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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


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

Employment Contract

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.