Are You Prepared for a Religious Accommodation Request? Third Circuit Finds Employer's Approach Proper
Are Your Employment Policies Ambiguous? Third Circuit Case is a Reminder of the Value of Clear Wording
Uncharted Territory of Medical Marijuana and Employment Law in Pennsylvania Demonstrated by Police Officer's Administrative Leave
Federal Case Highlights Potential for Disability Discrimination Claims When Using Pre-employment Health Screening
Federal Court: Marijuana Industry Workers Not Categorically Excluded from Federal Overtime Requirements
Toolkit for Dealing with Opioid Abuse in the Workplace Released by National Safety Council
West Virginia Case Reinforces that an Employee's General Managerial Skills are Not a Protectable Interest Sufficient to Justify a Restrictive Covenant
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.
Are Non-Competes Enforceable in PA Independent Contractor Agreements?
Short Answer: Yes, but as with all non-compete provisions, proceed with caution and draft wisely.
