Harold Mark Goldner's Answers

How do i prevent my father from getting fired when he whistleblow wrong doings by others in his store.

And now your answer from a Pennsylvania employment lawyer. First of all, your father does not have a Whistleblower claim under PA law. The PA Whistleblower Act only applies to employees of essentially PUBLIC employers (or private employers engaged in government contracts) who report conduct which wastes taxpayers' money. This is most assuredly NOT such a case. Secondly, I'm quite certain that employees are clearly instructed that they are not permitted to allow family members to use...

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I believe I was wrongfully terminated last week, can I sue my employer?

Pennsylvania is an at-will state in which you can be terminated for a good reason, bad reason, or no reason at all. The only exceptions are for violations of public policy, which has been defined by the courts as enactments by the Pennsylvania legislature or U.S. Congress. There is no private whistleblower law in Pennsylvania, so if you have objections to the manner in which your private former employer did business, you need to find another employer. You should be eligible for...

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Is this sexual harassment and/or stalking?

Mark's response above is great from a criminal perspective. My perspective is from one who mostly handles employment law disputes. This conduct is inappropriate. You should review your employer's sexual harassment policy and make an internal complaint pursuant to that procedure. Ideally, a confidential investigation will ensue, and the employer will take prompt remedial measures. If they fail to investigate the claim or take such measures, they find themselves strictly liable for the...

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Back to work after FMLA off again for another problem I am afraid they will fire me

Mr. Davey has provided you a good overview of the Family and Medical Leave Act. What's missing from your question (and the reason neither he nor I can specifically respond) is that you haven't said how much of your 12 weeks you used up due to the torn achilles, and over what period. If, like Mr. Davey suggests, you used up 12 weeks for the achilles injury within the last year, *no*, you cannot take any additional leave this year. If you used up less than 12 weeks for the achilles injury,...

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Can you sue unemployment for "Conspiracy" for allowing a employer to deliberately lie under oath?

No. The UC office doesn't "conspire" with the employer to support perjury. Folks fail to tell the truth all the time. Sometimes they get away with it. If you are unhappy with the result, file an appeal. The tribunal is not your opponent. Your prior employer is.

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Can i get fired because another employee says i made a statement about my manager being pregnant with my bosses baby?

Pennsylvania is an at will state in which you can be terminated for a good reason, bad reason, or no reason at all. You cannot be terminated in violation of "Public Policy" which our courts interpret to mean statutes enacted by the U.S. Congress or the Pennsylvania Legislature. When you are terminated because of your "protected classification" (i.e. age, sex, race, national origin, disability, and in some localities gender affinity) it's called "employment discrimination," not wrongful...

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In pennsylvania does an employer have to pay a terminated employee earned vacation pay

Your prior employer has to pay you for any accrued paid time-off in accordance with their policies for handling paid time off. Some employers provide that PTO is paid after termination if termination is not for certain types of reasons (employee theft, etc.), others provide that no PTO is paid, regardless of the reason for termination. If under the employer's policy for PTO you would have been entitled to the PTO, then the employer must pay you within two weeks of the last pay period...

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Who can I talk to about a claim against Walmart for discrimination?

The FMLA provides for up to twelve weeks of leave for a serious health condition of you or an immediate family member. Your job must be held by an employer of more than 50 employees (and Walmart definitely qualifies) if you are eligible for leave (meaning, you've been at the employer at least a year during which you worked at least 1250 hours). Your question implies that you had already exhausted the 12 weeks ("they called me 3 months into my personal leave") which means they didn't have to...

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Can an employer terminate an employee without giving them a termination letter?

The terms of your contract dictate all aspects of your termination, including whether you can be terminated and how it should be documented. Nobody on this website can advise you regarding your rights without actually seeing the contract. I suggest you contact a Pennsylvania employment lawyer as soon as possible.

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Can someone help me fill out my unemployment claimant questionnaire?

This website is chock full of employment lawyers. Pick up the phone, my friend. Nobody can "fill out a form" on the internet for you.

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