Harold Mark Goldner’s Answers

Harold Mark Goldner

Blue Bell Employment / Labor Attorney.

Contributor Level 11
  1. Is this Wrongful termination?

    Answered about 2 years ago.

    1. Harold Mark Goldner
    2. Nathan Kased
    3. Christine C McCall
    3 lawyer answers

    You have heard from two California-based lawyers (both of whom have accurately stated the situation) and I am merely chiming in, as a Pennsylvania-based employment lawyer to reiterate the validity of what you have been told (despite your comments, all of which reinforce what has been said). Pennsylvania is an at-will state in which you can be terminated at any time for a good reason, bad reason, or no reason at all. You can be terminated because your employer requires you to stand on your...

    3 lawyers agreed with this answer

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

    Answered over 2 years ago.

    1. Harold Mark Goldner
    2. Rixon Charles Rafter III
    3. George Ellis Corson IV
    3 lawyer answers

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

    Answered almost 5 years ago.

    1. Harold Mark Goldner
    2. Steven Alan Fink
    2 lawyer answers

    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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  4. Can emails and frequent comments constitute sexual harassment and/or stalking?

    Answered over 4 years ago.

    1. Harold Mark Goldner
    2. Mark S Guralnick
    2 lawyer answers

    Mark's response below 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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  5. Age Discrimination? My manager's manager moved me to a new position reporting directly to him.

    Answered over 1 year ago.

    1. Harold Mark Goldner
    2. Stewart C Crawford Jr.
    3. L. Maxwell Taylor
    4. Charles Shinkle Watson
    4 lawyer answers

    Age discrimination cases are very difficult, especially since the U.S. Supreme Court held that age has to be "the" primary reason for the adverse employment action, not one of several. I do suggest that you meet with an attorney who is experienced employment law matters, so that *all* the facts of your case, not just those you crammed into a short paragraph online, can be reviewed. If you do have a claim, it is possible you will want to handle it internally first (with counsel), so that...

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  6. Do I have a discrimination case?

    Answered over 1 year ago.

    1. Harold Mark Goldner
    1 lawyer answer

    People discriminate every day. When you got dressed this morning, you discriminated against all the clothes you chose not to wear today. When you walk into Baskin Robbins and buy one scoop, you discriminate against all the other flavors. Discrimination, in and of itself, is not unlawful. Discrimination against someone because of their race, sex, age, religion, national origin, or disability *is* unlawful. If you are qualified for a position and are not hired because of any of those "...

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

    Answered over 2 years ago.

    1. Harold Mark Goldner
    2. Michael Joseph Davey III
    2 lawyer answers

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

    Answered over 3 years ago.

    1. Harold Mark Goldner
    2. Alan James Brinkmeier
    2 lawyer answers

    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.

    2 lawyers agreed with this answer

  9. Do I need an attorney?

    Answered 4 months ago.

    1. Christopher Edward Ezold
    2. Stewart C Crawford Jr.
    3. Edward Clement Sweeney
    4. Harold Mark Goldner
    4 lawyer answers

    I echo what others have said here; however I would also caution you, since you didn't mention how long ago you resigned, that if you do decide to take action under the Americans with Disabilities Act, you will have to file a charge of discrimination within 180 days to protect all of your Federal and state rights. So, don't sit on this --- go see an employment lawyer.

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  10. I have been harassed and discriminated for two years now assaulted by boss

    Answered 6 months ago.

    1. Harold Mark Goldner
    2. Kevin Rindler Madison
    3. Leizer Z Goldsmith
    3 lawyer answers

    Harassment because of sex is prohibited by the Pennsylvania Human Relations Act (if your employer employs at least 4 employees) and the Federal Civil Rights Act (if your employer has at least 15 employees). Some of the conduct you describe does not appear to be "because of sex." You should seek a Pennsylvania employment lawyer who can analyze all of the facts and properly advise you as to the best course of action. I emphasize that it be: (1) a Pennsylvania lawyer; and (2) someone who...

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