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  • Lynch v. Pennsylvania State Univ.

    Publication Date: 2020-07-20
    Practice Area: Employment Litigation
    Industry: Education | Health Care
    Court: Courts of Common Pleas, Dauphin County
    Judge: Judge Dowling
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0662

    Plaintiff's claims of violations of the Pennsylvania Whistleblower Act were time-barred since, under the language of the Act, an alleged violation is not necessarily the effective date of the employee's termination but when the alleged retaliatory action occurred.The court granted defendants' preliminary objections in part.

  • Rusecky v. Unemployment Comp. Review Bd.

    Publication Date: 2020-07-20
    Practice Area: Employment Litigation
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0779

    Claimant preschool worker appealed the denial of unemployment benefits after she was fired for not noticing a child sleeping in a buggy and court found evidence did not prove that claimant acted with deliberate and intentional disregard of employer's policy or interests. Reversed.

  • Pennsylvania State Corr. Officers Ass'n v. Commonwealth

    Publication Date: 2020-07-13
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0737

    Association challenged arbitrator's denial of correction officer's heart and lung act benefits claim for injury that occurred on steps leading to entrance of correctional facility and court found arbitrator's award properly derived its essence from the CBA because whether claimant's injury occurred in the performance of his duties was within the terms of the CBA and arbitrator's award could be rationally derived from the CBA. Affirmed.

  • Pennsylvania State Corr. Officers Ass'n v. Commonwealth

    Publication Date: 2020-07-13
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0737

    Association challenged arbitrator's denial of correction officer's heart and lung act benefits claim for injury that occurred on steps leading to entrance of correctional facility and court found arbitrator's award properly derived its essence from the CBA because whether claimant's injury occurred in the performance of his duties was within the terms of the CBA and arbitrator's award could be rationally derived from the CBA. Affirmed.

  • Caviston v. Johnson Controls, Inc.

    Publication Date: 2020-07-06
    Practice Area: Employment Litigation
    Industry: Manufacturing
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Saporito
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0698

    In this age discrimination case involving plaintiff's termination during a reduction in work force, he was only required to show that the defendant employer retainedunprotected workers; therefore, plaintiff's request for information on newly hired employees during a relevant time period was reasonably calculated to lead to admissible evidence and proportional to the needs of his case. The court overruled in part defendant's objections.

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  • McAleer v. W. Branch Reg'l Auth.

    Publication Date: 2020-06-29
    Practice Area: Employment Litigation
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0536

    The court dismissed plaintiff's complaint against her former employer for unlawful age discrimination because she did not timely file her claim with a state agency, so she failed to exhaust her administrative remedies.

  • Morgan v. Unemployment Compensation Bd. of Review

    Publication Date: 2020-06-15
    Practice Area: Employment Litigation
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0615

    Unemployment compensation board of review correctly found that claimant voluntarily terminated his employment without a necessitous and compelling reason and failed to report all his earnings because claimant offered no objective evidence that his conditions of employment were unsafe, either for himself or the children served by employer, and his argument he did not expect to be paid for his training time was belied by his written offer of employment. Affirmed.

  • Johnson v. Mattress Warehouse, Inc.

    Publication Date: 2020-06-15
    Practice Area: Employment Litigation
    Industry: Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pappert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0614

    Defendant employer moved to dismiss plaintiff's Fair Labor Standards Act collective action overtime pay claim based on the retail commission overtime exemption defense and court found that even if plaintiff's paystubs were integral to her complaint, court was not convinced they made it "apparent" that plaintiff's claims had to be dismissed. Motion denied.

  • Schaffhouser v. Transedge Truck Centers

    Publication Date: 2020-06-15
    Practice Area: Employment Litigation
    Industry: Automotive
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Marston
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0618

    Defendants moved to dismiss terminated employee's intentional and negligent infliction of emotional distress claims and court agreed the claims were barred by the workers' compensation act and found supervisor's behavior was highly inappropriate, but did not rise to the level of outrageous and egregious behavior required to support an IIED claim and plaintiff failed to adequately plead that supervisor's conduct was motivated by "personal animus." Motion granted.

  • Philips Respironics v. Worker's Comp. Appeal Bd.

    Publication Date: 2020-06-08
    Practice Area: Employment Litigation
    Industry: Manufacturing
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0586

    Employer challenged board's reversal of Workers' Compensation Judge's decision suspending claimant's wage loss benefits because claimant removed himself from the workforce and court found board erred since claimant unequivocally testified he had stopped looking for work partly due to the economics of his personal situation. Reversed.