Answers Posted By Harold Goldner

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]

Answer to I was asked about my son and the person I currently live with if he was the father?

Wow, what a great series of questions to use for "How to get sued for interviewing." The problem is that you haven't indicated whether you actually *got* the job or not (or have been formally declined for the position). Secondly, the measure of your damages will be problematic.

However, the questions were definitely improper, and violate at least the Pennsylvania Human Relations Act's prohibition on discrimination based upon "family status." You certainly have the right to file a formal charge with that agency, however, failure to hire cases are fairly difficult and expensive to prosecute (even more so if you are unemployed!)

If you want a more detailed analysis and recommendations as to what your next steps should be, you should meet with an employment lawyer.

posted May 4, 2012 5:13 PM [EST]

Answer to Does my employer hace a right to make FMLA so stressful?

It sounds like you are receiving intermittent FMLA leave, which is at the discretion of the employer. Additionally, FMLA to take care of your mother for one condition does not automatically extend to a different condition suffered by your mother.

It is possible that your employer is attempting to ensure FMLA compliance (because intermittent FMLA leave is problematic for employer and can be abused).

If you believe your rights may be violated, you should contact an employment lawyer directly. It is impossible to answer your inquiry, vague as it is, on this web site.

Harold M. Goldner

posted Apr 10, 2012 11:46 AM [EST]

Answer to I'm sorry there is no way to sum this up in 100 characters or less

Just to echo what the others have said so far:

1. Don't expect any information on this site that will adequately protect your interests.

2. Run, don't walk, to an employment lawyer who can assist you in protecting yourself (and your reputation).


posted Apr 6, 2012 11:06 AM [EST]

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