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Edward Clement Sweeney
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Edward Sweeney’s Answers

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  • My new neighbor in PA is encroaching on my property. When I talk to them they stop, then they just go ahead and start all over.

    I have a rental property in PA. The new neighbors are doing extensive landscaping. One day my tenant came home and discovered all the shrubs and a large tree had been removed from my side yard. I spoke with the neighbors and had to hire a surveyo...

    Edward’s Answer

    Send them a letter through an attorney reciting the above facts, saying that its your property, asking them to immediately remove the trees, and threatening to take them to court might be one step short of going to court. I would not be surprised if you need to take these people to court..

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  • Should I hire an attorney for being lied about by a supervisor that resulted in lost wages, and stricken discipline against me?

    I work for a large food manufacturer in pa. I am a good employee, show up for work, work hard, and have never been in any sort of trouble at this place, or any other place of employment. I have a sleeping disorder and anxiety, and one night was...

    Edward’s Answer

    You should hire a lawyer to protect your job. If you have never reported you have a disability, you will ultimately have a difficult case if you get fired. Forget the suspension and striking the discipline. Not likely to happen unless you told them of your disability already,. This looks like a situation where you need a lawyer to advance that you need a reasonable accommodation for your disabilities, and your lawyer will have to coordinated with your medical professionals.

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  • Can a company phase out or eliminate a long-standing position?

    Female, late 50's, employed with the same company for 30+ years, no bad reviews

    Edward’s Answer

    Sounds like it could be possible age discrimination to me. They can be tough cases. Go with someone with experience. Contact an employment lawyer and see how many age discriminations cases they have done.

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  • Our UPDATED Policy & Procedure Manual there is NO indication or reference to sexual harassment, does this mean it is tolerated?

    I'm being sexually harassed, Revised July 2015 Policy & Procedures Manual There is NOTHING on Sexual Harassment. The closest I could find is EQUAL OPPORTUNITY EMPLOYMENT " Any form of harassment related to an employee's race, color, religious cree...

    Edward’s Answer

    I am sorry for this situation. You sound like you are being retaliated against. You do need the advice of an employment lawyer.

    This may be enough to be considered a sexual harassment policy, while perhaps it could be much better written. It tells you to report your situation to the HR Manager immediately. You should do so. Failure to report sometimes makes a case much tougher. These situations are always difficult and cause alot of stress in the workplace. However, you are doing the right thing by not quitting. You should immediately seek counsel of an experiened employment law attorney to give you advice.

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  • Does an employee of a business have the right or authority to physically throw you out.

    Without having trained security, or door man or anyone trained for this, does the business owners son have the right to grab me from behind with intentions to forcible thow me out, when i was already at the door leaving. Its like i went to step ou...

    Edward’s Answer

    No, he does not have a right. No one can touch you without your consent. If there is nothing more to the situation, he may be liable for an intentional tort called "battery." However, if you were not hurt, I question how much the case will be worth. I would not hire an attorney to pursue it on an hourly rate basis.

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  • Insurance at work questions.

    I work for a small company and my boss charges $50 if we employees work between 70 - 75hrs bi weekly and $100 if we work under 70hrs. Now last year I injured my back at work and was forced to miss several days of work and was charged $100 for mi...

    Edward’s Answer

    If you qualify and are out on FMLA leave, the Employer has to continue its share of the health insurance but you have to pay your share upon request by the employer within 30 days. The wage issues seem very suspect and need further review. Sounds illegal to take money from someone who is out of work for a work injury simply because they are out.

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  • What rights do I have as a management level employee?

    I have worked at a non profit for 17 years. I am in a management position responsible for programming and a litany of other things. Most recently an employee's position was eliminated and he has been emailing the board since February asking for an...

    Edward’s Answer

    Unfairness is not illegality. This sounds unfair, but nothing you have articulated makes me think you have a case. I would pay for an employment law consult and make sure that there is nothing, This sounds like you are on the potentially losing end of office politics. If you have been there over 17 years you are likely 40 or over and may have the makings of an age case, but so far, your explanation of what is occurring is not a case.

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  • Is it discrimination if a new office policy is written regarding cellphone use and office behavior and only given to 1 employee

    This is a dental office with a receptionist, 2 hygienists, a dental assistant, and 3 dentists. All have cell phones and all use them for personal reasons at anytime during the day unless they are with a patient. I was not written up for anything...

