Kimberly J. Kisner's Answers

Kimberly J. Kisner
Pittsburgh Employment / Labor Attorney.
Contributor Level 6

1

Attorney answers:

  1. Kimberly J. Kisner

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

Asked by a user in Slippery Rock, PA - almost 3 years ago.

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

2

Attorney answers:

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

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

Asked by a user in West Mifflin, PA - over 1 year ago.

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

2

Attorney answers:

  1. Kimberly J. Kisner
  2. Alan James Brinkmeier

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

Asked by a user in Milton, PA - over 1 year ago.

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.

1

Attorney answers:

  1. Kimberly J. Kisner

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

Asked by a user in Carlisle, PA - over 1 year ago.

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.

2

Attorney answers:

  1. Kimberly J. Kisner
  2. Mitchell Reed Sussman

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

Asked by a user in Manchester, Pittsburgh, PA - over 1 year ago.

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.

1

Attorney answers:

  1. Kimberly J. Kisner

How long does a landlord have to keep a tenants possesions when tenant vacates apmt or gets evicted?

Asked by a user in Allentown, PA - over 2 years ago.

The answer depends on whether there is a provision of the lease regarding how many days a landlord will store tenant property following an eviction or termination. If there is no provision that controls, then the answer is the landlord must store it a reasonable amount of time. Most magistrates would define reasonable as at least a couple of weeks and perhaps a month or longer. However, the landlord can assess storage charges during this time.