Harold Mark Goldner’s Answers

Harold Mark Goldner

Blue Bell Employment / Labor Attorney.

Contributor Level 11
  1. CCAC, in Southwestern PA, has ruled that part-time employees can only work a max. of 25 hrs. per week due to the ACA.

    Answered over 1 year ago.

    1. Harold Mark Goldner
    2. Devin Colin O'Leary
    2 lawyer answers

    Some mid-sized employers are cutting hours to staff to 25 hours or less to get under the mandatory benefits offering limits. Your only recourse is to file for partial Unemployment Compensation benefits when the cap takes effect.

    1 lawyer agreed with this answer

  2. Can I file wrongfull termination against my employer if it been over 2 years but I was dealing with a workers comp case first.

    Answered almost 2 years ago.

    1. Harold Mark Goldner
    2. George Ellis Corson IV
    3. David J. McCormick
    4. Charles Joseph Michael Candiano
    4 lawyer answers

    Wow, three answers and not one from a Pennsylvania lawyer. I suppose legal practice must be fairly slow in these other jurisdictions. Yeesh. At least as far as Pennsylvania law, wrongful termination is a claim which only exists for non-union employees who are fired in violation of "public policy," meaning an express statutory enactment by the Pennsylvania legislature. The "facts" as you have laid them out do not permit any kind of legal analysis because first of all, I can't tell why they...

    1 lawyer agreed with this answer

  3. I have been accused of stealing money at my job

    Answered almost 2 years ago.

    1. Harold Mark Goldner
    2. Andrew Joseph Edelberg
    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

  4. CAN I WORK AT A COMPANY AS TEMP (WITH A MISTERMINER) BUT NOT BE HIIRE PERMANITYL BECAUSE OF THE SAME MISTERMINER

    Answered almost 2 years ago.

    1. Harold Mark Goldner
    1 lawyer answer

    First of all, note that typing in all uppercase is considered SHOUTING online. Second of all, I believe you are talking about a prior criminal conviction or guilty plea for a "misdemeanor" for a position with a school district. Depending upon the position, which you have not identified (and really should *not* identify even the employer on a web site since *anyone* can read this, including your employer), it is possible that a criminal record is a disqualifier. While there is PA law which...

    1 lawyer agreed with this answer

  5. I am an at-will employee in Pennsylvania and reported that I'm suffering from Depression to my employer. Is it legal to fire me?

    Answered about 2 years ago.

    1. Brendan Daniel Hennessy
    2. Harold Mark Goldner
    3. Christopher Edward Ezold
    4. Edward Clement Sweeney
    5. Timothy Patrick Brennan
    5 lawyer answers

    A disability, even a mental disability such as depression, cannot serve as a basis for employment decisions so long as you are able to perform "the essential functions of your job." This is so under both PA law and Federal law. An employment lawyer will need to assess the extent of your depression and whether it in fact impaired you, as well as whether with an appropriate accommodation you would have been able to continue to perform the essential functions of your position. It's not a...

    1 lawyer agreed with this answer

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

    Answered over 2 years ago.

    1. Harold Mark Goldner
    2. Christopher Edward Ezold
    3. Christine C McCall
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

  7. Can I sue my ex employer for racial discrimination ?

    Answered almost 3 years ago.

    1. Harold Mark Goldner
    2. Herbert J Tan
    3. C. C. Abbott
    4. Alan James Brinkmeier
    4 lawyer answers

    Unlike everyone else who posted an answer here, I am a Pennsylvania lawyer. Both state and federal laws prohibit discrimination (in pay, promotion, or terms and conditions of employment) based upon national origin, race, religion, age or disability. That would include "reverse" discrimination where some are treated more favorably than others based upon national origin, race, etc. The question of whether state and/or federal law applies is a function of the number of employees. The...

    1 lawyer agreed with this answer

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

    Answered almost 3 years ago.

    1. Harold Mark Goldner
    2. Christine C McCall
    2 lawyer answers

    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.

    1 lawyer agreed with this answer

  9. Can someone help me fill out my unemployment claimant questionnaire?

    Answered about 3 years ago.

    1. Harold Mark Goldner
    1 lawyer answer

    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.

    1 lawyer agreed with this answer

  10. Does this qualify for intentional infliction of emotional distress?

    Answered over 3 years ago.

    1. Harold Mark Goldner
    1 lawyer answer

    There is no cause of action for "intentional infliction of emotional distress" recognized in PA by employees against employers. There is a cause of action for retaliation for taking FMLA leave or for interference in taking FMLA leave. In addition; this could be discrimination based upon your record of having a disability, or your actual disability, thereby violating the Americans with Disabilities Act. "Emotional distress" may be an item of damages under these claims, but it isn't an...

    1 lawyer agreed with this answer