    Edward’s Answer

    No, probably not. Did they do this because of your race, color, ethnicity, age, sex, national origin, disability or other protected class? If not, you don't have a case. Also, you need what is termed an "adverse action." Here, deprivation of cell phone use doesn't sound like a case at all. You have suffered no adverse action with the meaning of the law, which is usually something significant like a suspension, change in shift, etc. Cell phone use is not the sort of thing I think qualifies. It is not illegal to single people out. It is illegal to commit adverse actions to people because of their membership in a protected class. Finally, you have little in the way of damages . . . deprivation of cell phone use during company time is not something even if considered and adverse action where most people would think you have been terribly harmed.

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  • My realtor knew I was not of sound mind at closing how can I void the contract.

    Soldier being medically discharged for severe chronic PTSD. Including chronic insomnia which effects my ability to concentrate and reason. I purchased and closed on a home recently and everything about the house and area (there is what sounds lik...

    Edward’s Answer

    Thank you for your service. Sorry, I don't see really anything here. You could resell the house. Unfortunately, "my realtor forced me to do it" is a claim that would be against her and not the sellers. You sign so many documents at closing that your alleged compulsion sounds like a really tough sell. Such a case would be really hard to win and does not go to a right you had to void the sale. Perhaps if you were legally incompetent to make the purchase you would have something. However, that road may not be a wise way to go. Challenging your own competency can have affects in other areas of your life. Perhaps you should consult the Veterans representative in your County to see if they have resources for veterans with mental issues and that person can suggest something that would help.

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  • Case worthiness???

    I was in a construction accident where a major trucking company hit a work truck I was standing on. I have 250 thousand dollars of medical added up already. Just curious of what I can expect as compensation as a minimum? Please help my brain is go...

    Edward’s Answer

    Always good to have a case where you were at "zero" fault. Truck cases are usually among the most lucrative for seriously injured people who have no fault when they are injured by trucks. A major company's truck typically have several million dollars of insurance (because they are commercial and otherwise you could collect your loss directly from the company). In some cases, like DUI for instance, a person can not be at fault but the drunk driver is judgment proof and has not insurance and you will never collect anywhere near full dollar for your case. So, for evaluation purposes, you have a case that would instinctively appear one where you can collect your full damages.

    Sound like it would be a case with possibly two sets of recoveries: one in workers' compensation and one in personal injury. Our firm has recently concluded a case involving a work-related truck injury for a Reading client. However, it is impossible to tell how much the case might be valued without knowing more. Are you permanently injured? Have you suffered a brain injury? Are you paralyzed? Do you have trouble walking? Was there an amputation? What is your lost earnings? If so, will your loss of earning(s) continue, and how much is predicted? Are you back to work? Will you ever go back to work? How old are you? What did you earn at time of injury? When is it predicted you will be back to work? What current limitations do you have? What ongoing limitations do you have? Was there any serious surgeries performed on you (e.g., rod and pin placement? Will you have to give up your occupation and try to do another one with lighter duties? Without answering these questions and others, there is no way of knowing how much the case can be worth.

    You can collect for your loss of earnings and future loss of earning, medical bills (must be paid back or negotiated downwards, pain and suffering, your permanent injuries, and any scarring or loss of bodily functions.

    The big picture is you have two possibilities for recovery: personal injury and workers' compensation. You should be receiving ongoing work injury benefits if you are out of work. That pays you two third of your wages up to a state wide maximum. There is almost always in a serious work injury the possibility of settling in a lump sum at the end of the case. This resolution is in addition to your personal injury case, which should also be resolved with positive resolution usually in a lump sum but sometimes with a structured settlement. The 250,000 in meds will almost 100% of the time need to be paid back out of your personal injury settlement to the payor of your medical bills, in this case, most probably the workers' compensation carrier.

    You have a complex case which needs a law firm experienced in handling this type of case. Given the lien issue and the need to maximize your recovery, you should get a law firm skilled in handling both personal injury and workers's compensation issues in.

    In these cases, your workers' compensation insurer probably paid all the medical bills. They will have a lien on any personal injury recovery. An attorney will typically try to negotiate that downward. Notwithstanding, absent settlement of the lien and assuming the case went to trial, the jury at minimum would hear that you sustained the amount of the lien as medical damages as well as all the time you missed and are estimated to miss from work. This is a number the jury will hear and is known as "boardable" (put on board so the jury can see it) loss. Your pain and suffering is something the jury can consider but it cannot be quantified by a number in either Pennsylvania court or our local federal court. (I assume you were injured locally) The attorney representing you would typically engage several experts to testify on your present and future medical condition (a doctor), your ability to work (a vocational specialist), and someone to forecast your loss wages (an economist).

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