandy, Irma, and Harvey put together.

So far, this widespread need is not being met; courts in California, Michigan, and the District of Columbia have sided with insurers, leaving businesses without coverage for their losses. This is because most policies require direct physical loss or damage to property for coverage to apply. COVID-19 causes no tangible property damage and therefore does not form the basis of a valid claim.

Insurance companies claim they do not have enough funds to cover all pandemic-related claims and that their policies were not meant to cover losses outside of direct physical damage. However, it remains to be seen whether they will be compelled to do so as policyholders continue to file business interruption claims, attempting to convince the courts to construe ambiguous language in their favor.

Philadelphia Business Litigation Lawyers at Sidkoff, Pincus & Green P.C. Help Business Owners Recover Pandemic-Related Losses

If your business suffered losses due to the pandemic, contact a Philadelphia business litigation lawyer at Sidkoff, Pincus & Green P.C. Our knowledgeable and dedicated attorneys pride themselves on staying abreast of all developments in business law and will fight to obtain the benefits to which you are entitled. Contact us online or call us at 215-574-0600 for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

Does My Employer Have to Share If a Co-Worker has COVID?

By ,

corona virus

The Coronavirus (COVID-19) has caused confusion among companies, and employees are unsure about what information they need to share with their employer and what can stay private. COVID-19 is a very serious illness that can cause death, specifically in the elderly and those who have underlying conditions. To keep the virus under control, many businesses and government officials are urging employees to tell their employer if they contracted COVID-19. If a case is publically known, workers can be more wary of symptoms and health precautions in the workplace.

This pandemic has been difficult to control, and confusion still arises over the proper protocols to keep people safe. To help minimize exposure and potential risk, workers who do not feel good or have tested positive for the virus should stay home and report their situation to their immediate supervisors. Although it is recommended for an employee to tell their employer if they have COVID-19, it is not legally required. However, employers are expected to tell their employees if they have been in contact with someone who has the virus at work, but there is no specific rule on notifying employees in the workplace.

The Centers for Disease Control and Prevention (CDC) outlines ways to notify employees of a specific case and what to do when in contact with that person. Unfortunately, it is not necessary for an employer to name the specific worker who has been infected. The infected employee is protected by health privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) and the Americans with Disabilities Act (ADA). Employers have to report the infected employee to the Occupational Safety and Health Administration (OSHA).

Being an essential worker during the pandemic is a very challenging and stressful job. Now that more stores and companies are opening back up, it is up to essential workers to keep supplying our country with health services, food, and other necessities. These workers are putting their lives on the line to help others. To make their lives a bit easier, employers should encourage the sharing of information between workers to help control the spread of the virus and keep everyone safe. Although it is not legally required, it could benefit every worker if they know about a confirmed case in the workplace.

Maintaining Safe Work Environments

If a co-worker tested positive for COVID-19, it is important to maintain proper safety protocols to keep everyone else at the company from infection. Always remember to wear a mask, wash hands for 20 seconds, wear gloves when touching public amenities, and keep each workplace clean. To alleviate stress, employers should be actively checking in on their employees and providing them with enough personal protective equipment to keep them safe and healthy while at work. Employers can maintain confidentiality between co-workers, but it is recommended to inform workers of a positive case or outbreak.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Employees and Employers During the Pandemic

If you have been discriminated against or treated unfairly in the workplace due to a COVID-19 diagnosis, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. for legal help. Our dedicated and skilled attorneys are determined to protect your rights and help you receive maximum compensation. Contact us online or call us at 215-574-0600 for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

Small Business Fraud Discovered During Pandemic

By ,

fraud

Due to the Coronavirus pandemic and to address the financial fallout experienced by many small business owners, the federal government instituted the Paycheck Protection Program. This program is part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act that was initiated in March to prevent further unemployment and ease the financial burden faced by many small business owners throughout the nation.

The program sought to prevent unemployment by allowing applicants’ loans to be forgiven if they were used to cover payroll and other specified expenses related to the pandemic. The program meant to support small businesses was exploited by several people who lied about having legitimate businesses and instead used the money for luxury items. Several of the loans were disbursed to large, publicly traded companies and financial firms instead of small businesses that truly needed it.

