In Trouble at Work? Some Things to Ponder

I am in Trouble at Work - What Can I Do?

First, you must consider your employment status. Then you must HONESTLY assess the reasons for your precarious position.  Finally, you must understand the way various laws work, and how you may be able to use them to your advantage, or to at least minimize the damage.

We explore each of these propositions below.

NOTE:  We are not discussing discrimination, hostile work environment, unlawful retaliation, wrongful termination, etc., in this Post.  Click Here for the full rundown on all such employment laws. 

There is a Word for At-Will Workers
Who Do This:  "Fired!" 

You Are Probably an At-Will Employee

First thing to understand is that, with few exceptions (Unions, Government employees, executives with contracts), you are employed at-will.  That means you may be fired for good reason (repeated violation of work rules after warning, insubordination, true poor performance, sleeping on the job, coming to work under the influence, etc.), a bad reason (petty politics, being falsely accused of misdeeds, perceived poor performance, etc.) or no reason at all (i.e. loss of job through no fault of your own such as layoff, reduction in force, etc.).

What this means, in a nutshell, is that neither management nor your fellow employees are legally obligated to treat you fairly, with respect or in an honest fashion.  Moreover, management is free to favor one employee over another (unless due to unlawful motives, discussed Here) and there are no laws that require otherwise.

Basically, if you are an at-will employee, you are at the mercy of your employer if you find yourself  in hot water.  There is no "authority," beyond management within your company, that can help you.



They Won't Come if You Call
About an Unfair Situation at Work

CONSIDER:  If after being awakened one night by an intruder you call the police, they will come and assist you.  However, there are no "civil police" that you can call who will come to your office if the boss is being mean, or if a co-worker is lying about you behind your back.


Why Are You in This Predicament?

This is the hard question.  Burnout could certainly be a factor.  Click Here to read a superb article from Lisa M. Gerry of Forbes.com discussing the burnout phenomenom. 

My experience is that people who believe that they are being treated unfairly at work often complain to management, believing that the company will support them and treat them fairly.  Problems escalate when the company does not respond in a way the complaining employee feels is appropriate.  Soon after, the employee begins to feel disfavored, excluded and targeted.  That is when I am usually called to provide guidance.

Here are some realities for an at-will employee, based upon my experience since 1991:

*  HR will almost always side with your manager/boss/supervisor;

*  Management will always expect you to respect its decisions and to follow its orders;

*  Companies do not like people who complain, and will often target them for termination, or try to make them quit;

Working With Adults No Different

*  If your co-employee is out to get you, it is best to find a solution with him/her.  The rules of the playground control at work.  If you complain about your co-worker, you will often fall out of favor withe management.  Hold your friends close, and your enemies closer;

*  If the situation seems unmanageable and beyond repair, it probably is.  Best to lay low and start looking for a new job.

I am sure all of these notions strike many of you as harsh and unfeeling.  However, twenty-plus years of working with management and employees have made clear to me that, like it or not, the above-principles are largely immutable.

That is reality, unfortunately.

What Can You Do/What Should You Not Do?

If your job is salvageable, it is most likely salvageable only if you "kiss the ring" of your employer by acknowledging that you recognize that you need to be a better job as an employee.  Meanwhile, try and build bridges with the supervisor or co-worker(s) causing you trouble.

Don't Let Them Make You Quit

If you believe that your job cannot be saved, then DO NOT QUIT.  Make them fire you.  Do your
best job, do not do anything "stupid" and make them fire you.  That is the best way to increase your chances for a severance package (people who quit almost never get severance pay) and unemployment benefits.

In some situations, you may want to take Family and Medical Leave (for stress, etc.) in order to give yourself an opportunity to seek a new job while you are still officially employed.

These are admittedly complicated situations, and I have met with many troubled workers to help them navigate through these difficult situations. 

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave…

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues…

Click Here to e-mail John directly.

Thanks for checking in with us.

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50% of 2012 College Grads Unemployed or Underemployed

Class of 2012: What Percentage of Recent College Graduates Are Unemployed or Underemployed?

