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Harold Mark Goldner

Harold Goldner’s Answers

164 total

  • Is it job abandonment if I leave on my day off due to a anxiety attack.

    every week for years I've worked my night off. my past night off I went in and had a anxiety attack and couldn't continue to work. informed my manager I was leaving in person as well as text and he stated it was ok. next day they fired me and said...

    Harold’s Answer

    First of all, you can't take any action against the employer for terminating you. As an employee at will, you can be terminated at any time for a good reason, bad reason, or no reason at all (and this sounds like a bad reason).

    The second question is whether you are entitled to Unemployment Compensation benefits, or the employer can seek to disqualify you because of job abandonment or "willful misconduct." The answer to that is "it depends" upon what evidence you have to show that you were authorized to leave work. The fact that it was your day off is immaterial. If you were working, it wasn't your day off. You are either working or not. I have seen mixed results with early departures from work, largely turning upon who brings the best witnesses to the UC hearing (and whether the UC referee is capable of intelligent thought, which is apparently not a prerequisite for being a UC referee).

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  • Unlawful Termination and Very unfair treatment.

    For a while my designated area I clean emailed my supervisors 'numerous' (as my write up said) times about my performance. My bosses never told me about my unsatisfactory work but allowed the emails to pile up, then wrote me up. They did it this t...

    Harold’s Answer

    Working backwards, you fractured your hand off the job. Your employer has no obligation to pay for anything (that's a health insurance issue). Your employer has the right to terminate you if you cannot work and do not qualify for FMLA or the employer isn't subject to FMLA.

    Pennsylvania is an at-will state. You can be fired at any time for a good reason, bad reason, or no reason at all. You are only protected from a termination in violation of public policy, which Pennsylvania courts interpret to mean a legislative enactment by the PA legislative body or the US Congress. When someone is terminated because of their race, sex, age, disability, religion or nationality, we don't call it wrongful termination, we call it employment discrimination.

    In any event, you haven't described any set of facts that would constitute wrongful termination.

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  • I was hired pt and now they have eliminated my position and was offered a lower position. Would I be able to get uc or something

    I was hired at a dept. store as a pt makeup artist for a high end cosmetics line. They told me that they are eliminating my and another girls pt position and making it a ft position. They offered the ft position to me but I cannot work ft. So t...

    Harold’s Answer

    You cannot do anything other than file for unemployment compensation. 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. In this instance, you weren't terminated, you were offered a full time position (although you can only work a part-time position).

    Where there is a substantial change in the terms and conditions of employment, such change *may* (but does not necessarily) constitute such necessitous and compelling reasons for you to refuse the job, in which case you will qualify for unemployment compensation. I don't have enough information from your short paragraph online to advise you specifically whether your UC claim would be successful.

    You do not appear to have any other cause of action against the employer.

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  • I got fired and filed a wrongful termination suit.

    I have been recieving unemployment benefits for a few months but in court the employer is saying I walked out/quit. Will my unemployment determination help prove I didn't quit? I filed for willful misconduct and it states . There was no informati...

    Harold’s Answer

    You have left out more details than you've included, however it appears you were terminated after you caused damage somehow while on the job (car collision? who knows?) Even if I have surmised that incorrectly, please read the following:

    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. You haven't described a case of wrongful termination --- regardless of whether you've actually "filed one" (in a court of law) or not.

    The issue in an Unemployment Compensation claim is whether the termination of employment is "through no fault of your own." If you deliberately violated an employer policy for which you were aware the consequences could be termination, then such willful misconduct could disqualify you from UC benefits. If you were merely negligent, or the event which resulted in your termination was an accident, you should qualify for UC benefits.

    For the best response, however, you should contact an employment lawyer.

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  • On methodone treated by a clinic. Employer wants me to provide documentation everyday a daily receipt that I am taking it.

    employer harasses me everyday now that she knows I am on methodone and wants me to provide her with a daily receipt that I am getting it everyday, I attend a clinic and have provided her with documentation from them. She keeps giving me an ultama...

    Harold’s Answer

    Active drug dependency is not a disability under the ADA or the Pennsylvania Human Relations Act, nor am I aware of any local ordinances or laws which protect individuals who are in active addiction. The "record of" a disability (such as having gone through rehabilitation and now being a recovering addict) *is* a protected classification, but the employer is permitted to monitor, especially where there is a drug use policy, and drug use may be related to the nature of the position (e.g. a caretaker in a nursing home).

