Answers Posted By George Barron
In an employment setting you generally do not have a right to confront your accuser. It is usually not unlawful for an employer to fire you based upon an accusation of harassment. The employer does not have to prove that the harassment took place as accused. In fact, failing to address the accusation may expose the employer to a lawsuit from the alleged victim.
However, if you have reason to believe that the harassment accusation is not the real reason for firing you, you should contact an employment lawyer to discuss the matter further.
Please keep in mind that we have not met, I am not your lawyer, and I have provided this feedback in response to a very limited amount of information. You should consult with an employment lawyer to learn your rights.
answer to I was recently terminated from my job due to a sexual harrassment claim. posted Jul 25, 2010 5:36 PM [EST]
However, if you have reason to believe that the harassment accusation is not the real reason for firing you, you should contact an employment lawyer to discuss the matter further.
Please keep in mind that we have not met, I am not your lawyer, and I have provided this feedback in response to a very limited amount of information. You should consult with an employment lawyer to learn your rights.
answer to I was recently terminated from my job due to a sexual harrassment claim. posted Jul 25, 2010 5:36 PM [EST]
First - please understand that I have not agreed to be your lawyer, and that this is not legal advice. You should discuss this situation in detail with a lawyer.
The answer is: it depends on the terms of your non-compete. A non-compete agreement may be binding regardless of the reason for the termination.
Courts will enforce non-compete agreements that are reasonable in their terms and necessary to protect the employer. You should have a lawyer review the non-compete to give you an opinion as to its enforceability.
answer to As a sub contractor with a non compete and I am fired can the non compete be upheld? posted May 25, 2010 3:23 PM [EST]
The answer is: it depends on the terms of your non-compete. A non-compete agreement may be binding regardless of the reason for the termination.
Courts will enforce non-compete agreements that are reasonable in their terms and necessary to protect the employer. You should have a lawyer review the non-compete to give you an opinion as to its enforceability.
answer to As a sub contractor with a non compete and I am fired can the non compete be upheld? posted May 25, 2010 3:23 PM [EST]
First - please understand that I have not agreed to be your lawyer, and that this is not legal advice. You should discuss this situation in detail with a lawyer.
In Pennsylvania, (in the absence of a contract or bargaining agreement) employment is "at will" - which means that the employer does not need any reason to fire you. You can be fired for good reason, bad reason or no reason at all.
As a rule, only terminations related to age, gender, disability, race, ethnicity or whistleblowing are unlawful. If your employer truly fired you because of bad credit and no other reason, he or she probably didn't break the law.
answer to suspended for bad credit posted Apr 19, 2010 5:09 PM [EST]
In Pennsylvania, (in the absence of a contract or bargaining agreement) employment is "at will" - which means that the employer does not need any reason to fire you. You can be fired for good reason, bad reason or no reason at all.
As a rule, only terminations related to age, gender, disability, race, ethnicity or whistleblowing are unlawful. If your employer truly fired you because of bad credit and no other reason, he or she probably didn't break the law.
answer to suspended for bad credit posted Apr 19, 2010 5:09 PM [EST]
The Fair Labor Standards Act - the federal counterpart to Pennsylvania's Wage Payment and Collection Law may apply as well, depending upon the characteristics of the business. In practical terms, it may be difficult to find a lawyer to take your case because of the amount of money involved.
You can bring suit in magisterial district court if the amount in controversy is less than $8,000.00, and the process is generally simpler than county or federal court. You can find the appropriate court here: http://www.aopc.org/T/SpecialCourts/MDJSearch.htm
answer to Can my employer issue paycheck but insist it not be cashed or deposited yet? posted Jan 7, 2010 11:49 AM [EST]
You can bring suit in magisterial district court if the amount in controversy is less than $8,000.00, and the process is generally simpler than county or federal court. You can find the appropriate court here: http://www.aopc.org/T/SpecialCourts/MDJSearch.htm
answer to Can my employer issue paycheck but insist it not be cashed or deposited yet? posted Jan 7, 2010 11:49 AM [EST]
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