Answers Posted By Harold Goldner

Answer to monitoring employee conversations?

This is one of the rare instances in which the National Labor Relations Act applies regardless of whether you are a union shop or not.

You have the right to act with coworkers to address work-related issues in many ways. Examples include: talking with one or more co-workers about your wages and benefits or other working conditions, circulating a petition asking for better hours, participating in a concerted refusal to work in unsafe conditions, and joining with coworkers to talk directly to your employer, to a government agency, or to the media about problems in your workplace.

Your employer may not discharge, discipline, or threaten you for, or coercively question you about, this "protected concerted" activity.

You can lose such protection if you discuss things about your employer that are egregiously offensive or knowingly and maliciously false, or by publicly disparaging your employer's products or services without relating your complaints to any labor controversy.

This is under Section 7 of the NLRA. In addition, the "infiltration" of the group may violate user terms and conditions of the hosting site, and may subject the infiltrator to liability.

You boss *may not* categorically ban such discussions. That's a plain meaning violation of Section 7 of the NLRA.

posted Mar 4, 2020 1:11 PM [EST]

Answer to In PA. Gave 2 weeks notice. Employee handbook request is 2 weeks notice. Told me that I was not going to work my 2 weeks and not paying me. Not fired. Resigned. Typical scenario has been they let people finish 2 weeks. No bad reviews or issues with my wor

Your question is a little difficult to follow. (You know you don't have to capitalize the first letter of each word, right?)

Looks like you gave two weeks notice at a woorkplace where ordinarily two weeks is required and they offer to permit you to finish that term. In this case, they told you they *didn't* want to pay you for those two weeks so you quit, right?

If so, it's game over. Move along to your next job.

posted Feb 6, 2020 1:57 PM [EST]

Answer to In the state of Pennsylvania, can my employer take away my accrued person time (PTO)?

Person time? You mean paid time off? There is no PA law requiring an employer to pay unused PTO unless the employer's policy specifically provides for doing so. For instance, if your PTO is "accrued" along the year, and you quit or are fired in January before you've used any of the PTO you'll accrue, may only receive a pro rata distribution of the PTO time you've accrued.

Employers CAN change their PTO accrual and carry-over rules via a consistent policy.

posted Jan 28, 2020 3:36 PM [EST]

Answer to How long does a company have to pay out a severance package in Pennsylvania?? Getting very irritated. Signed the paper agreeing to take the money and not sue them for terminating me on 12/26/19 and still have not received anything. (It is now 1/25/20) our

If you are older than 40, the release likely provides for a 21 day review period followed by a 7 day revocation period, in compliance with the Older Workers Benefit Protection Act. In addition, they are permitted to make distribution in accordance with payroll policies. In other words, they can make the distribution on the next payroll date after the expiry of the revocation period.

Your question fails to note when you signed the release. That's the key date, not the day you were fired.

posted Jan 27, 2020 12:17 PM [EST]

Answer to I have recently resigned from my job as a transportation associate due to being verbally abused by my boss. he informed me that he will not give me my last paycheck (this coming Friday) unless I sign a form stating that I will not speak of his behavior. I

He cannot withhold your paycheck regardless of the nature of the conduct. The Pennsylvania Wage Payment Collection law requires that wages are paid within 2 weeks of when due, else the employer (and officers) are liable for the wages, liquidated damages, and counsel fees.

Your resignation will disqualify you from unemployment benefits unless you can show that you resigned for "necessitous and compelling reasons." Generally, if the harassment was based upon a protected classification (i.e. race, color, age - over 40, disability, religion, sex, national origin or family status), you may be able to show necessitous and compelling reasons (and may also have a claim for unlawful discrimination) but if it's just a case of your supervisor being what we call a "bosshole," then you will not have a legal remedy.

Courts don't operate as uber "human resources departments." They just enforce the laws as they exist.

posted May 9, 2019 08:15 AM [EST]

Answer to What can I do about a co-worker that has extreme absences, filed an FMLA and is now pregnant?