Program Offerings

The program allowed small businesses to borrow up to 2.5 times their monthly average payroll costs. The loan could be forgiven in full if the small business owner retained employees for at least eight weeks after the loan was procured. Small business owners could also put a portion of the loan toward rent, utilities, and other specified expenses. The program’s loan administration was outsourced to the Small Business Administration (SBA) and a network of banks nationwide. Due to the high demand for loans, the SBA and banks involved were overwhelmed with having to administer 10 times the volume of loans they were used to.

Issues Discovered in the Program

Lack of a definition of what constituted a small business in order to be eligible for the program led to many large businesses partaking in the loans, even if they were able to withstand the financial stress of the pandemic. This limited the funds available to small business owners who truly needed them.

Banks were also uncertain about how the loans should be distributed and how they would be forgiven. Because the program offered immediate loan processing, many banks could not look over paperwork and lacked the necessary documentation and materials to process the loans at the scale and demand presented. Many banks were inexperienced in administering the loans at the scale required. They had to process loans rapidly for which they were not prepared.

Criminal and Fraud Charges Waged by the Justice Department

The Justice Department has charged at least 57 people for stealing from the program. The total amount stolen is more than $175 million. These individuals and groups sought loans ranging from $30,000 to $24 million. Those accused have lied about their businesses or fraudulently claimed to use the money for purposes other than those specified by the program. Some of those who procured the loans involved criminal rings.

The Justice Department is investigating these crimes with the help of the SBA, the Treasury Department, the Internal Revenue Service (IRS), and the United States Postal Service (USPS). They recovered and froze more than $30 million from those who violated the program or acted fraudulently.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Business Owners Affected by the Pandemic

If your business is being accused of not using SBA loan funds appropriately, contact the Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. We specialize in compliance matters and can help you navigate federal and state regulations and policies affecting business owners. For more information, contact us online or call us at 215-574-0600 for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

Common Types of Business Lawsuits

By ,

lawsuit

According to the Small Business Administration (“SBA”), up to one-half of all businesses are likely to be sued in any given year and practically all businesses are the subject of a lawsuit at some point during their existence. Lawsuits can be very costly on several levels, especially to small business owners. Litigation can cause both emotional and financial hardship. It may also force a business to change the way it operates. Business owners can save time and money, and potentially avoid lawsuits, by becoming familiar with the types of business lawsuits and reaching out to a qualified attorney if they become the target of litigation. The SBA groups business lawsuits into the following categories:

  • Employee
  • Customer
  • Business-specific

Some lawsuits do not fit neatly into these categories, such as personal injury claims arising from auto accidents. When an employee gets into an accident while driving a company vehicle, a commercial auto insurance policy will likely cover the costs.

Lawsuits Filed by Employees

Lawsuits filed by employees can be expensive and oftentimes command attention from the press. In one 15-year period alone, Merrill Lynch paid nearly half a billion dollars to settle sexual harassment and racial discrimination claims. Lawsuits filed by employees may include the following:

  • Claims of discrimination due to age, race, sex, religion, gender identity, or disability
  • Harassment claims, including bullying and sexual harassment
  • Whistleblower claims
  • Wrongful termination
  • Breach of contract
  • Minimum wage complaints, denial of overtime pay, or other complaints involving misclassification

Many employee lawsuits can be avoided by hiring a qualified employment lawyer to assist in drafting policies and employee handbooks, as well as reviewing employee contracts. Employers can also take steps to create a company culture that does not enable sexual harassment in the workplace.

Lawsuits Filed by Customers

Lawsuits filed by customers tend to fall into three categories: premises liability, discrimination, and customer satisfaction. Premises liability lawsuits include slip-and-fall accidents, such as when a customer in a grocery store slips on a wet floor and sustains an injury. Premises liability lawsuits may also involve situations in which the business failed to provide adequate lighting, security cameras, or locks, which resulted in an injury sustained by a customer or other third party. If a business refuses to provide service to a customer because of their sexual orientation, race, religion, gender, or disability, that business may be the target of a discrimination lawsuit.

