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Vicki Kuftic Horne
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Vicki Horne’s Answers

19 total


  • Do I need a labor law attorney?

    Can I establish a class action law suit against an employer in Pennsylvania if there are twelve managers who resigned, within the last four months, as a result of a hostile work environment created by the employer's Executive Director of the Senio...

    Vicki’s Answer

    Based upon the limited facts provided, this does not present as a possible class action claim. Further, Pennsylvania is an at-will employment state. If the employment atmosphere is simply generally difficult, unhappy or strained, the employee has the option to quit. Protection under the law is generally limited to circumstances of a hostile environment based upon sex, although discrimination based upon other protected classes (such as race, age, religion, handicap, etc.) may involve hostility in communications or atmosphere. You have only suggested a generally hostile work environment. In that event, if the employer is not willing to change, the general option is to quit.

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  • Legal Customer Service Personal Information

    I recent had a manager tell me she gave out my personnel information ;name and last name as well as cell phone and my facebook to a customer that wanted to get to know me. She told another person and myself that she did this. Is this leg...

    Vicki’s Answer

    The action of the manager was an inappropriate disclosure of your private personnel information without your consent. It is proper for you to make a formal complaint. You are best advised to document that in writing. If there is a personnel office or HR, you may make the complaint directly to that office or at least provide a copy of the written complaint to that office. Make sure you keep a copy. You may want to meet with the manager's boss to provide the written complaint and express your concern and to request that appropriate action be taken to ensure this does not occur again. There is always the possibility that the company could retaliate, which, if that occurs, may give rise to an independent claim for loss of the wages and benefits of your employment. Having the complaint in writing is important evidence of having made a complaint. You may want to obtain legal advice to assist you as you make your complaint and communicate with management.

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  • Do I need a lawyer for being laid off 3 days before I gave birth.

    I worked for a sales and marketing company as a contract employee. I took a position on a contract simular to one I had worked before and had huge success. I started off in the home theater and local agents side and was asked to take a different ...

    Vicki’s Answer

    You should review this matter with a lawyer in that additional information is needed. You may have a legal claim but that will depend upon the overall factual circumstances, including such considerations as how long you were employed, when you accepted the transfer, whether you were pregnant at the time of the initial transfer. Each case is different and the specific facts and timing of events may be significant in this instance.

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  • Can an employer in PA fire an employee after an employee posts a bad review (anonymously) on a business rating site?

    The employer claims that they "know" it was that employee that posted this information about flaws in the company; but this site is 100% anonymous.

    Vicki’s Answer

    Consistent with the other postings, I agree that, in general and assuming your are not part of a collective bargaining unit with a union contract, the employer is free to terminate your employment. Another exception to that may apply if you are engaged in public employment and the statement could be considered an expression of a First Amendment right to free speech. It is less clear but also possible that the posting will prevent you from obtaining Unemployment Compensation. You should certainly file a claim, however, UC can be denied on the basis of conduct "inimical to the employer's interest."

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  • Can an employer replace you when out on medical leave for a broken ankle ? is this a violation of family leave act ?

    my employer said that he replaced me in my job because he in his personal opinion thought I wouldn't be coming back, even though I checked in with my manager after every trip to the doctor to update them when I was released to return to work with ...

    Vicki’s Answer

    You may have a claim for violation of the Family and Medical Leave Act and independent claims for age discrimination in employment. There may be additional claims available under your state law. You should seek the advice of legal counsel in the jurisdiction where you reside and/or are employed.

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  • Possible to sue insurance company for annuity distribution misrepresentation?

    When I was sold my annuity, I was told my annuity base amount would guarantee me lifetime withdrawal for myself or my wife until death equal to 6% of my base annually. The base for this payment could increase each year but never decrease from it's...

    Vicki’s Answer

    Thank you for your inquiry. My practice is in Pennsylvania and I have pursued many claims with facts similar to yours. You do have a basis for recovery. Your agent did have obligations to you and, in particular, the duty not to misrepresent material facts concerning the annuity. The issuer of the annuity and/or the employer of your agent may also have responsibility. You should certainly obtain legal review of your particular circumstances.

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  • Am I being targeted for resigning?

    I resigned my position of two years for a better job. I had two expense reports I had to submit. When I submitted them, I was asked to also provide receipts. In the past I was never asked for receipts. In speaking to current employees, they tell m...

    Vicki’s Answer

    You cannot discriminate against an employee in terms or conditions of employment based upon such factors as sex, race, religion, handicap, age. However, there is not a law of which this office is aware that requires all requests of employees to be uniformly applied. In that you have no ongoing relationship with the employer, the former employer may be seeking further verification at this time. That is not, on its face, unreasonable. My recommendation is that you honor the request and provide the receipts. If you cannot, provide an explanation for why not (including that receipts have not been historically requested). Then provide any additional information available to you to verify the expenses. Good luck with your new position. That is the most important focus.

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  • Sexual harassment at work?

    My friends boss and another coworker are harassing her at work DAILY .. One guy follows her up the stairs and makes pumping gestures behind her..and another makes comments like would you F that guy over there for a thousand dollars ... And told h...

    Vicki’s Answer

    Your friend should seek legal advice. These types of situations can be complicated and require more background and detailed evaluation. The employer has an obligation to take appropriate action but that does not have to be action defined by the employee. Your friend does not want to place herself in an even more difficult situation. She was certainly right to complain but the owner needs to and will dertermine the appropriate corrective action.

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  • Is my non-compete agreement still valid?

    I currently work for a captive Insurance agency, salary only. If the business was sold to another person &. I choose not stay with the new owners, Is the original non-complete agreement I signed with original my boss still valid; & does it stop m...

    Vicki’s Answer

    The answer to your question depends on a variety of factors, the most important of which are the specific terms of your agreement, the nature or form of the sale of the business and other considerations. This is the type of matter that should be reviewed personally with an attorney. An up front review of the contract and your options can best position you to move forward effectively. You should not base any action you take on general answers provided in this forum.

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  • Can I make a claim against my previous employer for misrepresentation during the interview/hiring process?

    I was interviewed and hired by an employer and they were in liquidation (an ABC, actually) on my 17th day of employment. When i was interviewing & hired, i was told that sales were strong, introducing new products (same month i started), recent l...

    Vicki’s Answer

    Generally, a claim is for unpaid wages through date of termination. You do not indicate the size of the company or whether you were hired away from an existing position. On the subject of the company size, it is possible that the unit that hired you was not aware of the overall status of the company. That is often information that is kept very close until the liquidation actually occurs. Even if there was knowledge, if you were not employed at the time of the hire, there was nothing you gave up in order to take that position. So, the answer is, very likely, you do not have an independent avenue for relief but more information is needed before that question can be completely answered.

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