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Publication Date: 2020-07-27
Practice Area: Employment Litigation
Industry: Health Care
Court: Superior Court
Judge: Judge King
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0796
Appellant appealed the denial of his post-appeal motion for attorney fees incurred in the appeal and collection of judgment in his breach of employment contract action under the Wage Payment and Collection Law and court found trial court correctly concluded it lacked jurisdiction to consider appellant's untimely motion. Affirmed.
Publication Date: 2020-07-27
Practice Area: Employment Litigation
Industry: Distribution and Wholesale
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0792
Claimant challenged the denial of unemployment benefits on the basis he voluntarily left his employment when he entered an in-patient substance abuse treatment program and court agreed with board that claimant's decision to consume alcohol and drugs while on parole, despite being aware of the potential consequences, was sufficient for the board to conclude he was voluntarily unemployed without a necessitous and compelling reason. Affirmed.
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.
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.
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.
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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.
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.
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.
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.
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.
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