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Vicki Kuftic Horne

Vicki Horne’s Answers

25 total

  • Can a potential employer be required to divulge resources that they spoke to, when a position was no longer being offered to me?

    I had three interviews with this employer, which they were impressed with all three. I was told that they were going to be sending me the start date, and details. A few days later I was told the job was no longer on the table for me, due to some c...

    Vicki’s Answer

    Thank you for your inquiry. You may have a cause of action depending on a further development of the facts and history. This is a matter that cannot be reasonably reviewed on line. You do need to have your circumstance reviewed by an attorney. You should do that soon in that there are time limits for bringing a cause of action that generally are calculated from the date you realize harm. In some circumstances, it can be as short as 6 months.

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  • What does it mean if I have a work restriction stating that I cannot push/pull greater than 20lbs? A force of 20lbs or a weight?

    This has been a point of contention with my employer. They are saying I can push something weighing 300 pounds or more because they determined it takes less than 20 pounds of force to do so. I am reading the restrictions as saying that I cannot ...

    Vicki’s Answer

    PA law requires the employer and employee to engage in the interactive process, to communicate and work toward a reasonable resolution, of medical or disability claims or limitations. As other attorneys have suggested, the best source of information to clarify your limitation is your personal physician who established the limitation. Obtain that clarification at your earliest opportunity and provide the information to your employer.

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  • Is this legal, over working a waitress.

    I work with my fiance, she is a waitress. I have read that under the FLSA a waitress is not to do work that is non-tip related in excess of 20% of total work time. Now say she works an 8hr day, 20% of that day translates to 12 mins/hr. She works s...

    Vicki’s Answer

    Your fiance can also file a complaint with the PA Department of Labor, wage and hour division. This is the type of issue that the department may investigate and through whom she may be able to obtain relief.

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  • Can I sue if I was terminated due to concerted activity?

    I was recently terminated from a position I held for 3 years. I had emailed the owners of the company about the culture, work environment, and how people were being treated there and was written up shortly after sending that email after someone ov...

    Vicki’s Answer

    It is difficult to determine, without more, whether there is a cause of action. You might begin, however, by contacting the NLRB and relating your circumstances to an investigator. That will provide you with an initial assessment as to whether you were, in fact, engaging in activities protected under the NLR Act. You can then consider communicating with an employment attorney in your geographic area. If there is a business reason for your termination, however, that can be a defense to any claim of wrongful discharge.

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  • A large company (Merck) has hired over twenty five of our people over several years. We are like their triple A team, as soon we

    train the people headhunters from Merck come in and offer them jobs. We are sick of it. Is there recourse?

    Vicki’s Answer

    You do need to utilize an employment attorney to review the individual circumstances and needs of your company, to draft and implement appropriate employment agreements. Those agreements should be in place, to the extent possible, at the outset of employment and can address general terms of employment, non-compete, non-solicitation, confidentiality, proprietary and trademark information. An up front investment in legal services to protect your business can produce substantial cost and personnel savings in the long run.

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  • I am looking for an attorney that deals with the workplace. My husband has been passed over for a promotion for several year.

    He is more qualified and the ones getting the promotions are less qualified and less experienced. Job openings are not posted and just given to the mayors friends.

    Vicki’s Answer

    This is a matter that requires additional information. Your husband may need assistance with his employment relationship, to best position him to obtain appropriate recognition. Alternatively, there may be unequal treatment. Your husband needs to make contact with an attorney who represents individuals in their employment relationships to determine whether legal counsel or legal action is most appropriate in this instance.

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  • Do I need a labor law attorney?

    Can I establish a class action law suit against an employer in Pennsylvania if there are twelve managers who resigned, within the last four months, as a result of a hostile work environment created by the employer's Executive Director of the Senio...

    Vicki’s Answer

    Based upon the limited facts provided, this does not present as a possible class action claim. Further, Pennsylvania is an at-will employment state. If the employment atmosphere is simply generally difficult, unhappy or strained, the employee has the option to quit. Protection under the law is generally limited to circumstances of a hostile environment based upon sex, although discrimination based upon other protected classes (such as race, age, religion, handicap, etc.) may involve hostility in communications or atmosphere. You have only suggested a generally hostile work environment. In that event, if the employer is not willing to change, the general option is to quit.

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  • Legal Customer Service Personal Information

    I recent had a manager tell me she gave out my personnel information ;name and last name as well as cell phone and my facebook to a customer that wanted to get to know me. She told another person and myself that she did this. Is this leg...

    Vicki’s Answer

    The action of the manager was an inappropriate disclosure of your private personnel information without your consent. It is proper for you to make a formal complaint. You are best advised to document that in writing. If there is a personnel office or HR, you may make the complaint directly to that office or at least provide a copy of the written complaint to that office. Make sure you keep a copy. You may want to meet with the manager's boss to provide the written complaint and express your concern and to request that appropriate action be taken to ensure this does not occur again. There is always the possibility that the company could retaliate, which, if that occurs, may give rise to an independent claim for loss of the wages and benefits of your employment. Having the complaint in writing is important evidence of having made a complaint. You may want to obtain legal advice to assist you as you make your complaint and communicate with management.

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  • Do I need a lawyer for being laid off 3 days before I gave birth.

    I worked for a sales and marketing company as a contract employee. I took a position on a contract simular to one I had worked before and had huge success. I started off in the home theater and local agents side and was asked to take a different ...

    Vicki’s Answer

    You should review this matter with a lawyer in that additional information is needed. You may have a legal claim but that will depend upon the overall factual circumstances, including such considerations as how long you were employed, when you accepted the transfer, whether you were pregnant at the time of the initial transfer. Each case is different and the specific facts and timing of events may be significant in this instance.

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  • Can an employer in PA fire an employee after an employee posts a bad review (anonymously) on a business rating site?

    The employer claims that they "know" it was that employee that posted this information about flaws in the company; but this site is 100% anonymous.

    Vicki’s Answer

    Consistent with the other postings, I agree that, in general and assuming your are not part of a collective bargaining unit with a union contract, the employer is free to terminate your employment. Another exception to that may apply if you are engaged in public employment and the statement could be considered an expression of a First Amendment right to free speech. It is less clear but also possible that the posting will prevent you from obtaining Unemployment Compensation. You should certainly file a claim, however, UC can be denied on the basis of conduct "inimical to the employer's interest."

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