Answers Posted By Harold Goldner
Your sole remedy is to file for unemployment compensation benefits.
answer to What is the employer required to compensate if your position is eliminated? posted May 22, 2013 3:13 PM [EST]
answer to can I still sue, if I signed a serverance agreement 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? 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? posted Dec 3, 2012 3:44 PM [EST]
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.
answer to I was asked about my son and the person I currently live with if he was the father? posted May 4, 2012 5:13 PM [EST]
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
answer to Does my employer hace a right to make FMLA so stressful? posted Apr 10, 2012 11:46 AM [EST]
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).
answer to I'm sorry there is no way to sum this up in 100 characters or less posted Apr 6, 2012 11:06 AM [EST]
Note that many employers who do offer severence packages require former employees to sign documents such as releases which waive subsequent rights. In addition, termination, for any reason, may not terminate your obligations under confidentiality, anti-solicitiation or non-compete clauses.
If you are faced with termination, you should consult an employment lawyer to explore what rights, if any, you have under the circumstances.
answer to Am I entitled to severence? posted Feb 28, 2012 10:47 AM [EST]
I have been involved in non-compete disputes where an employee moved from the east coast to the west, yet the non-compete covenants were completely enforceable (and we've enforced them). On the other hand, I've seen instances in which my clients set up shop within a mile of their old employer and the non-compete couldn't stop them.
Do yourself a favor and take your paperwork to a Pennsylvania employment lawyer so you can find out what your rights and obligations are. A competent local lawyer will always check with local counsel in California if that law "trumps" Pennsylvania law.
answer to Question on a Unique Non Competition Agreement posted Feb 27, 2012 2:31 PM [EST]
Secondly, there is simply no way anyone can answer this question online. You need to see an attorney who can review the terms of the agreement as well as the circumstances under which you signed the agreement, and finally, issues regarding your former position and prospective position. There is no "general answer" that applies to your situation --- these cases are fact-specific, and require an analysis of the actual contract/covenant not to compete.
Do not expect to rely upon a website to substitute for competent legal counsel --- an you need competent legal counsel NOW.
answer to How do I get out of my Noncompete contract from a previous employer? posted Feb 3, 2012 5:27 PM [EST]