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 about 1 year 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 a landlord terminate a lease prior to ending date due to repeated late payment by the tenant

    Answered 17 days ago.

    1. Kimberly J. Kisner
    2. James S. Tupitza
    3. Alan James Brinkmeier
    3 lawyer answers

    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'...

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

    Answered about 1 year 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

  4. 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 about 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

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

    Answered about 1 year 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.

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  6. 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

  7. AM I PROTECTED BY ADA IF I EXHAUST MY FMLA LEAVE?

    Answered 17 days ago.

    1. Edward Clement Sweeney
    2. Kimberly J. Kisner
    2 lawyer answers

    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.

  8. 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 about 1 year 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.

  9. 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 about 1 year 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.

  10. 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.