Harold Mark Goldner’s Answers

Harold Mark Goldner

Blue Bell Employment / Labor Attorney.

Contributor Level 11
  1. 2YRS AND 9MTH AGO MY MOM WAS FORCE OUT OF HER JOB AFTER 23YRS OF WORKING THEIR IS THERE SOMETHING SHE CAN DO

    Answered about 2 years ago.

    1. Harold Mark Goldner
    1 lawyer answer

    If she was able to perform all of the essential functions of her job with or without an accommodation such as additional time seated, then she might have been a qualified individual with a disability. Had she been the victim of disability discrimination, that would have violated both the Pennsylvania Human Relations Act (if she was one of at least 4 employees) or the Americans with Disabilities Act (if she were one of at least 15 employees). However, both statutes require that a claimant...

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

    Answered over 4 years ago.

    1. Harold Mark Goldner
    1 lawyer 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...

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

    Answered over 5 years ago.

    1. Harold Mark Goldner
    1 lawyer answer

    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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  4. Wrongful termination/Harrassment

    Answered almost 6 years ago.

    1. Harold Mark Goldner
    1 lawyer answer

    Your question is a little unclear. Were you terminated? Were you terminated after taking pregnancy leave in accordance with FMLA? In that instance, it is possible that the termination violates the FMLA, but it's impossible to determine from your question. As far as 'harassment' goes, life is full of harassment. Getting to work on SEPTA, dealing with the Schulkill Expressway, all of these are 'harassment,' but are not unlawful harassment. Unlawful harassment is based upon your age, sex,...

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  5. I was sexually assaulted at work. Boss isn't doing anything about it

    Answered 2 months ago.

    1. Christopher Edward Ezold
    2. Harold Mark Goldner
    3. Kevin Rindler Madison
    3 lawyer answers

    Harassing conduct that is "severe or pervasive" is prohibited under both PA and federal anti-discrimination statutes, but you *first* have to be sure to make a complaint if your employer has a sexual harassment policy and complaint procedure, otherwise your harasser is completely off-the-hook. Waiting two months was not the best of ideas. I agree with my friend Chris Ezold that you should contact a PA employment lawyers as soon as possible to outline what your next steps may be.

    1 lawyer agreed with this answer

  6. I was fired wrongly and I want to know if I want sue them for this bogus stuff?

    Answered 2 months ago.

    1. Edward Clement Sweeney
    2. Stewart C Crawford Jr.
    3. Harold Mark Goldner
    4. Meghan Hayes Slack
    4 lawyer answers

    Wow. Impressive. 4 days on the job, and you are late or don't come in every single day? And you expect to have a cause of action for being terminated? You've GOT to be kidding me. Pennsylvania is an at-will state in which you can be fired for a good reason, bad reason, or no reason at all. I understand your concern over your wife's issues, but FMLA doesn't kick in until you've been somewhere for a YEAR and worked at least 1250 hours over that time period. It also doesn't matter...

    1 lawyer agreed with this answer

  7. Can I be fired for my sexual orientation?

    Answered 3 months ago.

    1. Michael Lee Kraemer
    2. Edward Clement Sweeney
    3. Christian K. Lassen II
    4. Harold Mark Goldner
    5. Kevin Rindler Madison
    5 lawyer answers

    Neither Pennsylvania law nor Federal law protect individuals from discrimination in employment based upon sexual orientation (the more accurate term is "gender affinity.") Both PA and Federal law do protect individuals against sexual stereotyping, so if you're being discriminated against because you aren't "conforming" to a conventional perception of what a "woman or man" is like, then you may be protected by those laws. These cases are fairly difficult. On the other hand, a growing number...

    1 lawyer agreed with this answer

  8. Unlawful Termination and Very unfair treatment.

    Answered 10 months ago.

    1. Michael Lee Kraemer
    2. Harold Mark Goldner
    2 lawyer answers

    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...

    1 lawyer agreed with this answer

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

    Answered over 1 year ago.

    1. Edward Clement Sweeney
    2. Harold Mark Goldner
    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. 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...

    1 lawyer agreed with this answer

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

    Answered over 1 year ago.

    1. Harold Mark Goldner
    2. Stewart C Crawford Jr.
    2 lawyer answers

    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....

    1 lawyer agreed with this answer