Harold Mark Goldner’s Answers

Harold Mark Goldner

Blue Bell Employment / Labor Attorney.

Contributor Level 11
  1. Does this qualify for intentional infliction of emotional distress?

    Answered almost 4 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

  2. Can I be fired for NOT asking for disability during a leave of absence?

    Answered almost 4 years ago.

    1. Harold Mark Goldner
    1 lawyer answer

    Yes, you can be terminated, and the reason would be absenteeism. Since you have only been there since October of last year, you have not been there a full year. Assuming your former employer is otherwise covered by the Family and Medical Leave Act (50 or more employees within 75 miles, which I suspect they are as they had a disability leave benefit), you would have to have been there for a full year before qualifying for up to 12 weeks off with your job held for your return. Whether or not...

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  3. What can I get from arbitration

    Answered over 4 years ago.

    1. Harold Mark Goldner
    1 lawyer answer

    The union issues and the EEO issues are separate. If the union supports your grievance (as it apparently has) that's because it feels there is a violation of the collective bargaining agreement. The EEO issues (which sound like a "regarded as" violation of the Americans with Disabilities Act) will be addressed by the EEOC. I do find that the EEOC takes an interminable amount of time to usually do absolutely nothing with the charge except issue a right to sue letter some 18 months or so...

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  4. In Penna, can someone be fired for being overweight. This was not mentioned at hire 3 years ago.

    Answered over 5 years ago.

    1. Harold Mark Goldner
    1 lawyer answer

    Weight is not a 'protected classification' under Pennsylvania law. Pennsylvania is an at will state in which you can be fired at any time for a good reason, bad reason or no reason at all. An employer is prohibited from firing an employee in violation of 'public policy,' which has been generally interpreted by the courts of this state to mean 'legislative enactment' of the Pennsylvania Legislature or the US Congress. In the case of claims for discrimination based upon someone's protected...

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  5. Wrongful termination without warning/possible defamation and intimidation in workplace

    Answered over 5 years ago.

    1. Harold Mark Goldner
    1 lawyer answer

    Pennsylvania is an at-will state in which you can be fired at any time for a good reason, bad reason, or no reason at all. You cannot be terminated in violation of 'public policy.' Pennsylvania courts define 'public policy' as the legislative enactments of the Pennsylvania legislature or the U.S. Congress. If an employer believes an employee is stealing, they can terminate that employee even if after a full investigation they determine that the former employee *wasn't* stealing. The...

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  6. Wrongfully fired.

    Answered over 6 years ago.

    1. Harold Mark Goldner
    1 lawyer answer

    Pennsylvania is an 'at will' state in which an employee can be terminated for a good reason, a bad reason, or no reason at all. While employees cannot be fired for being in a 'protected classification' (i.e., race, sex, age, nationality or disability), 'differences' between people will arise, and if they're just personal, they do not arise to the level of actionability. If you feel your husband was fired solely because of the issues with this other employee, there is nothing that can be...

    1 lawyer agreed with this answer

  7. I got fired and filed a wrongful termination suit.

    Answered over 1 year ago.

    1. Harold Mark Goldner
    2. David Ian Schoen
    2 lawyer answers

    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...

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

    Answered over 2 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 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,...

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  9. Can my employer fire me because I had an injury to my back that will prevent me from performing the same functions at work?

    Answered almost 3 years ago.

    1. Harold Mark Goldner
    1 lawyer answer

    You haven't really provided enough information with which I can make a thorough assessment of your claim, and just like you were actually physically examined by a physician after your injury, you should meet with an employment attorney in person to fully understand your rights. In general, The Americans with Disability Act and the Pennsylvania Human Relations Act provide that qualified individuals with disabilities who are able to perform the essential functions of their job with or without...

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  10. What are my legal options to discrimination through nepotism, if there are any?

    Answered over 4 years ago.

    1. Harold Mark Goldner
    1 lawyer answer

    You are really asking more than one question. As to the leave issue, if you took less than 12 weeks off after working there full time for a year, and the employer has at least 50 employees, you are protected by the Family & Medical Leave Act and the employer is required to preserve your position. They are certainly free to hire another employee, but your position must be maintained. If the employer has less than 50 employees you are not covered by FMLA (and your job does not have to be...

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