Answers Posted By Harold Goldner

Answer to if i report sexual harassment could i go from 40hrs to 32hrs

You have not indicated whether the sexual harassment you have reported was against you or involved completely other employees. There is a conflict of case law in the Third Circuit as to whether merely reporting sexual harassment constitutes such "opposition" as to protect you under Title VII of the Civil Rights Act.

I recommend that you contact an employment lawyer to discuss the complete factual background of your situation so that you can determine whether you do or do not have a cause of action.

You used the words "constructive discharge" and "hostile workplace" but these are legal terms, and whether they are appropriate needs to be assessed by a lawyer, not a lay person. Typically "constructive discharge" happens where an employee faces an environment in which no reasonable person would remain. A hostile work environment has to be "severe and pervasive" to be unlawful.

A lawyer cannot "diagnose" your problem over the web any more than a doctor can prescribe medication after reading a message on the web.

So, while I have given you the framework "around" your facts, you will need to see a lawyer to fill in the details.

Harold M. Goldner
hgoldner@krautharris.com

posted Aug 24, 2010 12:37 PM [EST]

Answer to Can a non-compete be enforced for ideas that were discussed but not used?

Fascinating question. Some agreements which contain "noncompete" language also contain language about ideas of employees (and who owns them), so it would really require a lawyer to analyze the entire document.

In addition, as Chris mentions above, restrictive covenants like non-competes are not favored by the courts, and there are various circumstances and factual tests which they must pass to be upheld. That means a careful analysis of the job situation under which this agreement was entered into.

I suggest you meet with an employment lawyer to find out what your rights are. You may have to pay to sit down with an employment lawyer (we're not like personal injury lawyers who only take a fee 'if we recover,') however, you will know your rights when you're done, and that's usually worth the price of admission.

posted Jun 22, 2010 12:58 PM [EST]

Answer to Can my employer make me resign?

Yes, they can do that.

You are not protected by the FMLA, which only requires your job be secured for 12 weeks, because your employer does not have 50 employees.

Pennsylvania is an at will state in which you can be terminated for a good reason, bad reason, or no reason at all. You cannot be terminated in violation of "Public Policy" which our courts interpret to mean statutes enacted by the U.S. Congress or the Pennsylvania Legislature. When you are terminated because of your "protected classification" (i.e. age, sex, race, national origin, disability, and in some localities gender affinity) it's called "employment discrimination," not wrongful discharge.

However, in this case, if you are unable to perform the essential functions of your job when it's time to return to work, you can reasonably anticipate being terminated.

posted Jun 1, 2010 3:31 PM [EST]

Answer to Do I have any recourse to stop my potential termination?

To follow up on what Chris said above, note that unlawful employment discrimination, that is, discrimination based upon sex, age, national origin, race or disability, must be addressed with a complaint to the Equal Employment Opportunity Commission or the Pennsylvania Human Relations Commission within 180 days (or 300 days in some circumstances) of the incident.

When you mention matters dating back to 2008, you are talking about ancient history in the employment claim world, and, frankly, so is November of 2009. You need to act more quickly if you believe that you have been the victim of unlawful discrimination.

Otherwise, as Chris says, you are in an at-will state, where an employer can discipline or terminate you for a good reason, bad reason, or no reason at all.

Harold M. Goldner
Kraut Harris, P.C.
Madison Bank Building, Suite 311
1767 Sentry Parkway West
Blue Bell, PA 19422
215-542-4900
hgoldner@krautharris.com

posted Jun 1, 2010 07:55 AM [EST]

Answer to The bookkeeper that did our weekly books was fired by thier firm, I would like to retainher services

Non-compete covenants are not favored by the courts, but can be enforced where they are "reasonably necessary for the protection of the former employer."

Where an employer terminates an employee, however, the value of that employee to the former employer is certainly undermined.

Many of these situations can be resolved with negotiation between the parties. I encourage you to contact a Pennsylvania employment lawyer who can help you get through the threats and sabre rattling.

posted May 28, 2010 09:17 AM [EST]

Answer to Position elimination vs Quitting

It is possible that they breached the agreement, however, language in severance agreements discussing posture for UC claims may, itself, violate the law.

The best approach is to appeal the denial of benefits immediately (you only have 15 days) and secure counsel to represent you at the hearing. The burden of proof is going to be on the employer, and if it's a lay-off, regardless of whether severance pay was extended, you are going to qualify for benefits.

posted May 26, 2010 08:08 AM [EST]

Answer to Does my employer have to save my job?

You have not indicated whether your employer has at least 50 employees within a 75 mile radius (which would make that employer subject to the Family & Medical Leave Act), however, even the FMLA's benefits are limited to a twelve (12) week period.

The employer must hold your position for a period of up to twelve weeks for a serious health condition.

After twelve weeks, the employer is *not* obligated to hold your job.

posted May 26, 2010 07:45 AM [EST]

Answer to Can an employer withhold wages, if I refuse to sign a contractor agreement?

If you're an independent contractor, and the person for whom you are performing services requires a signed contract, you need to sign the contract.

That having been said, there could be all kinds of 'gotcha's' in that contract (such as non-compete or confidentiality provisions outlined by Chris Ezold above) --- so your best move is to get that document they want you to sign and take it to a lawyer.

posted Jan 11, 2010 1:59 PM [EST]

Answer to Can a restrictive convenant prevent me from accepting any work at a customer site?

Possibly, but nobody can tell without looking at the non-compete.

Non-compete agreements are generally not favored in the courts, but will be where the former employer has a genuine interest to be protected by the non-compete. Non-compete covenants must be reasonable as to scope, meaning geography, time and what they cover.

In addition, depending upon the circumstances of the end of your employment with the employer claiming protection, it's possible the provisions are waived altogether.

I suggest you speak to a PA employment lawyer with your non-compete, and any other employment contract in hand.

posted Jan 11, 2010 1:58 PM [EST]

Answer to can an employer force you to do the job you did before you got hurt on the job

The answer, unfortunately is, it depends. If the 'essential functions' of your job require heavy lifting, and you cannot perform those functions, your employer may be permitted to terminate you.

If, however, with a reasonable accommodation (i.e. there are pallet jacks available and it's reasonable for you to use them, and you're qualified to do so), that does not create an undue hardship on the employer, the Americans with Disabilities Act *may* require the employer to accommodate you.

It genuinely depends upon whether the condition which limits your lifting is considered a disability (as opposed, say, to a sore back).

If you were out on FMLA due to a work-related injury, your employer *may* require you to return to work with no limitations upon the expiration of your 12 weeks leave, and if you cannot due so, they may terminate you.

I suggest you speak with a Pennsylvania employment lawyer so that your question can be fleshed out and better answered.

posted Sep 14, 2009 09:24 AM [EST]