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Scott Ivan Fegley

Scott Fegley’s Answers

325 total


  • Sexual Harassment In The Workplace?

    1 year ago I had a coworker who would make sexual comments about my butt. I filed a sexual harassment complaint and he was fired. I'm still employed at the same place and my employer rehired him this month. What are my rights? Do I have to be sche...

    Scott’s Answer

    It is certainly a potential problem for your employer knowing the history, but the law does not require your employer to refrain from hiring him or scheduling him as work demands dictate. If the co-worker makes sexual remarks again, you should make a complaint as you did before. If the situation does not resolve, then you have the makings of a very good sexual harassment/hostile work environment claim and should seek assistance from a qualified employment attorney at that time.

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  • How should I go about obtaining my unpaid commissions after resigning from my previous job?

    I have an email stating that they inteded to pay the commissions and all supporting documents. The commissions exceed $20k

    Scott’s Answer

    Commissions are wages under the PA Wage Payment & Collection Law. Have an attorney write a letter to your former employer informing the employer of the amount you allege you are owed and advising the employer that failing to pay wages due an employee for more than 30 days after the date of separation is a violation of the WPCL which may result in a 25% penalty and attorney fees and costs if further legal action becomes necessary to collect the commissions. That should get your former employer's attention.

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  • Can I sue my school district for harassment after having an arbitration hearing on my case with my Union.

    I'm a teacher and was harassed and suspended from work, so I left the school. I ended up losing over $20,000 and I am trying to determine if I should get a lawyer instead of having an arbitration hearing on the case, from what I know, I'm unable t...

    Scott’s Answer

    I don't believe pursuing a union grievance precludes pursuing a lawsuit for civil rights violations unless it is something peculiar to your contract. If the union fails to provide you fair representation, you may sue both the union and the employer. However, I agree you should consult a qualified employment attorney who can review your union contract and the facts of your suspension and counsel you on which remedies may be available to you.

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  • I was denied unemployment benefits. I appealed and have a phone interview scheduled next week. Should I retain an attorney?

    I was forced from my job because my boss continuously cut my hours to the point where I could not financially support myself. (I quit and found another job which did not work out. I filed a claim for NJ unemployment benefits, for which I was den...

    Scott’s Answer

    Hiring a qualified employment attorney to counsel you and represent you in an unemployment hearing is worthwhile. The attorney fee typically should not exceed several hundred dollars and the unemployment benefits at stake may be several thousand dollars or more. The attorney will hopefully tell you whether or not you have valid grounds for an appeal before accepting representation. In your case, if your hours were cut to the point where you could not financially support yourself, you may have an argument that there were "necessitous and compelling" reasons to quit that would still entitle you to collect unemployment benefits. An attorney will know the law, can research and bring certain cases to the attention of the hearing officer, and will know what questions to ask the employer and what objections to make. I am not a mechanic so I would never attempt to repair the engine of my car. You shouldn't assume an unemployment hearing is uncomplicated and all you have to do is tell you story. People who make that assumption often lose their benefits.

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  • Can my workplace make you punch out and continue to work for free.

    I work in a nursing home kitchen and were are scheduled from 6:30am to 2:30pm but never actually leave at 2:30 because of the amount of work we have to do and we dont get paid for staying later and we dont leave until 3pm sometimes even later caus...

    Scott’s Answer

    This is a clear violation of the Fair Labor Standards Act and the NJ Wage and Hour Law. You cannot be forced to work off the clock. A few years ago, Wal-Mart got hammered in Pennsylvania in a multi-million dollar class action lawsuit for, among other things, forcing employees to work off the clock. The nursing home obviously doesn't have as many employees as Wal-Mart, but there may still be enough for a class action. You should consult a qualified employment attorney familiar with wage and hour claims promptly. Feel free to contact me with more questions.

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  • Can I get my deposit back from a contractor financing fell through and they failed to tell me this within the 3 day period

    I put a deposit of $4300 down for siding and gutters on April 18th. I asked if they offered financing and I was told they did. 3 days later someone came put to measure and said work would begin the end of may. I heard nothing from them. Finally th...

    Scott’s Answer

    This sounds like a clear violation of the PA Home Improvement Consumer Protection Act. It may entitle you to three times your actual damages plus your attorney fees and costs. You should contact an attorney as soon as possible to assist you with this claim. Be sure to provide him or her a copy of the contract.

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  • Venue for a Lawsuit

    How is venue for a lawsuit determined? Most one of the parties live in the county that is used for venue? Can you file in a different county other than where one lives?

    Scott’s Answer

    Mr. Burnham is correct. It depends on the type of lawsuit you are bringing. For example, if it is a dispute over real estate, it must be brought in the county where the real estate is located. If it is an automobile accident, the lawsuit can be filed in the county where the accident occurred or where the defendant(s) live(s). Without knowing what type of lawsuit you wish to bring, I could not tell you what the proper county of venue would be.

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  • Can I sue for wrongful termination

    hi I'm pregnant and during my first trimester my morning sickness was so horrible that I was going to the hospital at least 2 times a week. I have been working that job since 12/29 And got fired 6/6 due to my morning sickness I had to call out ...

    Scott’s Answer

    Your case raises many questions. If you started working for the employer on 12/29/14 and were fired 6/6/15, then you were not employed long enough to be covered by the FMLA even if your employer does have 50 or more employees within 75 miles of your work location. The ADA may offer protection if you were experiencing significant complications with your pregnancy. I would need to know more about your medical condition. However, the discharge isn't discriminatory unless the employer did not discipline males for frequent absences such as yours. If the employer enforces its absenteeism policy uniformly, a pregnancy related illness won't excuse repeated absences any more than any other illness unless such absences are protected under the medical leave provisions of the laws I previously mentioned.

    You should speak to a qualified employment lawyer at once for a more thorough review of your situation. Any claim for discrimination or failure to accommodate under the ADA, Title VII or PHRA must be brought first as an administrative complaint with the EEOC or PHRC no later than December 5, 2015, or you will lose your right to take any legal action against your former employer.

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  • I don't know what kind of attorney I need to hire

    Prominent Life Insurance company allowed my ExHusband to withdraw all my money electronically from my account. I am told I have a lawsuit against them and my husband. I want to sue the Life Ins Co, and my Husband's errors and Omissions Insurance...

    Scott’s Answer

    You need a civil litigation attorney familiar with the courts in your area and with contracts and insurance claims. You should be able to locate an attorney in your area through this site or elsewhere online.

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  • Long term disability insurance - will they decline my claim ??

    Developed a case of back pain recently. Never had it in the past. It's bad, and debilitating. I can hardly walk or go to work. I'm taking strong meds and going to PT....all without much relief. Now this is the key point: I am about to acc...

    Scott’s Answer

    Often, disability insurance policies have a "look-back" period from the date of eligibility. For example, if you are eligible and enroll in the short term/long term disability benefit program of your employer on day one of your employment, then the look-back period may be three months prior to your first day of work. The insurance company will look to see whether you received any treatment or advise for the condition you are claiming as disabling in the look-back period. If there is so much as a doctor's visit reporting a complaint of back pain in the look-back period, the insurance company will probably deny your claim as pre-existing. Once you enroll, you have to be on the plan without a claim for a period of time, usually at least a year, before the look-back period goes away. Every policy depends on its own terms, so you will have to refer to the language of your policy. The above is some general examples based on my experience.

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