Customer satisfaction lawsuits typically focus on consumer rights. Customers may allege that they did not get what they paid for, or that the business violated the Fair Credit Reporting Act (“FCRA”) or other consumer-related regulation. In general, a small business may be able to avoid customer satisfaction litigation by reimbursing the customer for the product in question or providing additional services at no charge. In most cases, it costs business owners less to satisfy the customer rather than proceed with litigation, even if they know they customer may be wrong.

Lawsuits Involving Other Businesses

Suppliers, vendors, and competing businesses may file lawsuits involving breach of contract or intellectual property rights. Breach of contract essentially means that the business failed to adhere to the terms of the contact they signed. According to the SBA, approximately one-third of all litigation involving small businesses concerns breach of contract. Breach of contract may take many forms, which include the following:

  • Delivering damaged goods
  • Failing to pay for goods
  • Failing to deliver goods
  • Revealing trade secrets

Issues involving intellectual property rights may also arise with competing businesses. Another firm may claim that their company’s logo, image, or slogan was copied. Within the high-tech industry, lawsuits involving trade secrets are not uncommon.

Cost of Business Lawsuits

According to the SBA, legal costs for small businesses typically range around $10,000 but can easily exceed $150,000. Large companies may pay higher fees. However, the real cost to small businesses is the emotional hardship and upheaval caused to their future operations. Seeking the advice of skilled legal counsel can help businesses avoid these catastrophes.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Business Owners Facing Litigation

If you are a business owner facing a lawsuit, the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. are always available to advise your business regarding the best course of action when you face legal challenges. We can help you stay focused on running your business while we handle your legal matters. Whether you have a pressing legal challenge now or are looking for skilled counsel to avoid lawsuits in the future, please reach out to our staff by calling 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

The COVID-19 Pandemic Is Rewriting Employment Law

By ,

employment agreement

The ongoing COVID-19 pandemic has changed many things within our communities and businesses, including the way employment law is handled. Many employers and employees are questioning what constitutes a safe workplace and what is considered wrongful termination. Attorneys have been flooded with questions regarding employment law during the pandemic and how to handle certain employment situations. Just like everyone else, attorneys are navigating this virus for the first time. Unfortunately, laws and regulations are slightly hazy in the way they should be applied.

Employment Lawsuits

The most common type of lawsuit recently filed involves remote work and leave of absences. These types of lawsuits will likely rise in numbers now that school has resumed. Many employees claim that they have been discriminated against by their employers for having to stay home with their children. Other people claim that they were not given the opportunity to work from home or were told not to take advantage of the Families First Coronavirus Response Act (“FFCRA”), which requires businesses to offer paid or extended leave in response to the virus. Some employees lost their job as a result of the need to work from home to take care of their family, which led to the government implementing the FFCRA. Unfortunately, this legislation was overlooked by many employers, and workers were fired for needing to stay home.

Returning to work has also produced legal challenges. Many employees have inquired about whether employers can require workers to get tested for COVID-19 before they return to work. Testing can be required, but the employer must pay for the time it takes to perform the test. Employers also have the right to send a worker home who shows symptoms of COVID-19, but they do not have to name those who tested positive from the workplace. The most common lawsuit when returning to work involves an unsafe work environment. A safe workplace involves providing personal protection equipment, including masks and hand sanitizer, to prevent the spread of the virus as much as possible.

Unemployment Insurance Benefits

If someone is unemployed as a result of the COVID-19 pandemic, the Federal-State Unemployment Insurance Program may be able to provide them with temporary benefits. These benefits may be provided to certain unemployed workers who are eligible. Many states have responded to the pandemic by expediting the application process and expanding eligibility to ensure that unemployed workers receive the benefits they deserve.

