Answers Posted By George Barron

Answer to I am a mother to a 4 year old with Down Syndrome dealing with discrimination at my job. In 2013 after a friendly manager warned that upper management was complaining about my time out of the office, I requested FMLA. I have worked at my company for over 1

Based upon your narrative, it appears that you may have a claim against your employer. You should talk to an employment lawyer.

I believe that Attorney Ezold misspoke in his answer. The Equal Employment Opportunity Commission (EEOC) and Pennsylvania Human Relations Commission (PHRC) DO NOT have jurisdiction over FMLA claims. An EEOC or PHRC filing WILL NOT protect your FMLA rights.

FMLA suits are brought directly in federal court. You have 2 or 3 years (depending upon whether the violation was "willful") from the violation to bring suit under the FMLA.

It is unlawful for an employer to retaliate against an employee because of that employee's use of, or request for, FMLA leave.

In addition, it is a violation of the Americans with Disabilities Act (ADA) and the Pennsylvania Human Relations Act (PHRA) for an employer to discriminate against an employee because of that employee's association with a disabled individual, such as a child.

A PHRA claim must be brought before the PHRC within 180 days of the violation. An ADA claim must be brought before the EEOC within 300 days of the violation. The PHRC and EEOC have a work-sharing agreement under which you can file with one of the agencies and request that the action be jointly filed with both. These claims can later be brought in court, but must be properly filed with PHRC/EEOC first.

George Barron, Esq.
(570) 824-3088

posted Jul 27, 2016 12:00 PM [EST]

Answer to I was recently terminated from my job due to a sexual harrassment claim.

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.

posted Jul 25, 2010 2:36 PM [EST]

Answer to As a sub contractor with a non compete and I am fired can the non compete be upheld?

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.

posted May 25, 2010 12:23 PM [EST]

Answer to suspended for bad credit

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.

posted Apr 19, 2010 2:09 PM [EST]

Answer to Can my employer issue paycheck but insist it not be cashed or deposited yet?

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

posted Jan 7, 2010 09:49 AM [EST]