An article in the HuffPost today disclosed that 50% of all recent college graduates are unemployed or underemployed (i.e. working in jobs that they couldf have gotten without their college degree). 

From HuffPost:

Hang in there, Kids!

While there's strong demand in science, education and health fields, arts and humanities flounder. Median wages for those with bachelor's degrees are down from 2000, hit by technological changes that are eliminating midlevel jobs such as bank tellers. Most future job openings are projected to be in lower-skilled positions such as home health aides, who can provide personalized attention as the U.S. population ages.

Taking underemployment into consideration, the job prospects for bachelor's degree holders fell last year to the lowest level in more than a decade.



Ugh!

Another recent report found that more than 250,000 recent college graduates are working in minimum wage jobs.  Not good.

As a father of one recent college grad (who is underemployed), and one soon to be a 5th year senior (maybe not the worst thing in the world), I surely hope that this trend turns soon....


UPDATE:  A recent report states that 15 of the World's best companies currently have more than 25,000 quality jobs posted on-line. 

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, from discrimination and retaliation laws, to Family and Medical Leave and worker misclassification issues…

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, Independent Contractor/Self-Employment issues, Referee Hearings, severance issues…

Click Here to e-mail John directly.

Thanks for checking in with us.

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Solicitation of Former Clients or Customers: Surefire Way to Get in Hot Water on Non-Compete Agreements in Pennsylvania

In Pennsylvania, if You Have a Non-Compete Agreement and Solicit Former Clients or Customers, You Are Asking for Trouble


Focus on New Customers

If you have a non-compete agreement, and nevertheless go to work for a new company that competes with your former employer, you will likely be all right UNLESS you try and take customers or clients away from your former employer.

Why is that?

Pennsylvania courts generally do not want to enforce non-compete agreements against Joe/Jane Average Employee simply because he/she is working for a competitor of his/her former employer.

Rather, non-compete agreements are enforced only where doing so is necessary to protect the legitimate business needs of the former employer. 

Simply stated, the average employee working for a competitor of his/her former employer does not pose a true threat to the former employer's legitimate business needs. 

NOTE:  If you posses knowledge about a true trade secret maintained by your former employer, then you are NOT Joe/Jane Average.  For example, Thomas's English Muffins closely guards its formula for how to put the nooks and crannies in its muffins.  Only 7 people within the company know the secret.  When one of those 7, Senior VP Chris Botticella, left and joined Hostess, his non-compete agreement was enforced.

Soooo good.  And so Very Secret!

Odds are, you do not have such a trade secret.  If you do, however, your non-compete agreement will be enforced even if you never solicit a former client or customer.

How Do I Know What State's Laws Apply to My Non-Compete Agreement?

What Law Applies?

This is usually spelled out in the contract.  Click Here to learn more.  Otherwise, the law of the state in which the contract was signed and/or performed will control.  It is important for you to determine what state's laws govern your contract before selecting a lawyer to help you.

Under Pennsylvania Law, Soliciting Clients or Customers of Your Former Employer Does Pose a Threat to Your Former Employer's Legitimate Business Interests

Indirectly = No Straw Parties

However, if you utilize the contacts you made with clients or customers during your previous employment in order to take business away from your former employer after you leave, a Pennsylvania court will usually stop you in your tracks.

Why?  Well, the overwhelming majority of non-compete agreements contain non-solicitation clauses that prohibit the solicitation of former customers. And, while merely working for a competitor of your former employer is not going to cause them provable harm (no mater how wonderful you are), taking their customers will cause them provable money damages. Courts will not countenance that, and your next stop will be Injunctionville.

So, my advice is, stay away from those former customers! 

By the way, you cannot get around this problem by using a third-party, a straw person if you will, to solicit those former customers on your behalf.  Almost all non-solicit agreements clauses say that you cannot "directly or indirectly" solicit former customers.  Using a straw person is exactly what they mean by "indirectly."

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania. 

John also has referral arrangements with attorneys skilled in representing employees throughout the United States.  Click Here to request a referral.

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave…

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues…

Click Here to e-mail John directly.