Teleworking

Although not a law, the government is continuing to ask employers to allow their employees to work from home, if possible. This helps contain the spread of the virus and protects workers from getting sick. Teleworking is not being mandated, but it is a precaution that each workplace should be taking. If an employee’s request to work from home was denied, they should contact an employment lawyer for more information on how the request can be approved.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Fight for Employees’ Rights During the Pandemic

If you have been unlawfully terminated or discriminated against by your employer during this difficult time, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. for help with your case. Our legal team will work with you to obtain the compensation you deserve. Fill out our online contact form or call us at 215-574-0600 today for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

  Category: Coronavirus, Employment
  Comments: Comments Off on The COVID-19 Pandemic Is Rewriting Employment Law
  Other posts by

How Can I Prevent Workplace Discrimination?

By ,

discrimination

Most employers understand that they have an obligation to provide their employees with a discrimination-free workplace. While the laws regarding discrimination may be complex, employers can readily implement important protections to avoid discriminatory practices and meet their obligations. The idea is to treat employees fairly and to provide them with unbiased access to employment and advancement.

It is in everyone’s best interests for workplaces to be free of discrimination. From the employee’s perspective, they can thrive if they are given equal opportunities to succeed at work, learn new skills, and compete for promotions. There is good reason for employers to be proactive in providing a discrimination-free workplace. Those with disabilities can contribute most effectively when provided with reasonable accommodations provided by employers. If a worker requires certain accommodations by an employer, the employer should comply.

Best practices have been developed over time and can be implemented in businesses of all sizes. In general, employment decisions, including hiring, firing, and promoting employees, should be based on objective criteria. Work assignments, access to training and education, and opportunities to compete for a promotion should be provided to employees without any particular group being singled out for differential treatment. This is important to remember during the hiring process. When hiring employees, employers should be sure to avoid using the following language:

  • Gender-specific titles and descriptions;
  • If a pre-employment screening test is to be used, make sure it is administered to all candidates;
  • When interviewing, avoid asking questions that seek information on a protected status, such as age, religion, or disability; and
  • Do not ask if a person is married, pregnant, or intends to start a family.

Workplace Policies Against Discrimination

Be proactive by establishing detailed protocols, including written criteria for hiring applicants and for firing and promoting employees. Write up protocols for how employee performance will be evaluated and follow these written protocols consistently.

Having a workplace handbook on the company’s policy against discrimination is a good idea. Work with an experienced employment lawyer when developing a handbook and training materials on maintaining a discrimination-free workplace. There are nuanced differences between federal and state laws, and both should be reflected in the handbook to be used as a reference for training employees on discrimination. Handbooks should also be frequently updated and reviewed.

Provide the handbook to each new hire and every employee. Many employers place anti-discrimination policy language into their general handbook that describes benefits, attendance requirements, and the like. Ask each employee to sign a form indicating they received the handbook. The handbook can be used to develop training for all managers and employees.

A policy against discrimination should also include a complaint processing component. State how employees are to lodge a complaint and explain how they will be handled, from investigation to disciplinary action. It is also very important that employers follow up with every complaint and be consistent with discipline. Federal law requires employers to post a notice explaining the federal laws prohibiting job discrimination based on race, gender, national origin, religion, age, equal pay, disability, or genetic information.

How Can Employers Effectively Communicate with Their Employees?

Communication between employers and employees should be consistent and non-accusatory when matters of discrimination are discussed. Creating a strong employer-employee relationship is very important to prevent discrimination. If an employee does not feel comfortable with their employer, they may not follow guidelines or report any suspected discrimination.

Feedback is vital to establish an anti-discrimination environment at work. Employers should regularly ask how they can improve their anti-discrimination policies, according to federal and local laws, and if employees are experiencing any wrongdoings, such as discrimination or even sexual harassment. When employers openly communicate with employees, it reassures workers that their best interests are being protected.

During conversations, employers should be mindful about their language. If an employer suspects a worker is being discriminatory, they should not start a conversation by accusing them. Employers must take complaints seriously and evidence of discrimination should be provided. Also, disciplinary action must always be incorporated if a worker is being biased, discriminatory, or is harassing other workers. Reports and disciplinary actions must be reported to the company’s Human Resources department.

When Should an Employee Hire a Lawyer?

