In a recent ruling, Bensinger v. University of Pittsburgh Medical Center, the Pennsylvania Superior Court provided a clear answer to the question of whether parties are entitled to a jury trial under Pennsylvania’s Whistleblower Law. The Court began its analysis by noting that the Whistleblower Law is ‘chiefly a remedial measure intended to enhance openness in government and compel the … [Read more...] about No Right to a Jury Under Pennsylvania Whistleblower Law Strongly Affirmed
KingSpry Blog
Using Smartphones in Divorce and Custody Disputes: the Good, Bad and Ugly
This week, NPR ran an interesting piece on how “Smartphones Are Used To Stalk and Control Domestic Abuse Victims,” explaining the danger of how someone can secretly spy on you through your electronic devices and social media such as a smartphone, tablet or computer from a distance in order to gain power over the other person, particularly when it relates to Domestic Violence. Typically, this type … [Read more...] about Using Smartphones in Divorce and Custody Disputes: the Good, Bad and Ugly
What Does “Good Faith” Reporting Mean, and What Will It Cost to Miss the Mark?
Ever since the Department of Education’s Office for Civil Rights (OCR) released the names of 55 institutions of higher education under scrutiny for possible Title IX violations in May, the media has been flooded with lurid personal accounts of mishandled sexual assaults on their campuses. A Time magazine cover story and a two different large spreads in the New York Times were perhaps the most … [Read more...] about What Does “Good Faith” Reporting Mean, and What Will It Cost to Miss the Mark?
The Good News and the Bad News: The Third Circuit Offers More FMLA Guidance
In the recent case of Lupyan v. Corinthian Colleges, Inc., the Third Circuit laid another trap for the unwary employer. In the ever dense jungle of FMLA law, employers now must be prepared to prove receipt, not just the mailing of FMLA notices. Basic Facts in the Case In Lupyan, a college instructor, Lisa Lupyan, after taking leave from December 4, 2007 through April 1, 2008, was terminated from … [Read more...] about The Good News and the Bad News: The Third Circuit Offers More FMLA Guidance
The Birds, the Bees and the Bewares: Paternity in Pennsylvania
What happens if I am legally married to someone and get pregnant with my new partner? Anyone can be married to one person and get pregnant by a new person. However, the difficulty in the law arises in establishing your new partner’s paternity or parentage of their own biological child when you are married. In Pennsylvania, a child born or conceived during the course of the marriage is presumed to … [Read more...] about The Birds, the Bees and the Bewares: Paternity in Pennsylvania
Using Consumer Reports To Make Personnel Decisions? You May Want To Revisit Your Policies and Practices
Historically, before the advent of easily conducted background searches, employment decisions were based purely on personal instincts and connections. Today, it’s surprising how much information an employer can learn about a job applicant by obtaining a background report from a consumer reporting agency, also known as a “consumer report”. However, do not let the ease of access fool you. Any time … [Read more...] about Using Consumer Reports To Make Personnel Decisions? You May Want To Revisit Your Policies and Practices
