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Kimberly J. Kisner
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Kimberly Kisner’s Answers

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  • AM I PROTECTED BY ADA IF I EXHAUST MY FMLA LEAVE?

    I am getting close to the end of my intermittent FMLA leave and requested ADA Reasonable Accommodations with doctor medical certification for working from home (which my employer previously said they would not do even after receiving the doctor ce...

    Kimberly’s Answer

    You may be considered disabled under the ADA but, in my experience, courts don't usually make a determination than an employer must allow you to work from home for an undetermined period of time. It depends on whether you are asking that accommodation to be temporary or permanent and what your job entails. Depending upon your job, a flexible work schedule is the most likely accommodation you would receive. Extra time off after exhaustion of FMLA leave is a possibility under the ADA but not a given.

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  • Can a landlord terminate a lease prior to ending date due to repeated late payment by the tenant

    I am a landlord and took a risk on this tenant who appears to be a respectable woman going through a difficult time. The lease started in June, and I already am having trouble getting rent paid on time. Due to health issue, I don't want to be bo...

    Kimberly’s Answer

    • Selected as best answer

    Habitual lateness can be considered a material breach of the lease that justifies a finding of eviction. I think you need more than just two months of lateness to reach the level needed to evict. A magistrate or arbitration panel here in Allegheny County wouldn't likely evict unless the tenant was substantially late every month for perhaps 5 or 6months. And you still might not get possession if the magistrate or arbitration panel sympathizes with the tenant, who always manages to pay. I wouldn't likely try it if I were you at this point and I likely wouldn't try it in the winter, either, when it is harder to identify a tenant. I do hope you have a late fee provision in your lease which you are enforcing.

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

    Is it necessary to litigate? Do I just call employee? What are options?

    Kimberly’s 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.

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

    I was on FMLA from Oct until Jan 23 after the birth of my son. I was working as a nurse with a temporary license. When I took my boards on January 10, I did not pass, and my temporary license was no longer valid. I was told on January 15, that I n...

    Kimberly’s 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.

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

    I live in Pennsylvania. I thoroughly cleaned the apartment and left it much better than I found it. There is a clause in the lease that states the escrow deposit shall be sued by landlord in whole or in part for any breach of terms and conditions ...

    Kimberly’s Answer

    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.

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  • 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

    he acknowledged the problem because he sent repair c.o to fix but it's 20 years old and needs replaced it's been over a month but he won't replace it.. cause it costs 3 grand but he is responsible.. I complained to him told him I was putting the r...

    Kimberly’s Answer

    • Selected as best answer

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

    She clocks everyone out so she can get payroll done quicker, also they run their pay period from Thursday to Thursday..we get paid on Friday, now they are saying if we are scheduled to work on Saturday we can't get our pay until Saturday, but if w...

    Kimberly’s 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.

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

    I was approached by my employer of 8 years approximatly two weeks ago and asked about switching from a salried position to hourly part-time and drawing partial unemployment, OR findng another job. I stated that I would check on the unemployment e...

    Kimberly’s Answer

    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.

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

    My co-worker tried to call her husband (who used to work in the same facility as her, but now works for a different facility (but still with the same company)) in the hopes that he might be able to pick up their sick daughter from school. She coul...

    Kimberly’s 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.

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

    Angelina agreed to sell her house to frank, but frank has now changed his mind. i just want to know about possible remedies for my situation and also if the contract is enforceable.

    Kimberly’s Answer

    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.

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