If an employee feels that their concerns are not being heard, even after discussing discrimination with their employer, they may consider filing a complaint with the Equal Employment Opportunity Commission (“EEOC”), an organization that enforces anti-discrimination policies and makes certain that employers are accountable for their negligent actions.

When an employee wishes to file a complaint, they must notify their employer of the complaint. A Charge of Discrimination will be filed, then the EEOC will interview the employee about their complaint. It is important that employees be thorough with their story and provide evidence of discrimination, such as emails or other forms of written conversations. The EEOC will investigate the employer and determine the next course of action. Complaints should be filed within 180 days.

During this process, it is also extremely beneficial to hire a lawyer. Filing a complaint can be difficult, especially because these matters are often sensitive. An employment lawyer will correctly file a complaint with the EEOC. A lawyer will also construct a case against an employer based on evidence that is provided by the employee. An employment lawyer will know the process and steps to complete when discrimination occurs. They will also be knowledgeable about deadlines and what to do if a case is denied. Additionally, by hiring an employment lawyer, an employer will take the discrimination complaint seriously.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Those Suffering from Workplace Discrimination

If you were discriminated against in the workplace, the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can help. We will review your case and fight for the justice you deserve. Located in Philadelphia, we serve clients throughout New Jersey and Pennsylvania. For an initial consultation, call us at 215-574-0600 or complete an online form today.

How Should Companies Terminate Remote Employees During a Pandemic?

By ,

termination letter

Before the arrival of COVID-19, more than 50 percent of employees in the United States had a job that could have been done remotely, yet less than four percent of them primarily worked from home, according to Global Workplace Analytics. Faced with lockdown mandates in March 2020, all types of businesses ordered employees to work remotely.

As a consequence, managers must now navigate the process of having to fire or lay off employees who are working from home. There are additional legal considerations when termination is not handled in person. Learning best practices for terminating remote employees during a pandemic can help employers avoid legal pitfalls and manage the process more smoothly.

General Legal Considerations

Firing or laying off a worker signals the termination of the employer-employee relationship. Whether or not the employee had a written employee contract, the employer should always document the separation with a written termination letter, prepared in advance. Wording is important, as it could be used as evidence in litigation should the termination be contested.

Although employment is generally considered at-will, employers must ensure that they are not violating Title VII of the Civil Rights Act or any other state or federal laws against discrimination when terminating a worker. Other legal matters to consider include the following:

  • Personnel file. Review documentation of all conduct and any attempts at remediation.
  • Determine what compensation is owed to the employee and whether they will be eligible for unemployment benefits.
  • Incidents that may suggest retaliation. If the employee filed a Workers’ Compensation claim or complained about questionable company practices, they may have grounds for claiming the termination is an act of retaliation.

Employers must take time to weigh these factors before termination. When in doubt, the company should consult an employment lawyer before firing or laying off an employee.

Special Considerations for Terminating Remote Employees

Terminating a remote employee requires additional planning, as the following questions will need to be addressed:

  • How will access to remote equipment and online accounts be removed? It is critical to coordinate closely with the IT department to schedule the exact time for removing a terminated employee’s online access to email and other licensed software, and to collect hardware if needed.
  • Who will communicate the decision? The employee’s direct supervisor is usually the best spokesperson to communicate the termination in person, along with a representative from human resources (HR). However, sending a Zoom meeting invitation that includes HR may give the employee advanced warning, which may undermine secure removal of access to company online resources.
  • How will the decision be communicated to other remote colleagues? Direct managers should deliver the news to their team members. It is best to keep others on mute during a group Zoom meeting.
  • How should the hardcopy termination letter be delivered? The termination letter should be sent overnight, requiring signature on delivery, to arrive the day after the news is verbally communicated to the employee via virtual means.

Managers are less able to get a true sense of the person’s reaction to termination when it happens remotely. For this reason, organizations may want to monitor public comments made by former employees after remote termination in case there is a need to respond to negative publicity.

Will Businesses Continue to Use More Remote Workers?