This is not your problem. Altercations with coworkers frequently get both coworkers fired, regardless of who is at fault. As the previous poster suggested, if it's bothering you, put it in the union's hands, then butt out. As one wise old timer once said to me, "I don't go looking for trouble and trouble don't go looking for me."

If, and ONLY if you are disciplined due to your own absences and feel you are being treated less favorably, might you possibly have a legitimate complaint. Otherwise, keep your thoughts to yourself (so you don't find yourself accused of bias.)

posted Oct 15, 2018 07:42 AM [EST]

Answer to My son has been accused at work for sexually harrassing a coworker. He has not done this. He is in a relationship with his girlfriend+they are happy. My son is very upset. He's not shared this with anyone. His employer will not allow him back to work or o

Unless he is in a union, your son is an employee at will who can be fired at any time for a good reason, bad reason, or no reason whatsoever. If it's a legitimate claim of harassment, he can expect to be disciplined or undergo training at best and fired at worst. If it isn't and they do a decent investigation, he should be cleared.

Sexual harassment is not about sex. Sexual harassment has nothing to do with whether the alleged harasser is in a happy relationship or not; it's about power, and the harasser frequently is blissfully unaware of the effect of his (or her) actions constituting harassment.

While your son (not you) might do well to discuss the matter with an attorney, it's probably too early for one to offer any assistance at this point.

posted Mar 6, 2018 08:18 AM [EST]

Answer to Is a lump sum settlement for age discrimination taxable. I did get a 1099 for it.

Yes, of course it's taxable. It's payment for wages which you were not paid because of alleged unlawful discrimination. Often these settlements are paid partially on a W-2 and partially on a 1099 to make more up-front cash available to the Plaintiff who is out of work. However, the fact that it is categorized as "other income" on a 1099 does not change its taxable status. Your attorney, if you had one, should have explained this to you at the time you settled your case.

posted Feb 2, 2018 08:48 AM [EST]

Answer to when I apply for unemployment and I've worked for the same place for 1 1/2 yrs but it was sold part way through my employment, how do I enter that in my UI claim forms?

The ownership of the company shouldn't be your concern. You were with the same employer for that continuous period. Since qualification involves the 5 quarters before the present quarter, that goes back to the prior owner. Use the name of the place you work and let the bureau sort things out. They will have tax id's and account numbers to match up to your employment records.

posted Dec 28, 2017 09:19 AM [EST]

Answer to An employee is off due to a balance/vertigo type condition that makes him unable to drive or ride in a vehicle. He is an outside salesman and does not want to apply for FMLA but rather work from home. Short term, let's say a week I could agree, but this i

You are confusing FMLA and the ADA (but don't worry; the intersection of these two has been dogging employment practitioners and HR managers for years).

An individual is typically eligible for FMLA when due to a serious health condition, they are incapable of performing the essential functions of their job. No "accommodation" will enable them to function productively. If he can perform some, or a substantial portion of his job, just not do the driving part, then he's not FMLA eligible.

If, on the other hand, he is seeking an "accommodation" so that he can continue to do his job, albeit a week long no-driving modification, that means he's not taking FMLA, he's being 'accommodated' under the ADA, in which case he continues to work his full day/week, etc.

If he's already overtime exempt, that is, he earns a salary or a base plus commissions over ~$24,000/year, then you don't dock his pay, not for ADA. If he's taking FMLA, then that's in accordance with your company's policies. FMLA does not have to be paid, and policies can require employees (exempt and non-exempt) to use up accrued PTO, if any. You don't get to convert a salaried employee into an hourly employee and then dock pay.

I suggest that if your company has HR issues instead of trying to resolve them with questions online, you contact a reliable employment lawyer who handles employer-side issues such as this.

posted Sep 15, 2017 09:39 AM [EST]