Samuel John Cordes’s Answers

Samuel John Cordes

Pittsburgh Employment / Labor Attorney.

Contributor Level 5
  1. If I request time off for religious reasons--say, to celebrate Christmas--is my employer required to honor that request?

    Answered about 2 months ago.

    1. Samuel John Cordes
    2. Richard Forrest Gould-Saltman
    2 lawyer answers

    An employer has an obligation to reasonably accommodate a sincerely held religious belief unless doing so would cause an undue hardship to the business. The Supreme Court has held that anything more than a little cost would be undue in a religious accommodation context. You need to request this accommodation, and then be ready to engage in a conversation with the employer about alternatives if any if the employer cannot accommodate that request

    Selected as best answer

  2. Is my non-compete agreement still valid?

    Answered about 1 month ago.

    1. Samuel John Cordes
    2. Christopher Edward Ezold
    3. Rochelle S. Rabin
    4. Vicki Kuftic Horne
    4 lawyer answers

    Generally, the answer is no. Your non-compete is with Company A. When Company A goes out of business there is no need for it to have a non-compete. Because non-compete agreements are in derogation of an employee's ability to make a living, they are disfavored, most courts--especially in Pennsylvania--will look for whether there is a need for such employer protection. You and your original boss "agreed" you would not compete with it. There is no such agreement between you and the new company....

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  3. I would like to know if I could ask a boss for hush money so I won't go public about what's going on in his company.

    Answered about 1 month ago.

    1. Stephan Isaiah Voudris
    2. Richard Francis Chambers II
    3. Samuel John Cordes
    3 lawyer answers

    There is a fine line between extortion and legitimately trying to resolve a valid legal claim against your employer short of litigation. If you have been sexually harassed, and you have complained to your employer and it has not taken action reasonably calculated to stop the harassment, you would have a valid claim. There is nothing wrong with trying to resolve this before you file an EEOC or state law charge. On the other hand, just because you are aware of some illegal conduct by your...

    2 lawyers agreed with this answer

  4. Do I have a case against my ex employer? I got recruited to work as a car salesman and work for the dealership for 2 months.

    Answered 3 months ago.

    1. Samuel John Cordes
    1 lawyer answer

    Your case would be controlled by the Pennsylvania Wage Payment & Collection Law. That law requires that compensation be paid when it is owed. Whether it is owed or not depends on the agreement betwen the parties. Here, you and the employer agreed that if you sold 40 cars, you would receive the $8k bonus. You did not, and so you are not owed the money. The next question then is whether there is a claim in Pennsylvania for discharge to prevent payment of wages that would be due, if the employment...

    2 lawyers agreed with this answer

  5. Illegal Employment interview question

    Answered about 1 month ago.

    1. Samuel John Cordes
    2. Stephen D. Berman
    3. Adan G. Vega
    3 lawyer answers

    Regardless of where your question was posted, the short answer is that the potential employer is not necessarily violating the law by asking the question, BUT, if the employer does not hire you, what the interviewer said is going to be extremely important evidence that your age was a determining factor in its failure to do so. The Age Discrimination in Employment Act (ADEA) makes it unlawful to refuse to hire or discharge an employee or applicant who is older than 40 because of his/her age....

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Was fired and they want me back.

    Answered about 1 month ago.

    1. Samuel John Cordes
    2. John B. Dougherty
    2 lawyer answers

    Your unemployment will be affected if you turn down a job--even if it is an offer from a former employer. The "hostile environment" issue is not going to excuse you from declining the offer, unless you have some proof that the employer will create a severe and pervasive environment because of your sex, and that a reasonable person in the same position would quit. You are not going to be in a very strong legal position to obtain unemployment compensation benefits if you do not go back to work.

    1 lawyer agreed with this answer

  7. Recieved a letter from my employer stating that i will be paid for overtime but in return they are cutting my pay is that legal

    Answered about 2 months ago.

    1. Samuel John Cordes
    1 lawyer answer

    Like many questions in employment law, the answer is going to depend on why the employer is doing what it is doing. First, an employer can cut your pay for any work done the day after it alerts you to this pay cut. For example, if I agree to pay you 100 a day, and you work on Monday and Tuesday based on that, I have to pay you the 100 per day. If at the end of the day on Tuesday, I tell you that starting tommorow I will pay you $95 a day, I can do that. If you do not agree you can not work but...

    1 lawyer agreed with this answer

  8. Do we have a case of discrimination

    Answered 3 months ago.

    1. Edward Clement Sweeney
    2. Samuel John Cordes
    3. Raymond Karl Schultz
    3 lawyer answers

    Unfortunately, the Pennsylvania statute precluding consideration of a criminal record ONLY applies to failure to hire decisions, NOT discharge decisions. The statute has been interpreted by courts to means that employers are precluded from refusing to hire based on criminal record unless they show the criminal conviction is job related. On the facts that you outlined, you would have no case, unless the employer treated criminal convictions differently based on race, sex, age, disability, or...

    1 lawyer agreed with this answer

  9. How do I go about a check being cashed from a job that bounced

    Answered 3 months ago.

    1. Samuel John Cordes
    2. Karen Elizabeth Eichman
    2 lawyer answers

    Your claim would be governed by the Pennsylvania Wage Payment & Collection Law. If you have earned the pay, it must be paid to you by the next regular payday. If the check bounced, then it was not "paid to you" and you could sue the employer not only for the money it should have paid you, but also for a 25% penalty, as well as attorney fees and costs.

    1 lawyer agreed with this answer

  10. Am I entitled to my husband's employment discrimination lawsuit settlement?

    Answered 3 months ago.

    1. Kathryn L. Hilbush
    2. Susan Ellen Grosh
    3. Samuel John Cordes
    3 lawyer answers

    Lawsuit proceeds are property, so if the property was acquired during the marrage, it may be subjected to equitible distribution. So it seems as if the question is going to be whether the injury caused by the discriminatory discharge occurred during the marriage. You say you are separated. When was spouse discharged? If it was after separation, the answer is no you are not entitled to share in the proceeds of the lawsuit.

    1 lawyer agreed with this answer

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