Global Workplace Analytics predicts that at least 25 percent of U.S workers will still be doing their jobs remotely by the end of 2021. Reasons for this change include the following:

  • Since the pandemic, managers and executives have learned to trust that remote workers are actually doing their jobs at home.
  • Cost savings. Businesses are reducing overhead by allowing employees to work from home.
  • Climate benefits. Many people noticed a reduction in traffic and air pollution in April 2020, marking another shift in an increasing awareness that working from home supports sustainability of the planet.

With a greater percentage of employees working from home, the act of terminating employees remotely instead of in-person is likely to become more commonplace. Preparing for this change can make the transition easier.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Offer Clear Guidance on Complex Legal Issues

Terminating employees who work remotely adds another layer of complexity to managing a workforce. Although planning ahead can help managers avoid most legal risks, questions may still arise. If you are facing a complex legal matter, the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. are available to review your situation and provide sound guidance to help you make better business decisions. Do not hesitate to contact us online or call 215-574-0600 to arrange an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

  Category: Discrimination
  Comments: Comments Off on How Should Companies Terminate Remote Employees During a Pandemic?
  Other posts by

Are Rideshare Drivers Eligible for Unemployment?

By ,

navigation

On July 24th, the Pennsylvania Supreme Court ruled that a rideshare driver was legally entitled to unemployment benefits, even though he was previously disqualified because he was considered self-employed. In a groundbreaking opinion, the Court held that because Uber controlled and directed the performance and services of a driver-for-hire, he was not establishing an independent business and therefore could not be considered self-employed. This case marks one of the few instances in which a higher court has closely examined the employer-employee relationship between a rideshare driver and the rideshare company.

Facts in the Case

Donald Lowman lost his job as a behavioral health specialist during the summer of 2015. While his application for unemployment compensation was pending, he signed a services agreement with Uber. He began using Uber on July 1, 2015, and thereafter earned between $15 and $22 per hour, bringing in approximately $350 per week. As required by Pennsylvania’s unemployment laws, he reported his earnings to the Unemployment Compensation Service Center. On August 17, 2015, the service center issued a Notice of Determination finding that Lowman’s driving rendered him ineligible for continued benefits because he was considered self-employed.

Lowman appealed the decision and was again denied benefits. He subsequently filed a petition for review in the Commonwealth Court in 2016. The Court reversed the previous decision, concluding that Lowman was not self-employed. The case moved on, eventually reaching the Pennsylvania Supreme Court, which issued the final ruling.

The Court Examines the Definition of Self-Employment

An amendment added to Pennsylvania’s unemployment laws in 1959 states that an employee shall be ineligible for compensation for any week in which he is engaged in self-employment. In Lowman v. Unemployment Compensation Board of Review, the Court closely scrutinized the relationship that Uber had with its drivers to determine whether they were independent contractors. The wording of the opinion focused on the issue of control. Although Mr. Lowman used his own car and cellphone, and was responsible for his own maintenance, the Court found that he did not have control over his work for the following reasons:

  • Uber established the rates that drivers charged
  • Uber tracked the movements of its drivers using GPS technology
  • Uber closely monitored the work of its drivers

In essence, Uber controls its drivers much like a manager exerts control over employees in an office.

Partial Victory for Gig Workers

The Court’s ruling set the stage for further advancement for the rights of gig workers in Pennsylvania. Although it does not automatically make them eligible for unemployment, it does open the door for appeals if they are denied benefits. The ruling did not address larger issues, such as whether Uber drivers should be classified as full-fledged employees entitled to health insurance, Workers’ Compensation, minimum wage, overtime, and paid sick leave. However, this decision marks a turning point when viewed in context with other legal decisions, such as California’s recent law that made it more difficult for rideshare companies to classify their drivers as independent contractors.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Continually Monitor Legal Cases Addressing Employer-Employee Relationships

Terminated workers who attempt to make ends meet by driving for rideshare companies may not know that this could disqualify them for unemployment benefits. The Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. continually monitor the evolving legal landscape of employment law to provide skilled counsel to workers and businesses. If you have an employment question, call us at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.