Brendan Daniel Hennessy’s Answers

Brendan Daniel Hennessy

Malvern Employment / Labor Attorney.

Contributor Level 6
  1. Employer won't contest unemployment? Decision was made in my favor and now they are appealing? Can they?

    Answered 10 months ago.

    1. Edward Clement Sweeney
    2. Brendan Daniel Hennessy
    3. John B. Dougherty
    4. Patrick William Murray
    4 lawyer answers

    I don't disagree with the other poster but I would not be surprised if the employer's right hand does not know what the left hand is doing. They will probably withdraw the appeal when they realize that the company agreed in writing not to contest benefits in your case. Often, the HR folks involved in U.C. benefits are not aware of severance provisions. Your lawyer should be able to get this resolved easily for you by reaching out to the company ahead of the hearing. If not, then I agree...

    4 lawyers agreed with this answer

  2. Is my non compete agreement valid if fired in pa.

    Answered about 1 year ago.

    1. Rochelle S. Rabin
    2. Brendan Daniel Hennessy
    3. Peter J Weinman
    3 lawyer answers

    The answer to this question depends on the specific circumstances. While a non-compete may be valid in Pennsylvania if reasonable, there is case law to support that it should not be enforced in equity where an employee is terminated for performance reasons. In brief, appellate courts have reasoned that if an employee is deemed to be "worthless" to the employer, in fairness, it should not keep the employee from obtaining employment elsewhere. As mentioned, however, the outcome is fact...

    4 lawyers agreed with this answer

  3. Offer on the table from my prior employer. My lawyer says to take it but I dont want to settle. Would going to mediation help?

    Answered about 2 years ago.

    1. Brendan Daniel Hennessy
    2. Michael Joseph Davey III
    3. Charles Anthony Rick
    3 lawyer answers

    A settlement is a compromise by its nature. You may be happy moving on and accepting whatever it is, even if it is only 1/10 of a year's salary. Your attorney can always make a counter if you think it is worth more. If the other side will not offer more, hopefully your attorney has appropriately informed you of the risks and costs of moving forward versus the potential award to allow you to make an informed decision. As to the other attorney, telling a prospective client (who is currently...

    3 lawyers agreed with this answer

  4. Can i file a discrimination suit against an employer who hired me knowing I have a criminal record but fires me after bground ck

    Answered almost 3 years ago.

    1. Forest Dean Morgan
    2. Brendan Daniel Hennessy
    3. Christine C McCall
    4. Darrel S Jackson
    4 lawyer answers

    This is probably not grounds for a discrimination suit, but the Pennsylvania Criminal History Record Information Act bars employers from denying employment based on a criminal conviction unless: 1.the conviction was for a felony or misdemeanor; 2.the crime has a sufficient connection to the applicant’s suitability for the position, and 3.the applicant is given written notice of the decision not to hire based on the conviction. You should consult with an attorney experienced in this area...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. How long does it normally take to get an appeal decision from the Board?

    Answered almost 3 years ago.

    1. Brendan Daniel Hennessy
    2. Michael Lawrence Doyle
    3. Catherine Elizabeth Bennett
    3 lawyer answers

    If it is an unemployment compensation decision from the Board of Review, it could take several months. For other Boards (e.g., ZHB), you would need to seek an attorney specialized in that area.

    Selected as best answer

  6. I was wrongfully terminated by my former employer who violated the FMLA regulation. Is it too late to file a claim?

    Answered 4 months ago.

    1. Brendan Daniel Hennessy
    2. Edward Clement Sweeney
    3. Vicki Kuftic Horne
    3 lawyer answers

    Did your employer have 50 or more employees? If so, they are obligated to provide 12 weeks of FMLA for each year served (assuming you worked there for about a year before requiring leave). The statute of limitations is generally two years for FMLA violations. Given the facts you articulate, there may be a basis for a "willful" violation which extends the statute of limitations to three years from the conduct. However, to make such a determination, an attorney would need to closely examine...

    2 lawyers agreed with this answer

  7. Is this non-compete enforceable?

    Answered almost 2 years ago.

    1. Stewart C Crawford Jr.
    2. Andrew Scott Abramson
    3. Brendan Daniel Hennessy
    3 lawyer answers

    This is a really complicated area of law and there are a variety of issues that could be explored, such as, whether the non-compete is enforceable in full or part, what state law governs the agreement, the breadth of the non-compete and whether it expressly includes suppliers or partners in its language. If you are contemplating an employment move or if you are concerned about the future given this non-compete, you should consult in-person with an attorney and go over the provisions of the...

    2 lawyers agreed with this answer

  8. Can my company (hospital) fire me after I have recently returned from achilles surgery?

    Answered about 2 years ago.

    1. Michael Joseph Davey III
    2. Brendan Daniel Hennessy
    3. Alan James Brinkmeier
    4. Bret A. Schnitzer
    4 lawyer answers

    Sounds like suspicious timing to me. You might have an FMLA/ADA retaliation claim. You should contact employment counsel immediately.

    2 lawyers agreed with this answer

  9. Can a non-compete contract in PA include a clause that prohibits you from hiring an employee of the existing firm?

    Answered over 2 years ago.

    1. Christopher Edward Ezold
    2. Brendan Daniel Hennessy
    3. Edward Clement Sweeney
    3 lawyer answers

    I agree that these restrictions are typically enforceable, although I have not seen a recent PA court addressing the legitimate business interest issue raised in relation to employee non-solicits. Generally, courts find that companies have a legitimate interest in maintaining a stable work environment and, if they have invested in employee training, a right to protect that investment. There a couple of jurisdictions that have stated that there is not a legitimate business interest to protect...

    2 lawyers agreed with this answer

  10. I was hired by a large multi national company about 10 months ago. I am female. Another female who had formerly been

    Answered over 2 years ago.

    1. Brendan Daniel Hennessy
    2. Christopher Edward Ezold
    3. Edward Clement Sweeney
    3 lawyer answers

    It sounds like you may be suffering retaliation for reporting same sex sexual harassment. You can report this internally to HR or to whatever authority is identified in the reporting procedure which is likely set forth in your employee handbook. If you don't get relief, you may want to retain counsel.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

We're ready to help. Contact us today.

484-875-3111