Court Sides With Legal Assistant in Part-Time Policy Fight
"I learned that I shouldn't try to accommodate employees. That's what I learned from this case," said Richard Flickinger of Ligonier Law.
December 11, 2017 at 05:11 PM
3 minute read
A small law firm in western Pennsylvania has found itself in a bind after management changed its mind over whether a legal assistant could do her job on a part-time basis.
The Commonwealth Court ruled against two-lawyer Ligonier Law in an unreported decision filed Monday. The court said former law firm employee Joslin Bennet did not voluntarily leave her job when the firm asked her to resume a full-time schedule or leave.
“Claimant was willing to continue under the new terms of part-time employment, but employer was not,” Judge Michael Wojcik wrote in a seven-page opinion. “Employer eliminated the part-time position, thereby severing the employment relationship.”
According to the Commonwealth Court, Bennet started working as a legal assistant at Ligonier Law in November 2015. She worked there for about eight months, then applied for unemployment benefits.
Bennet is a bilateral leg amputee, the court's opinion said, and she receives disability benefits as a result. But in January 2016, she learned that her disability benefits might be jeopardized if she made too much money working full-time hours at Ligonier Law. So she asked the law firm to let her work part-time, 15 hours a week.
Bennet worked part-time for seven months, but the firm eventually decided that she was unable to fulfill all of her responsibilities as a legal assistant in that limited time per week. The firm terminated Bennet, with a plan to hire a full-time legal assistant instead, the opinion said.
The Unemployment Compensation Board of Review found that Bennet did not voluntarily quit her job because she was willing to continue working on a part-time basis. The board also decided that she was not discharged for willful misconduct.
Ligonier Law argued that Bennet did quit, and the board should not have even proceeded to ask whether she was terminated for willful misconduct. The firm contended that Bennet voluntarily chose to decline full-time work, and therefore severed the employment relationship.
The Commonwealth Court disagreed. “Employer argues that claimant quit by refusing to work full-time and that the change from part-time work to full-time work was merely a reversion to the original terms of the employment,” Wojcik wrote. “However, by agreeing to claimant's request for part-time work, employer and claimant agreed to new terms of employment.”
“I learned that I shouldn't try to accommodate employees. That's what I learned from this case,” said Richard Flickinger of Ligonier Law, who represented his own firm.
The Unemployment Compensation Board of Review did not respond to a call seeking comment Monday.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'The World Didn't End This Morning': Phila. Firm Leaders Respond to Election Results
4 minute readSettlement With Kleinbard in Diversity Contracting Tiff Allows Pa. Lawyer to Avoid Sanctions
3 minute readTrending Stories
- 1Trailblazing Broward Judge Retires; Legacy Includes Bush v. Gore
- 2Federal Judge Named in Lawsuit Over Underage Drinking Party at His California Home
- 3'Almost an Arms Race': California Law Firms Scooped Up Lateral Talent by the Handful in 2024
- 4Pittsburgh Judge Rules Loan Company's Online Arbitration Agreement Unenforceable
- 5As a New Year Dawns, the Value of Florida’s Revised Mediation Laws Comes Into Greater Focus
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250