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Stephanie J. Mensing

Stephanie Mensing’s Answers

4 total

  • Headhunter rescinds verbal job offer after company runs my credit check. Do I have a case?

    The headhunter has the middle man the whole time. We ironed out all issues and I was extended a verbal offer, after some final negotiation all that was left was for the organization to run my credit/background check. Later that day on my credit ch...

    Stephanie’s Answer

    You may have a claim under (1) the Fair Credit Reporting Act (FCRA) and/or (2) the Americans with Disabilities Act (ADA).

    First, the FCRA imposes certain requirements on employers who conduct pre-employment credit checks. If an employer decides not to make a job offer because of a credit report, it must inform you (the rejected applicant) of the name and address of the credit agency that supplied the report, a statement that the credit agency did not make the decision, and a notice of your right to dispute the accuracy of the credit report. You can read more about these (and other) requirements and your rights here: http://business.ftc.gov/documents/bus08-using-consumer-reports-what-employers-need-know

    Second, you may have a claim for discrimination under the ADA since you are associated with a family member who may be disabled.

    Since employment cases are very fact specific, you should consult with an employment attorney with whom who can discuss the facts of your situation in detail and advise you regarding potential claims under federal and/or state law.

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  • I purchaced a car for a friend. The title is in her name. She paid back $60 of $2800. How do I get my money its 1 year now?

    I have a canceled check and also purchaced the plates/ paid the taxes. The car is in her name and insured by her.she is avoiding me and phone calls. I need the money. can I get her tax refund or repo the car or put a wheel block on it????

    Stephanie’s Answer

    Even though you do not have a written contract, you can still file a lawsuit against your friend based on breach of contract. Based on the dollar amount, you may want to file a lawsuit in small claims court (called district courts in Pennsylvania). The form complaint is very simple. Once it's filed, the court will serve your friend and a hearing will be scheduled.

    While not ideal, you can represent yourself at the hearing, which often happens in small claims court. Typically, when both parties represent themselves, the judge will ask both parties what happened and then issue a decision. You will want to have copies of the cancelled check and any other relevant documentation to show the judge.

    If you obtain a judgment in small claims court, you can then attempt to collect the judgment. If you have a cancelled check from your friend, you know where she banks so you could levy your friend's bank account (assuming she hasn't changed banks). Your local district court may have information/forms that could help you collect the judgment (if you win).

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  • I have 2 non-traffic citations for retail theft. Will this prevent a career as a psychologist?

    What other consequences will I face? This is my only criminal offense. I live in Pennsylvania. I'm scared and regretful. I have impulses to steal regularly and Usually it's petty things such as pens or chapstick. I usually throw them away after I...

    Stephanie’s Answer

    To become a licensed psychologist in Pennsylvania, you must apply to the State Board of Psychology. Since the board requires a criminal history report, this may prevent you from obtaining a license. I think the board would consider the circumstances of the incidents, the period of time between the citations and your application, your age at the time of the citations, along with other factors. You may wish to consult with an attorney who specializes in licensing issues if you are serious about pursuing a career as a psychologist.

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  • I WAS TOLD THE DEPT I WAS WORKING FOR WAS 'GOING IN A DIFFERENT DIRECTION.' THEREFORE FIRED. IN PA, HOW LONG CAN THEY KEEP MY

    FINAL PAYCHECK?

    Stephanie’s Answer

    Pennsylvania's Wage Payment and Collection Law requires payment of earned wages no later than the next regular payday (the day you would have received that check had you remained employed). If you don't receive your final paycheck, you can file a complaint with the PA Department of Labor and Industry or you may wish to consult an attorney.

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