Kimberly J. Kisner’s Answers

Kimberly J. Kisner

Pittsburgh Employment / Labor Attorney.

Contributor Level 7
  1. If I'm renting an apartment and it states the landlord is responsible for a/c and it breaks.. but he won't fix it

    Answered 9 months ago.

    1. Kimberly J. Kisner
    2. Nellie T. Schulz
    2 lawyer answers

    If your written lease agreement actuallys states that the landlord is responsible for providing air conditioning and is responsible for repair and maintenance of the air conditioning unit, then you have a good claim. Make sure you open a separate account and put your rent in escrow and advise him or her that you have done so. Good luck.

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  2. Can my landlord retain my security deposit, claiming it for "breach of terms and conditions of the lease?"

    Answered 9 months ago.

    1. Kimberly J. Kisner
    2. Nicole M Hauptman
    2 lawyer answers

    I would ask the landlord to specify the "breach of terms and conditions of the lease." If your landlord knew about the friend and didn't do anything at the time, you could argue that you are still required to your security deposit back (assuming this is the breach to which your landlord refers) because he or she didn't charge you an additional fee at the time or object at the time.

    1 lawyer agreed with this answer

  3. After the 12 week FMLA is met is my employer responsible for saving my job? Can I be told there is no position available?

    Answered almost 5 years ago.

    1. Kimberly J. Kisner
    1 lawyer answer

    Employers subject to the FMLA are only required to save your job for 12 weeks. However, your employer should have provided you with notice that it could no longer continue to hold your job open for more than 12 weeks. You may have recourse if they didn't comply with FMLA mandates. I am surprised you weren't recieing long term disability if you were out that long. You should check on your disability benefit status asap. Ultimately, if there is no job for you to return to, you will qualify for...

    2 people marked this answer as helpful

  4. Is my company liable because I lost my position and benefits while out on FMLA?

    Answered 9 months ago.

    1. Kimberly J. Kisner
    1 lawyer answer

    The employer was obligated to return you to the position if you could perform the position. Since you did not pass, you could not perform the position. They are not obligated to hold the position open until you pass or give you a similar salary and benefits.

    1 person marked this answer as helpful

  5. My brother and his wife reside in a home, which my brother and I own. We owned this house prior to their marriage. They moved in

    Answered over 3 years ago.

    1. Kimberly J. Kisner
    2. Clifford L. Tuttle Jr.
    2 lawyer answers

    If she cannot be classified as a tenant under the law, it sounds like you might have to file an ejectment action in the Court of Common Pleas. Of course, she could potentially have an interest in the property because she is your brother's wife, irrespective of whether she "owns" the property. This could hinder your ejectment action. Your brother needs to hire a divorce attorney and start negotiating a marital settlement that would involve her exit from the property or a court order for the same.

    1 person marked this answer as helpful

  6. If I am the employer, and I mistakenly pay an employee for a period after he was fired, what is process for recouping money?

    Answered 9 months ago.

    1. Kimberly J. Kisner
    1 lawyer answer

    I would write a letter requesting return of the unearned funds paid in error. If he or she doesn'r return the money, you can file a claim with your local magistrate for unjust enrichment.

  7. Can my employer hold my pay until my next scheduled work day? Can she also clock everyone out at a certain time and day.

    Answered 9 months ago.

    1. Kimberly J. Kisner
    1 lawyer answer

    Your employer should not be clocking you out because it is not an actual reflection of the time you worked. You have a right to be paid for all time worked and your time card may not reflect all time you actually worked if our employer clocks you out. An employer is required to pay at regular intervals. If they want to change the date they distribute payroll by a day within that regular interval, the employer can do so.

  8. Can my employer change my job from salary to hourly without my consent?

    Answered over 3 years ago.

    1. Kimberly J. Kisner
    2. Alan James Brinkmeier
    2 lawyer answers

    Your employer can change you from salaried to hourly without your permission. To the extent you are working fewer hours, you can apply for partial unemployment. If you quit or refuse hours, you will not receive full unemployment.

  9. Is management allowed by law to deny it's employee the ability to leave work early to pick up a sick child from school?

    Answered over 3 years ago.

    1. Kimberly J. Kisner
    1 lawyer answer

    Employers are not required to provide any type of sick leave for employees ir their children under PA law. If, however, the employer is large enough and the federal Family Medical Leave Act applies, the parent could be permitted intermittent leave or time off for this purpose if the child was sick with a serious health condition.

  10. Angelina agreed to sell her house to frank, but frank has now changed his mind. i just want to know about possible remedies for

    Answered over 3 years ago.

    1. Kimberly J. Kisner
    2. Mitchell Reed Sussman
    2 lawyer answers

    All contracts for the sale of real estate have to be in writing to be enforceable. Is the contract in writing? If so, was there hand money or a deposit exchanged? If so, keeping the deposit may be the remedy but an attorney should review the contract to advise what remedies are available and whether Angelina can be forced to sale through something called speific performance.