Answers Posted By Harold Goldner
Answer to Discrimination
You need to SEE someoneYour situation is difficult, but not unique, however it is NOT one which can be resolve over a web dialogue.
BEFORE you quit, you should get to an employment lawyer who may be able to assist you in even keeping your position.
While quitting a job does not necessarily both end entitlement to unemployment and a claim for discrimination, it can do both. Only under particular circumstances is resigning employment a viable option while preserving claims.
Again, if your situation is sufficiently dire, you should see a lawyer first.
Harold
posted Sep 19, 2008 11:47 AM [EST]
Answer to defamation/wrongful termination
The short answer is "no"Claiming defamation is the equivalent of standing up in a busy courtroom and yelling "MY FLY IS UNZIPPED." Unless the defamation is egregious (criminal conduct, dread disease, etc.) it is generally very difficult to recover from such claims.
More importantly, Pennsylvania is an 'at will' state in which an employee can be terminated for a good reason, bad reason, or no reason at all. An employer can terminate whom it believes is stealing even if the employer subsequently learns that the terminated employee had nothing to do with the theft. (Which is darn close to your case).
In short, you should recover unemployment compensation benefits if you are otherwise entitled (the prior employer cannot tie you to that for which you were terminated), but otherwise, your efforts are better spent finding a more enlightened employer.
Harold
posted Aug 19, 2008 10:27 AM [EST]
Answer to Severance And Final Wage Payment Dute Date
Reasonable minds can differI do not interpret the 2 clauses the same way as Mr. Ezold, a colleague of mine for whom I have great respect, but as he says, we cannot really assess your situation without the *entire* contract before us.
I interpret those clauses to suggest that severance will be paid out over a four week period based upon your rate PRIOR to August 1, 2008, the termination date.
BTW, you might prefer that. Lump sum payments tend to suffer 'bracket creep,' that is, overwithholding of taxes, such that your next is actually less than it would be paid out over time.
There are laws concerning payment of wages, etc. which I would be happy to review with you if you are interested in setting up a formal consultation.
And to reiterate what Mr. Ezold says, dialogue on this website does not constitute an attorney-client relationship, nor is it an adequate substitute for your seeking a lawyer.
posted Jul 18, 2008 4:12 PM [EST]
Answer to Separation from a company,
Employment is at willPlease recognize that without more particulars, I cannot provide you legal advice via this type of dialogue, and you should not rely upon anything you read on any web site.
Employment in Pennsylvania is at will, which means that you can be terminated at any time for a good reason, bad reason, or no reason at all, so long as that reason is not violative of public policy, state or federal legislation. For instance, terminating someone because of their race, religion, national origin, age, or disability would violate both the Penna. Human Relations Act and Title VII of the Civil Rights Act.
That having been said, without speaking to an attorney, it's impossible to determine whether the termination may have violated the law or not. So the question becomes what is it worth to you to know one way or the other?
If you really want to know, contact an employment lawyer and schedule a consultation.
Some of us will ask enough preliminary questions when you call our offices to be able to determine whether it's even worth your scheduling the consultation in the first place.
Harold
posted Apr 14, 2008 1:33 PM [EST]
Answer to hiring commision only salesman
Do you plan to work for free?My first advice to you is to make sure that you secure workers compensation insurance for these employees. Whether YOU designate them 'independent contractors' or not may not be dispositive of whether they are if something happens to them.
As to the rest of your inquiry, I assume that it is your intention for your business to be a money making enterprise, not a charity, and not a non-profit.
So with all due respect, it appears to me a bit unreasonable for you to seek out 'free' legal advice to set up your business.
If you are cheap now, you will buy expensive problems down the road.
You can get all kinds of information on setting up a business at the Federal Small Business Administration and the Commonwealth of Pennsylvania web site. In addition, local chambers of commerce can provide you assistance.
