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Publication Date: 2019-04-29
Practice Area: Labor Law | Social Media
Industry: Manufacturing
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0477
Claimant committed willful misconduct and was ineligible for unemployment compensation where she made a social media post indicating an intent to cause physical harm upon a co-worker as a result of a confrontation with that co-worker while on duty. Decision of the Unemployment Compensation Board of Review affirmed.
Publication Date: 2019-04-22
Practice Area: Labor Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0454
Secretary erred in concluding wrongfully terminated employee had not made reasonable efforts to mitigate damages where employee obtained other work and sought continued education and training during relevant period, and where employer's evidence of alternative work was unsuited to the employee's circumstances. Order of the secretary of education vacated and remanded.
Publication Date: 2019-04-22
Practice Area: Labor Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0463
The secretary erred in awarding damages for petitioner's lost compensation after he was improperly terminated as a teacher because petitioner did not fail to mitigate damages as secretary erroneously found, where petitioner sought other teaching jobs until his unemployment ran out, was unsuccessful due to his termination from a tenured position and he then took a security guard position. Order vacated.
Publication Date: 2019-04-08
Practice Area: Labor Law
Industry: Food and Beverage
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0398
Parties requested the court to approve their settlement of plaintiff's action for unpaid overtime wages and the court found the settlement was fair and reasonable and approved it as long as the confidentiality clause was interpreted to allow plaintiff to discuss its terms with friends, family, defendants' employees and individuals not affiliated with the media. Motion granted.
Publication Date: 2019-04-01
Practice Area: Labor Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0355
The trial court erred in granting the union's preliminary objections on the ground that it lacked subject matter jurisdiction since the statutory provision vesting the Labor Relations Board with exclusive original jurisdiction over unfair labor practices did not divest the court of jurisdiction to entertain this equity action to enjoin a strike. The appellate court reversed and remanded.
Law Journal Press | Digital Book
Authors: KENNETH DEL VECCHIO
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Publication Date: 2019-04-01
Practice Area: Civil Procedure | Labor Law
Industry: Education | Recruitment and Staffing
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0359
PLRB lacked jurisdiction over public employer's complaint that its full-time employees and their union had engaged in a partial strike following the union's instruction to its members to stop performing mandatory assessments, while still receiving full compensation, since jurisdiction over a claim for relief from a strike lay exclusively with the courts. Order of the PLRB affirmed.
Publication Date: 2019-03-11
Practice Area: Labor Law
Industry: Construction | Insurance
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0244
Application for reimbursement from supersedeas fund denied where employer was made to pay medical expense benefits retroactively pursuant to a penalty petition entered after employer unilaterally withheld benefits in violation of the Workers' Compensation Act. Order of the Workers' Compensation Appeal Board affirmed.
Publication Date: 2019-03-04
Practice Area: Labor Law
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Mannion
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0231
After-discovered evidence of an employee's misconduct admissible to limit the span of time for a backpay claim where the after-discovered misconduct would have caused the employer to terminate the employee's employment had it known of the misconduct at the time. Motions in limine granted in part and denied in part.
Publication Date: 2019-02-26
Practice Area: Labor Law
Industry: Health Care | Recruitment and Staffing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge DuBois
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0199
Plaintiff lacked Article III standing for alleged violation of the standalone disclosure requirement of the FCRA where plaintiff was aware her employer would run a background check and where the disclosure and consent form, though contained in an employee handbook, accurately described to plaintiff her rights under the FCRA. Defendant's motion to dismiss granted.
Publication Date: 2019-02-19
Practice Area: Civil Rights | Labor Law
Industry: Energy
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0188
Employer moved for summary judgment in employee's action asserting ADA and FMLA retaliation claims after he was fired for a positive drug test where employer sent him to an EAP substance counseling program before terminating him and the court found employee admitted using marijuana, company policy called for termination after a first positive drug test and employee produced no evidence of pretext or that he was disabled or had invoked his rights under the FMLA. Motion granted.
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