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Houston Harbaugh Blog

Employment Archives

When it Comes to Retaliation, Timing Isn't Everything - Third Circuit Reinforces that Temporal Proximity Must be Considered with Other Evidence of Causation

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Are You Prepared for a Religious Accommodation Request? Third Circuit Finds Employer's Approach Proper

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Uncharted Territory of Medical Marijuana and Employment Law in Pennsylvania Demonstrated by Police Officer's Administrative Leave

Medical Marijuana

West Virginia Case Reinforces that an Employee's General Managerial Skills are Not a Protectable Interest Sufficient to Justify a Restrictive Covenant

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Pennsylvania Federal Court Recognizes "Constructive Demotion" as a Type of Adverse Employment Action

In the employment law context, you've probably heard of constructive discharge as a type of adverse employment action. A constructive discharge occurs when an employer's actions make an employee's working conditions so unpleasant and difficult that a reasonable person in the employee's shoes would feel compelled to resign from his or her job. A recent decision from the United States District Court for the Middle District of Pennsylvania has found that an adverse employment action can also occur in the form a "constructive demotion" - something not yet explicitly held to be an adverse employment action in the Third Circuit.