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Harold Mark Goldner

Harold Goldner’s Answers

164 total


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

    If they had been working close to 40 per week prior to this edict, is there any legal recourse to rebut the "cuts"?

    Harold’s Answer

    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.

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  • Can I sue for wrongful termination or defamation of character due to a month long suspension for a deposit they can't find?

    I was suspended from my job about a month ago. Due to the fact that they could not find a deposit I made. I know I put it in the safe which is outside the office but they say they did not see it, nor did they see me walk out the office with it on ...

    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 can be fired if your employer thinks you are stealing even if they find out later that you weren't. 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 have been suspended (you haven't stated whether you expect to be reinstated) for what your employer believes was a mistake --- regardless of whether you actually made the mistake or not. Unless you can demonstrate that your punishment is more severe than someone who does not share your race, age (over 40), national origin, religion, or disability (none of which you have mentioned), you will not have any basis to challenge the action.

    As far as defamation of character goes, those suits must be brought within six months under Pennsylvania law, and truth is a defense, so if they can establish that you *did* lose or misplace the deposit, your claim would fail.

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  • Made a comment on FB that "he was nuts" work in human services and was terminated for this being a breach of confidentiality.

    No names or diagnosis was given . Friend made a comment about how she couldnt help and I said no worries "he was nuts" Now the employer has denied my unemployment benefits and I was wondering what approach to take with a successful outcome of ...

    Harold’s Answer

    If you are successful in obtaining UC benefits (and it is quite possible you won't be, if the denial is based upon "willful misconduct," and a claim that you deliberately violated a social media policy), you will have no cause of action against your employer for terminating your employment.

    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.

    The very sketchy facts that you have laid out do not appear to show grounds for any claim. If there are missing facts, I encourage you to speak with a Pennsylvania employment lawyer.

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

    I got injured on my job 02/19/10 had to sue to for workers comp because my employeed stopped than. Than was told by another employee to call and check for my employment status because they seen my name on the fired logged. My employer never contac...

    Harold’s Answer

    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 fired you and second of all I can't tell when they fired you. A wrongful termination suit must be brought within two years of the termination or it is time-barred.

    My suggestion is that you locate an employment lawyer in the Philadelphia area and call him or her to discuss. Be prepared to pay for an initial consultation; most area lawyers who routinely practice in in the employment area do charge for initial consultations, although we routinely screen our calls to make sure that it's worth your while to actually come in. It is possible, for instance, that in answering those two questions I asked you it is easy to determine whether you still have a cause of action of any kind.

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  • I have been accused of stealing money at my job

    No proof that I did it, supposedly on saturday it happened today is thursday and its just another employee saying i told them i did it,. No police report has been filed yet and he didnt fire me yet either.

    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.

    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.

    Your employer doesn't require a reason to terminate you, and can even do so if they think you're stealing, even if they find out later that you aren't. Whether a police report is filed or not is irrelevant. As long as you are not treated differently with respect to this allegation than anybody else, regardless of one of the "protected classifications" (sex, race, age (over 40), national origin, religion or disability), you have no cause of action.

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  • Do I have a discrimination case?

    I worked for a company through a temp service. I never missed any work. It was a temporary assignment. I was highly recommended by the plant manager. I submitted my app because they are still actively hiring. The company has two divisions. The pla...

    Harold’s 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 "protected classifications," it is unlawful discrimination. Otherwise, an employer is free to pick and choose whomever they want --- regardless of whether that's the best choice or not.

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

    I WORK AT THE LANCASTER SCHOOL DISTRIT THOUGH MANPOWER, THEY DID A CRIMINAL BACKGROUND CHECK, AND SAID ITS OKAY WITH A MISTERMINTOR, BUT WHEN I APPLIED FOR A PERMENT POSTION, I WAS INFORMED I CANNNT NEVER FOR THE DISTRICT IN A PERMINTE POSTION , ...

    Harold’s 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 prohibits using criminal records in employment improperly, you should consult with an employment lawyer in person to determine whether this law has been violated. The short "answer" is that, yes, it's *possible* that the school district can disqualify you, but not Manpower because you would be a Manpower employee, not a district employee.

    Possible is one thing; but again, whether it's lawful will have to be determined once you speak with a lawyer.

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  • 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?

    I am a VP-level Exec at a major multi-billion Pharma company that fired me after years of loyal serveice without warning or severance.

    Harold’s Answer

    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 question which can be answered on the web.

    If the employer merely fired you after learning of your depression, that would more likely suggest discriminatory intent, especially if there were no performance issues or other workplace problems extent before the termination.

    You've got 4 qualified answers here; the next step is yours.

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  • Can I sue a funeral home director or my employer for accusations,comments, actions such as suspension termination?

    An elderly resident on dementia unit was found on floor blackish/blue discoloration on 40 % body. I was supervisor (RN) and called to check resident as charge nurse said res. already dead. Resident was indead dead. Elapsed time since 1 hour since ...

    Harold’s Answer

    There is nothing you can do proactively to intervene in whatever investigation or action your employer takes. If you aren't terminated or disciplined, then whatever else happens is extraneous and not your problem. If any action is taken that could affect your license, you have procedural rights regarding the licensing, and you should seek legal counsel right away.

    If what you're asking is "can I sue my employer if they tell lies about me" then the answer is, generally, "no." Pennsylvania is an at-will state in which, unless you are a union member subject to a collective bargaining agreement (which you didn't mention), you can be fired at any time for a good reason, bad reason or no reason at all. You can be fired because your employer *believes* you are stealing even if you aren't. Thus, if the nursing home elects to blame you for this death and terminate you accordingly, you will have no remedy against them, unless the *real* reason for your termination is because of your age, sex, religion, nationality, race or disability (which doesn't appear to be the issue here either).

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