Sid Steinberg

April 09, 2019 | The Legal Intelligencer

It is undoubtedly a bad idea for a manager to harass an employee each time she takes leave under the Family and Medical Leave Act (FMLA). But if the employee takes leave each time necessary, such alleged harassment, even if it is perceived a discouraging additional leave, is not illegal.

By Sid Steinberg

7 minute read

February 05, 2019 | The Legal Intelligencer

The employment law implications of medical marijuana are rapidly evolving. The recent decision in Parrotta v. PECO Energy, addresses an employee's self-diagnosed use of “medical” marijuana along with a number of other practical ADA and FMLA issues.

By Sid Steinberg

7 minute read

January 08, 2019 | The Legal Intelligencer

Employers are often faced with a conundrum after learning of employee misconduct. Summarily terminating an employee may appear harsh and may, in fact, lead to an unfair result.

By Sid Steinberg

6 minute read

December 11, 2018 | The Legal Intelligencer

While current drug use is not protected under the Americans with Disabilities Act, drug addiction is. Employers often struggle with the legal obligations associated with drug use and distinguishing between current use and past addiction.

By Sid Steinberg

7 minute read

November 06, 2018 | The Legal Intelligencer

While many companies require senior managers and sales employees to sign restrictive covenants, it is unusual for post-employment disputes to reach the stage of litigation.

By Sid Steinberg

7 minute read

October 09, 2018 | The Legal Intelligencer

Many employment terminations result from employers simply believing one employee's version of events over another's. This is not always the case, however, as exemplified by the recent decision in 'Eboda v. PNC Bank.'

By Sid Steinberg

7 minute read

September 11, 2018 | The Legal Intelligencer

National origin discrimination claims typically involve allegations of discrimination based on an employee's non-American country of origin. Middlebrooks v. Teva Pharmaceuticals USA, Civ. A. No. 17-412 (E.D. Pa. Aug. 31, 2018) involved the atypical claim of alleged national origin discrimination based on anti-American bias.

By Sid Steinberg

7 minute read

August 07, 2018 | The Legal Intelligencer

The analysis of whether employees are “similarly situated” often determines the success or failure of an employer's defense to a claim of discrimination. The analysis should extend beyond superficial similarities in order to determine whether an employee can establish that his claim is viable.

By Sid Steinberg

7 minute read

July 10, 2018 | The Legal Intelligencer

he recent decision by the U.S. Court of Appeals for the Third Circuit in Minarsky v. Susquehanna County, No. 17-2646 (3d. Cir. July 3, 2018) explicitly references #MeToo as it relates to affirmative defenses to sexual harassment claims in the Third Circuit and may help change that dynamic—particularly as it relates to women not coming forward with complaints against their male supervisors.

By Sid Steinberg

9 minute read

June 12, 2018 | The Legal Intelligencer

Employees in the health care profession who receive discipline for sleeping on duty face high hurdles to succeed on employment discrimination claims.

By Sid Steinberg

6 minute read