Good luck in your new endeavor.
posted Apr 4, 2008 09:33 AM [EST]
Answer to Wrongful dismissal
It depends....You have given me precious little information with which to assess your case, so I cannot give you anything remotely resembling legal advice.
I can tell you that Pennsylvania is an 'at will' state in which you can be fired for a good reason, bad reason, or no reason at all. Your employer can fire you if they think you're stealing even if they find out later you weren't.
Unless the termination violates 'public policy,' which, for the most part, means to our courts 'an act of the legislature' you are not going to have a wrongful termination claim against your former employer.
As to a claim for defamation of character or libel against your former coworkers, that requires you to 'prove the negative,' i.e., that the allegations are false, which is ordinarily a pretty unpleasant task ---- and defamation cases are very hard to win.
Harold
posted Jan 8, 2008 2:41 PM [EST]
Answer to Against Public Policy
At Will means just thatAt will employment means you can be fired at any time for a good reason, a bad reason, or no reason at all. If the employer's real reason for terminating you is simply for speaking to another person, that reason will not be second guessed.
"Public policy" exceptions to at-will employment generally have been interpreted by the courts to mean violations of express statutory enactments by the legislature.
(BTW, if you're going to go online frequently, all capitals is considered SHOUTING.)
Harold
posted Jan 2, 2008 09:43 AM [EST]
Answer to Breach of Contract?
What's good for the goose....And let me start by saying, you yourself say, "I and a lawyer friend have gone through it backwards and forwards," yet you're back here asking questions. Did the lawyer you work with know anything about employment law?
I guess I can't understand how one would actually hire a lawyer and then post a question here anyway, but I guess that's just me.
Anyway, your question demonstrates why we can't really advise you without seeing the contract ourselves, and you are at the point where you have to either HIRE a lawyer or not.
Be that as it may, allow me to say one thing, if the employee handbook is a contract, you might find YOURSELF bound to a few 'terms' you might not otherwise want to be bound to.
On the other hand, the entitlement to certain benefits, while appearing in the employee hand book, may be absolute without turning the handbook into a 'contract,' per se.
Return to your former lawyer and move forward, or hire someone else to get adequate legal advice.
Harold
posted Dec 19, 2007 10:55 AM [EST]
Answer to no non-compete
Sounds like a stick upI echo Chris Ezold's 'disclaimer,' which we are required to give because just like a doctor who hasn't sat down to examine a patient can't give a diagnosis, we can't give you legal advice upon which you should rely unless we actually meet with you.
It sounds, however, like a 'shakedown.' Sometimes employers will threaten with cease and desist letters believing that former employees will be intimidated into compliance.
Since it's not even clear what your former employer is after --- and since they may have violated state laws in failure to pay compensation when due, you should get yourself to a lawyer --- fast, so that a response can be sent to your former employer which shows that you aren't about to be intimidated.
Harold
posted Dec 13, 2007 10:21 AM [EST]
Answer to Wrongful Termination
Pennsylvania is still an At-Will StateFirst of all, it is completely impossible for me to render legal advice via a website, especially, given your own complicated history which requires your own reference to documents you believe are pertinent.
However, the bottom line is that Pennsylvania is an at-will state, and 'wrongful termination' as a cause of action only exists for violations of 'public policy,' and our courts have interpreted 'public policy' to mean almost exclusively 'legislative enactment.'
While it is remotely possible that a first amendment (freedom of speech) argument can be made, if your job duties included newspaper responsibilities --- in fact, if your job duties included standing on your head and spitting nickles --- and you fail or refuse to do so, you will likely find yourself unemployed.
As to the 'constructive discharge' aspects, you haven't given any facts to suggest constructive discharge. Were you fired or not? If you left because 'no reasonable person would remain' under the circumstances, then it *might* be constructive discharge, but that depends upon who was the reasonable person.
In short, your facts are not particularly conducive to this forum, and I encourage you to try to speak to an attorney.
Harold
posted Oct 29, 2007 07:15 AM [EST]