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  • Yancura v. Unemployment Comp. Bd. of Review

    Publication Date: 2021-03-15
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0282

    Board properly found claimant unqualified for unemployment compensation because he voluntarily left for personal reasons where claimant was expected to return to work from medical leave but did not file for long-term medical disability, apply for a different position, provide medical documentation certifying his ongoing medical condition or even respond to employer's email and instead, resigned. Affirmed.

  • Payne v. Woods Serv. Inc

    Publication Date: 2021-03-01
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0221

    Defendants moved to dismiss plaintiff employee's Family and Medical Leave Act, Americans with Disabilities Act, Pennsylvania Human Relations Act, Pennsylvania Whistleblower Law, and Families First Coronavirus Response Act claims after he was fired for refusing to return to work after testing positive for COVID-19 and court found plaintiff was not exempt from the provisions of the FFCRA and adequately pled his FMLA claim but failed to adequately plead his PWL, PHRA and ADA claims. Motion granted in part and denied in part.

  • Naborn v. Unemployment Comp. Bd. of Review

    Publication Date: 2021-03-01
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0223

    Unemployment compensation board of review properly upheld referee's decision refusing to backdate claimant's UC benefit claims pursuant to §401(c) of the UC law and §65.43a of the regulations because claimant's ignorance of the UC claim process and/or negligence was not a basis upon which court could reverse the board. Affirmed.

  • Stewart v. Loving Kindness Healthcare Sys. LLC

    Publication Date: 2021-03-01
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Colville
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0228

    Plaintiff moved for default judgment in Fair Labor Standards Act action for failure to pay overtime and court found default was appropriate and awarded back pay, liquidated damages and injunctive relief. Motion granted.

  • Cook v. City of Philadelphia Civil Serv. Comm'n

    Publication Date: 2021-02-22
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0160

    Public agency's failure to follow regulations in giving applicant for employment notice of their removal from the eligibility list deprived the applicant of fair access to public employment and constituted an adjudication by the agency subject to judicial review. Order of the trial court reversed and remanded.

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  • Romutis v. Borough of Ellwood City

    Publication Date: 2021-02-22
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0198

    Trial court properly found that borough did not breach police chief's employment contract when it terminated him and since he was hired outside the civil service process, court could not extend the protections of 8 Pa.C.S.§1190(a) to chief under the guise of "public policy." Affirmed.

  • Sorrentino v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-02-22
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0197

    Board properly affirmed workers' compensation judge's grant of employer's petition to terminate, dismissing as moot employer's petition to suspend compensation benefits, denying claimant's petition to review benefits and challenge employer's notice of suspension, dismissing claimant's new claim petition and terminating claimant's benefits because WCJ issued a timely interlocutory order granting supersedeas in conjunction with the termination petition, timely ruled on claimant's challenge petition and properly credited employer's docto

  • Sneddon v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-02-15
    Practice Area: Employment Litigation
    Industry: Aerospace
    Court: Commonwealth Court
    Judge: Judge Crompton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0168

    Workers' compensation appeal board properly denied claimant's petition for benefits based on his alleged allergic reaction to his work uniform because workers compensation judge's opinion finding claimant did not meet his burden of proof was based on substantial, competent evidence in the record and was reasoned. Affirmed.

  • Sadler v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-02-08
    Practice Area: Employment Litigation
    Industry: Food and Beverage | State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0135

    Commonwealth properly held employer was not entitled under §306(a.1) of the workers' compensation act to reimbursement of benefits paid to petitioner during his pre-conviction incarceration because the language in the statues was clear and unambiguous and did not violate equal protection guarantees. Affirmed.

  • Bonilla v. City of Philadelphia

    Publication Date: 2021-02-08
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge DuBois
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0126

    Plaintiff's complaint, which alleged that his supervisors at the City of Philadelphia routinely discriminated against him based his status as a devout Christian and forced him to miss attending church on Sundays, sufficiently alleged religious discrimination and retaliation claims under Title II of the Civil Right Act of 1964. The court denied defendant's motion to dismiss.