Category Archives: Unemployment

Social Media – “Exhibit A” in Litigation

A recent case from the Commonwealth Court of Pennsylvania illustrates in vivid detail the potentially disastrous litigation consequences for employees of making ill-advised postings on social media, including Facebook.  It also illustrates the utility for employers of monitoring such postings for use in litigation, within appropriate legal boundaries. In Gumpher v. Unemployment Bd. of Review, No. 1735 C.D. 2016 (Pa. Cmwlth. Ct. Aug. 30, 2017), the Plaintiff had worked as a painter for Epic Metals Corporation for just under two years.  At the commencement of his employment, the Plaintiff, who was married and had numerous children, including one with special …


Don’t Turn Unemployment Compensation Into Unemployment Complication

Unemployment comp.  Not the sexiest of topics.  But I get a lot of questions from employers on the issue, the appropriate resolution of which would spare me a lot of stress when a termination-related case lands on my desk.  (After all, this is all about me, right?) The proper handling of unemployment compensation claims also might save an employer – and its EPLI carrier – a fair bit of moolah if the termination ends up the subject of litigation.  So, even if you don’t care about my well-being, you’ll still want to read on. Should Employers Appeal UC Decisions? First, …


Trending: The Unemployed as a Protected Class

As reported at the time, President Obama’s 2011 jobs bill included a proposal to prohibit discrimination on the basis of a job applicant’s status as unemployed. The proposal identified discrimination toward the long term unemployed as a contributing factor to the nation’s staggering unemployment statistics. In essence, the proposal would have made the unemployed a protected class in the same manner that race, religion and sex are now. Although the jobs bill has since languished, similar proposals are trending. Whether discrimination towards the unemployed is a problem is debatable. Data suggesting the unemployed are subject to widespread and systematic discrimination …