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John A. Gallagher

John Gallagher’s Legal Guides

21 total

  • FLSA Exemptions: The Bona Fide Executive Test

    IS IT POSSIBLE I AM ENTITLED TO OVERTIME EVEN THOUGH MY EMPLOYER SAYS I AM A BONA FIDE EXECUTIVE? Many, many employers misclassify their employees as being exempt from overtime, when in fact the employees are non-exempt (i.e. entitled to overtime). One could surmise this is not ...

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  • Can I Get Short-Term Disability and FMLA Leave at the Same Time?

    Family and Medical Leave and Short Term Disability: Can I Get Them Both at the Same Time If I Need to Miss Work Due to My Own Medical Condition?Without question, this is an issue that confuses many employees and human resource personnel. But, the answer is very simple: YES! And y...

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  • Fired for Using the Internet at Work? You May Want to Read This!

    We are seeing a major, major uptick in employees being terminated because they surfed the Internet at work. Indeed, as the attached Article makes clear, monitoring Internet usage at work is the newest HR focus.Why are employers doing this?To get rid of employees they do not want ...

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  • Can Tweeting, Blogging, Posting, etc. During Non-Work Hours Be Deemed Willful Misconduct

    Previously, I blogged about how employers looking for a "legitimate" reason to fire a "troublesome" employee are turning to spying on their employee's Social Media sites to find a basis for discharging the employee (or to support the termination in defending a lawsuit). The rece...

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  • What Charlie Sheen's Firing Tells Us about Us - Keep Criticism of Your Boss to Yourself!

    Recently, we have blogged on how employee's Facebook posts, Tweets, etc.are being monitored by employers.These blogs observe thatour normal conscious sense of "political correctness" isoften abandoned when we post or tweet responses to employment-based job stress. They surmise fu...

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  • Poor Performance Is Not Willful Misconduct under Pennsylvania Unemployment Law

    Well, the title says is at, but let me say it again: You cannot be disqualified from getting unemployment on the grounds of willful misconduct because your employer deemed you a poor performer. That does not, however, stop many employers from trying to beat you on your claim for...

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  • Why the Federal Government Will Never Make Discrimination against Unemployed Workers Illegal

    A recent Article from Huffington Post discusses an investigation by EEOC into whether employers are "discriminating" against the unemployed. This is analogous to inquiring, "Did you hear about the Titanic?' We haveBlogged on this issue in the past, noting that our discussions wit...

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  • Can I Collect Severance or Wages from a Company That Has Filed Bankruptcy?

    Recently, I posted two articles concerning claims for severance by executives and wagesby employees of bankrupt companies. In Pennsylvania, it is important to understand how these principles intersect with Pennsylvania's Wage Payment and Collection Law ("WPCL"). Perhaps the bes...

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  • See Spot Run: A Simple Overview of How Unemployment Works in Pennsylvania

    Lay Off Situations: Ordinarily, Pennsylvania unemployment benefits will immediately be provided to you if, in your initial application to unemployment, you indicate that you were "laid off." However, you should only indicate you were laid off if you were told your job was bein...

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  • Pennsylvania Unemployment: What is Willful Misconduct, Anyway!

    Willful misconduct is the term used to deny unemployment benefits to employees who have been terminated from work because they did something wrong. The term implies intentional or grossly negligent conduct by the employee, but we are finding that referees at unemployment hearings...

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