Sid Steinberg

May 11, 2011 | The Legal Intelligencer

When an employer is faced with an allegation of sexual harassment in the workplace, it is inevitable that one "side" of the story will be credited over the other. This decision needs to be made in the moment, as the employer works to take the "effective remedial action" as promptly as possible.

By Sid Steinberg

5 minute read

September 09, 2009 | The Legal Intelligencer

With the 3rd U.S. Circuit Court of Appeals' decision in Fowler v. UPMC Shadyside , it is clear that the previously on-life-support motion to dismiss under Rule 12(b)(6) is now alive and well.

By Sid Steinberg

7 minute read

March 13, 2013 | The Legal Intelligencer

Employers often believe that having a troubled or troubling employee resign from employment is a panacea to avoid litigation. As such, employers often propose that, instead of terminating an employee or providing him or her corrective action, they will simply ask the employee to resign. This only works, however, if there is absolute certainty that the employee will "take the bait" and actually resign. If the employee balks, the employer has created an additional layer of problems for itself.

By Sid Steinberg

7 minute read

August 08, 2012 | The Legal Intelligencer

In a case that may remind old film buffs of the plot of All About Eve, in the recent case of Glover-Daniels v. 1526 Lombard Street SNF Operations, No. 2-11-cv-5519 (E.D. Pa. July 16, 2012), the student replaced the teacher. But in the 2012 employment law version, the teacher is not a Broadway star but the human resources manager for a nursing home and, when she is replaced by her "student," rather than seek other theater roles she sues for discrimination.

By Sid Steinberg

5 minute read

May 14, 2008 | The Legal Intelligencer

As the costs of employment litigation continue rising, employers continue to look to alternative dispute resolution processes to gain control over potential lawsuits. In Zimmer v. CooperNeff Advisors Inc., the 3rd U.S. Circuit Court of Appeals recently addressed the enforcement of a contractual arbitration provision in the face of challenges based upon unconscionability and waiver.

By Sid Steinberg

6 minute read

May 08, 2013 | The Legal Intelligencer

Three female sales representatives working for the same manager at Eli Lilly & Co. brought suit against the company for sexual harassment and other types of discrimination.

By Sid Steinberg

7 minute read

September 18, 2002 | Law.com

Although employers sometimes need access to employees' e-mails, there are also times when an employer may want (although not necessarily need) access to an employee's personal Web site, too. The 9th U.S. Circuit Court of Appeals has held that Hawaiian Airlines' efforts to read an employee's Web site critical of management may be illegal.

By Sid Steinberg

6 minute read

August 14, 2013 | The Legal Intelligencer

An employee's termination routinely goes through a well-established process. The termination decision is made by the employee's manager. It is then reviewed by a more senior manager either internally or through a grievance-like process.

By Sid Steinberg

6 minute read

September 14, 2011 | The Legal Intelligencer

As cases under the amended Americans with Disabilities Act begin to reach the courts, less emphasis will be placed on whether an employee is "disabled" and a greater emphasis will be placed on the questions of whether an employee is a "qualified individual."

By Sid Steinberg

6 minute read

August 11, 2010 | The Legal Intelligencer

It is a fair bet that many of those reading The Legal have neither a Facebook page nor a MySpace account -- although when our children reach a certain age, they can certainly tell us about them.

By Sid Steinberg

6 minute read