Answers Posted By Harold Goldner

Answer to was terminated from a company that I was with for 13 years. Was providing me a severance pay for 13 weeks. However there was a non-compete for 2 years could not work for another company in the same industry. Never worked for another company in same indust

You should contact an employment lawyer and sit down with that lawyer *in person* with any employment agreements and any correspondence you've received from your former employer *in hand* and that attorney can advise you what the best course of conduct is. Non-compete provisions can be enforced, even when in severance agreements, but the non-payment of the amount of the severance package may also work to invalidate the agreement. As with many things legal, the answer is "it depends," and you should not rely upon (nor expect) legal advice over the internet.

posted Mar 21, 2016 2:45 PM [EST]

Answer to Am I eligible for unemployment?

No. Voluntary quit does not entitle you to unemployment benefits. Unemployment compensation law states that persons are entitled to benefits who become unemployed "through no fault of their own".

posted Mar 1, 2016 10:42 AM [EST]

Answer to Can my old employer get me fired bc of me suing them?

If it can be shown that your former employer "got you fired" because you participated in a class action for overtime wages, that could violate the Fair Labor Standards Act, the same statute your overtime claim is based upon, although it sounds farfetched.

You should be sure, however, that you and your former coworkers hire a lawyer and firm which has already handled FLSA and wage and hour cases.

posted Feb 21, 2016 12:25 PM [EST]

Answer to Can an employer diagnose an employee with a disorder and then deny promotion on those means?

If an employee can handle all of the "essential functions" of his or her job with or without an accommodation, then that employee cannot be singled out for special treatment. Doing so would violate both the Pennsylvania Human Relations Act (if the employer has at least 4 employees) and the Americans with Disabilities Act (if the employer has at least 25 employees).

The failure to promote is equally actionable.

Your friend should consult with a Pennsylvania employment attorney to assess *all* of the facts of his or her case, because it's impossible to diagnose these situations adequately over the web, nor is an attorney permitted to "give legal advice" via the web to a non-client.

posted Nov 12, 2015 12:05 PM [EST]

Answer to On Intermittent FMLA leave and written up for an absence.

Yes. Employers can provide for monitoring of the use of intermittent FMLA leave, such as call-in systems or even surveillance. And intermittent FMLA leave must be used for what it was granted, so if, for instance, you have a bad cold and want to take a day off, you cannot use your intermittent leave for that --- it's solely for the care of your father.

posted Mar 19, 2015 12:09 PM [EST]

Answer to is it legal to fire someone for working for a specific company?

Courts in Pennsylvania generally frown on non-compete agreements and here there is no such agreement at all, so it would be impossible to "enforce" a non-compete agreement that doesn't exist.

It should be noted, however, that your former employer (that is, whichever one you elect to be "former") may be able to prevent you from using "trade secrets" acquired during your prior employment. You should check with an employment lawyer about your specific plans before you commit yourself to any path.

posted Jun 18, 2014 3:46 PM [EST]

Answer to What is the employer required to compensate if your position is eliminated?

Nope. Pennsylvania is an "at will" state. You can be terminated at any time for a good reason, bad reason, or no reason at all. Unless you have an express (written) contract which provides otherwise, the employer need not give you any notice whatsoever and there is no legal entitlement to severance of any kind.

Your sole remedy is to file for unemployment compensation benefits.

posted May 22, 2013 3:13 PM [EST]

Answer to can I still sue, if I signed a serverance agreement

If you signed a standard Title VII Release and Severance Agreement, then you still have the right to file a charge of discrimination with the EEOC or the Penna. Human Relations Commission, but in all probability your "remedies" are limited to those already paid under the package, and you might even have to repay them. You can't just file suit, and no, you can't file suit for "getting the card and the inconvenience."

posted Dec 3, 2012 9:35 PM [EST]

Answer to Is it a reasonable accomadation ask your employer to NOT use available paid time off?

Please read my answer to your other question which is essentially identical.

posted Dec 3, 2012 4:29 PM [EST]

Answer to Can my employer require me to use paid time off when working a reduced schedule?

FMLA is available for a serious health condition; you haven't identified for *which* serious health condition you are seeking intermittent or reduced schedule leave, but all of that still has to be less than 12 weeks/year for you to remain qualified, and your employer is permitted to require you to exhaust all paid leave while you are on FMLA. Reasonable accommodations under ADA do not "trump" the provisions of FMLA.

posted Dec 3, 2012 3:44 PM [EST]

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