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  • Wells v. Unemployment Comp. Review Bd.

    Publication Date: 2020-07-27
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0794

    Claimant appealed referee's finding she was ineligible for benefits because she chose to resign, board chairman recused himself due to a conflict of interest which left board without a quorum and board issued an order stating referee's decision would stand as final and court found the law of necessity required board to determine the merits of claimant's appeal. Vacated and remanded.

  • White v. Beaver County

    Publication Date: 2020-07-27
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Hornak
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0797

    Plaintiff moved for an award of costs and fees after jury found he wasan "employee" of county and was owed overtime under the Fair Labor Standards Act and court calculated the lodestar amount, found the rate and number of hours reasonable but reduced the amount since plaintiff was less successful monetarily by going to trial rather than accepting defendant's rule 68 offer of judgment. Motion granted.

  • Szwerc v. Lehigh Valley Health Network, Inc.

    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.

  • Spivey v. Unemployment Comp. Bd. of Review

    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.

  • 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.

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  • 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.

  • 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.