    It would be inappropriate for your supervisor to discuss your methadone use with *anyone* else; and it is inappropriate for your supervisor to test you independently of the human resources department (in which case you should notify them of the improper testing).

    On the other hand, if you are *not* regularly taking methadone or *not* regularly participating in the required rehabilitation, then you may still be in active addiction, and I will never accept a case with a potential client in active addiction --- they are impossible to win.

    The best way to get a thorough answer to your specific situation is to speak with a Pennsylvania employment attorney.

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  • Can I sue my employer for firing me for being in the hospital?

    I was rushed to the ER due to an infection (abcess) in both my arms that had me in the hospital for a frw days and was absent from work. My girlfriend called my boss for me the night i was sent to the hospital to tell her i wouldnt be in work that...

    Harold’s Answer

    The Family and Medical Leave Act only applies if your employer has at least 50 employees within a 75 mile radius AND you have been employed for at least a year and worked 1250 hours within that year. Otherwise, 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 mention a "cafe," and those typically do *not* employ large enough staffs to qualify for FMLA. Only under the FMLA would your position be protected if you suffer a "serious illness or injury" such that you require, among other things, a hospitalization with at least 3 days out of work.

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  • After being suspended for a week from work, during that same week, I get a text message stating that she was fired.

    This is taking place in a club. i work as a bartender, an one of the other bartenders was talking crap about me. So when it can time to go to work i was her relief for that night. I told her to keep her mouth shut an stop telling lies about me. i...

    Harold’s Answer

    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 discharge.

    In this case, you got into an altercation with a co-worker. Typically, in my experience, altercations between coworkers, regardless of who is right and who is wrong, result in one or both coworkers being fired. It's that simple. The issue of who is telling lies about whom is simply not the employer's problem. If you want to keep your job, steer clear of disputes with coworkers --- period.

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  • My company has illegal employment screening policies. Is there grounds for a suit?

    My company does not allow anyone to work for them if the person has a felony conviction. It's a blanket policy that they force me to enforce (I'm the only person that does pre-employment screenings for the company). I've raised the point that havi...

    Harold’s Answer

    The PA Whistleblower Act only applies to PUBLIC employers or private employers who are funded by government sources. Individuals who report financial waste are protected from retaliation. Your complaints about hiring procedures would not fall within the protections of the Whistleblower Act even if your employer IS governmental or governmentally funded.

    Don't confuse "discrimination" with unlawful discrimination, i.e., that based upon race, age, sex, national origin, religion or disability. You discriminate every day when you pick out which clothes you're going to wear, or when you pick only one flavor at an ice cream store. Neither type of "discrimination" is illegal.

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  • Age Discrimination? My manager's manager moved me to a new position reporting directly to him.

    I did not consent but had no choice. There was no job description....he just created the job. From day one he treated me unfairly, excluding me from meetings and generally always being angry with me. The are many events that took place that I docu...

    Harold’s Answer

    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 your employer is officially on notice that age discrimination is happening in the workplace. If they do not investigate the claim, or punish you for bringing the claim, you may then also have a retaliation claim (and, at least for now, these are easier cases --- although the Supreme Court is mulling over another case this term that may substantially affect that as well).

    You should not expect a consultation with an experienced employment attorney to be "free," however. Most of us who regularly practice in the field: (1) do not take cases on a purely contingent basis; and (2) charge for initial consultations. Employment law claims are not like personal injuries claims or workers compensation claims. They are difficult, expensive and hard to win.

    Step one, however, is for *you* to pick up the phone.

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  • How can I determine if my manager/employer has had any sexual harrassment and retaliation lawsuits filed in the past.

    I just started here. My boss is really inappropriate. One of my coworkers told me lawsuits have been filed in the past. I find this hard to believe considering the boss is still the boss and still acts like this.?

    Harold’s Answer

    Whether your boss has prior "suits" is really none of your business. However, if your boss' conduct is inappropriate, that is, he (or she) engages in conduct which is severe or pervasive and subjects you to harassment based upon your race, sex, age, national origin, family status or disability, then you should follow the harassment policy of your employer and make an appropriate complaint.

    It is for your employer to deal with whether the boss has had prior issues --- not you.

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