Pennsylvania Bar Institute

Is an employer in Pennsylvania really permitted to fire an employee at any time for any reason, good or bad, or even for no reason at all? Of course, it`s not that simple. Exceptions to Pennsylvania`s fire at-will law abound, and they are ever expanding. How have the boundaries to the at-will doctrine been defined by case law and statutes? How will so-called "lifestyle discrimination" -- firing an employee for smoking at home for example -- affect the law of at-will? Our impressive faculty takes you through the rights and responsibilities of employers and employees so that you can help your clients navigate through the confusing laws governing the employment at-will doctrine. You will also get practical tips from both the employer`s point-of-view and the employee’s standpoint.

 

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Program Schedule

• 12:00 - 12:30
  • Check-in and Lunch
• 12:30 - 1:30
  • AT-WILL BASICS
    • Overview
    • "Why We’re Not Going to Discuss: Whether Pennsylvania Is a Right to Work State; Unfair Labor Practices; Internal Grievances; or Independent Contractors"
    • Other States’ Laws
  • STATUTORY EXCEPTIONS
  • CONTRACT EXCEPTIONS
    • Express Contracts
    • Employee Handbooks
    • Additional Consideration Supplied by Employee Handbook
    • Specific Intent to Harm
    • Arbitration Fairness Act of 2009
• 1:30 - 1:35
  • Break
• 1:35 - 2:35
  • PUBLIC POLICY EXCEPTIONS
    • Employers under Four Employees
    • Worker’s Compensation Act
    • Unemployment Compensation Act
    • Occupational Safety and Health Act ("OSHA")
    • Jury Duty
    • Criminal Background History
    • Polygraph Test
    • Wage Payment and Collection Law
    • Illegal Activity
    • Work-Related Incidents
    • Privacy
  • WHISTLEBLOWING
    • Retaliation
    • The Broadening Definition of "Employer"
    • The Fine Line Between Voluntary Action and Obligation
    • Preemption 
  • LIFESTYLE DISCRIMINATION:  "WHERE THERE’S SMOKE, YOU’RE FIRED"
    • Genetic Information Nondiscrimination Act of 2008
• 2:35 - 2:45
  • Break
• 2:45 - 3:45
  • PRACTICAL TIPS WHEN CONSIDERING A WRONGFUL
    DISCHARGE CLAIM
    • Why You Shouldn’t Ignore Plaintiff’s Demand Letter
    • Litigation Avoidance: The Amicable Separation
    • Employer’s Reasons to Negotiate a Separation Package
    • Employer’s Reasons Not to Negotiate a Separation Package
    • Employee’s Reasons for Seeking a Separation Package
    • Employee Separation Checklist
    • Structuring an Amicable Separation: "Tricks of the Trade"

You’ll want to attend to --

Course Planner: Michael J. Torchia, Esq.

Course Materials

To order course materials, please call PBI`s Customer Service Department at 1-800-247-4724.

If you are ordering course materials separately, please allow two weeks after the program for the shipment of books and 4 to 6 weeks for shipment of the CDs and book/CD sets. Include $6.00 shipping & 6% Pa. Sales tax on all orders.

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