Harold Mark Goldner’s Answers

Harold Mark Goldner

Blue Bell Employment / Labor Attorney.

Contributor Level 11
  1. Been told I will be terminated if I don't resign.

    Answered over 4 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 fired in violation of a state or federal law. State and federal laws provide that you cannot be fired due to your age, race, sex, national origin or disability. So it isn't unlawful for the employer to fire you for calling someone 'crazy.' However, if you quit, you will not qualify for Unemployment Benefits, whereas if they fire you, you can collect...

    1 person marked this answer as helpful

  2. Wrongful termination?

    Answered almost 5 years ago.

    1. Harold Mark Goldner
    2. Herbert J Tan
    2 lawyer answers

    Pennsylvania is an at will state, which means an employee can be terminated for a good reason, a bad reson, or no reason at all. So long as the termination does not violate 'public policy' (which means generally an enactment by the Pennsylvania legislature or the U.S. Congress), it will be upheld by the courts. If the reason you were terminated was simply that they wanted to reassign the position to a non-salaried employee, then no court will challenge that decision. If, and only if, the...

    1 person marked this answer as helpful

  3. I was let go from my job when I might have been eligible for FMLA

    Answered almost 5 years ago.

    1. Harold Mark Goldner
    1 lawyer answer

    You have asked a very difficult question. It is true that the regulations provide that where an employee works though a temporary agency for another employer, that employer may be considered a 'joint employer' for purposes of FMLA coverage (which requires one full year of employment and at least 1250 hours worked over that time period). Thus, under the regulations, you would appear to have gone from a 'joint' employment relationship with your 'current' employer to a single relationship with...

    1 person marked this answer as helpful

  4. When is the last possible time to ask for a remand from federal to state court?

    Answered almost 5 years ago.

    1. Harold Mark Goldner
    2. Paul Adams Lagnese
    3. Jonathan H Levy
    3 lawyer answers

    Without intending to be so, your question is fairly imprecise. My first recommendation (and it is impossible for legal advice to be given via a message board) is that you seek clarification from your own lawyer. Very few of us are interested in being the 'second lawyer in' on any case, and you control the situation as consumer. Insist that your attorney explain what the specific posture of your case is, and, more importantly, why. Pennsylvania has mandatory arbitration of claims in state...

    1 person marked this answer as helpful

  5. I was fired while on maternity leave, is that legal?

    Answered about 5 years ago.

    1. Harold Mark Goldner
    1 lawyer answer

    If your employer had more than 50 employees, and you had been working full time for one or more years, working at least 1250 hours during that year, your position was protected under the Family & Medical Leave Act, which requires employers to provide up to 12 weeks leave for maternity (or a serious health condition). If your employer was SMALLER than 50 employees, FMLA does not apply, however, it is possible that the termination violated the Pregnancy Discrimination Act. That would require...

    1 person marked this answer as helpful

  6. Moved to PA with written job offer at set pay.4 months later pay reduction for whole company.is there any recourse for me

    Answered about 5 years ago.

    1. Harold Mark Goldner
    1 lawyer answer

    Pennsylvania is an at-will state, meaning that an employee can be terminated at any time for a good reason, bad reason or no reason at all. The other, lesser known aspect of the at-will doctrine is that contracts of employment are never 'implied.' There has to be an actual contract of employment in almost all instances for any limitations on at-will employment. Once exception is where extraordinary circumstances have occurred, such as an employee uprooting his or her family to move to...

    1 person marked this answer as helpful

  7. Can I get paid from a cash job where I was fired? I have e-mails stating I will be paid.

    Answered over 5 years ago.

    1. John Joseph Miravich
    2. Dale G. Larrimore
    3. Harold Mark Goldner
    3 lawyer answers

    The Pennsylvania Wage Payment Collection Law requires that last paychecks are paid within two weeks of the final pay period. Clearly that period has expired. The WPCL also provides for double damages and mandatory counsel fees. That having been said, you are probably talking about a claim for a relatively small amount of money (under $1,000) which is unlikely to encourage an attorney to become involved. You can bring a claim against your former employer in your local Magisterial District...

    1 person marked this answer as helpful

  8. Elements necessary to pursue wrongful termination lawsuit against employer

    Answered over 5 years ago.

    1. Harold Mark Goldner
    2. Alan James Brinkmeier
    2 lawyer answers

    Pennsylvania is an at will state. That means that unless you have an express employment contract (or are part of a collective bargaining unit), you can be terminated at any time for a good reason, bad reason, or no reason at all. Unless the termination is in violation of public policy (which generally means an enactment of the Pennsylvania legislature or U.S. Congress) , there is no cause of action. If you believe you have been treated differently than others because of a protected...

    1 person marked this answer as helpful

  9. Is there a time limit to file a sexual harassment claim in PA?

    Answered over 5 years ago.

    1. Harold Mark Goldner
    1 lawyer answer

    An administrative charge of sexual harassment has to be filed with the Pennsylvania Human Relations Commission or Equal Employment Opportunity Commission within 300 days of the last unlawful conduct. It might be argued that the unlawful conduct continued until your reinstatement in July of this year, meaning you would be within 300 days. On the other hand, November 2007 is clearly outside the 300 days. You should see an employment lawyer to at least assess the entire situation.

    1 person marked this answer as helpful

  10. Isn't this illegal and shouldn't he be fired?

    Answered 3 months ago.

    1. Steven Auerbach
    2. Scott Ivan Fegley
    3. Leizer Z Goldsmith
    4. Harold Mark Goldner
    4 lawyer answers

    Where severe or pervasive sexual harassment persists, and the employer is aware of such conduct, the employer is required to engage in "prompt remedial measures." Clearly they acted promptly once they were aware of your complaint. The question is whether merely transferring this individual was "remedial," or he continues to be a threat. (Just firing him isn't necessarily required by law). If you and your friends continue to be harassed, you should contact a PA employment lawyer who can...