Thanks for checking in with us.

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Pennsylvania's Unemployment Compensation Board of Review

What You Need to Know:    Appealing the Decision of an Unemployment Referee to the Pennsylvania Unemployment Compensation Board of Review

WHAT IS THE UCBOR?

UCBOR: Very Fair, in my Experience

The Pa Unemployment Compensation Board of Review (“UCBOR”) is the first level of appeal from Decisions rendered by Referees.  I believe it is fair to say that UCBOR considers and decides thousands of appeals per year.  If one disagrees with the UCBOR’s decision, the next step is an appeal to the court system, and specifically to the Commonwealth Court.

UCBOR – WHO ARE THESE PEOPLE?

The UCBOR is comprised by three people who are appointed by the Governor of Pennsylvania to 5 year terms.  In 2013, those three people are: 

Richard W. Bloomingdale - Chairperson
Eileen B. Melvin - Member
Larry Dunn - Member

These 3 have been the UCBOR since at least 2006, so they have a lot of experience – they have seen it all!  Their appeal decisions are not published anywhere (there would be tens of thousands, I am sure), so there is no way to track “precedent” where UCBOR decisions are concerned.

Therefore, the only way to determine what one’s odds are for winning a case is to examine decisions from Pennsylvania’s Commonwealth Court, which decides all appeals taken from UCBOR decisions.

Despite the absence of UCBOR precedent, it is possible to get a sense as to the UCBOR’s predilections (i.e. possible lean towards employer versus employee), by examining the credentials of the Board Members themselves.  So, let’s do that. 

Richard W. Bloomingdale - Chairpersonis an interesting person, a labor union activist who has served as President of the Pennsylvania AFL-CIO since 2010.  I believe he is from the Carlisle, since he lectures at the War College there.  He was appointed to the UCBOR by Governor Rendell(R).  He has been the Chairman of the UCBOR since 2005.  One would think he is liberal where employee rights are concerned.

Eileen B. Melvin - Member has served on UCBOR since 2002.  She identifies herself as a businesswoman and President and CEO of UMF Medical since 2009.  This company is located in the Johnstown area, and makes medical equipment for health care facilities.  It does well, apparently. 

She was appointed to UCBOR by Governor Schweiker(R) in 2002 and reappointed by Governor Rendell in 2007. It has been reported that in 2012, Governor Tom Corbett(R) appointed her as Chairman of the UCBOR, but as of this date (12/5/12), Mr. Bloomingdale serves in that capacity.

In 1996, Melvin was unanimously elected Vice-Chair, and later Chair of the Republican State Committee of Pennsylvania, serving a total of 10 years through numerous victories, including the election of Governor Ridge, U.S. Senators Rick Santorum and Arlen Specter, and winning majorities of the PA Congressional delegation, State Legislature, and Appellate Courts. She was appointed by Senators Specter and Santorum to the Federal Judicial Nominating Committing and served for 12 years.

Given her career arc, status as business owner and political affiliations, it may be fair to assume that Ms. Melvin leans towards employers.

Larry Dunn is from Delaware County and, like Mr. Bloomingdale, is an employee advocate who has been involved with unions.  He was appointed to UCBOR by Governor Rendell in 2006; at that time, he was president of the Philadelphia Metropolitan Regional Council of Carpenters, was secretary of the Philadelphia Joint Apprenticeship Committee and served as an alternate delegate to Team Pennsylvania Foundation's Executive Committee, which fosters public-private collaboration for building a business-friendly economic environment in the commonwealth.  Presumably, Mr. Dunn was subsequent to 2011 reappointed to an additional 5 year term on UCBOR by Governor Corbett.

All in all, an evaluation of the UCBOR suggests that it is at a minimum fair to employees.  That has been my experience as well.

HOW DOES THE UCBOR WORK?

I must confess that I am not sure!  It seems apparent, given their locations and vocations, that they do not gather together in Harrisburg to decide appeals.  So I am guessing, and it is only a guess, that they have a staff of paralegals/clerks/assistants who review appeals in Harrisburg and make recommendations to the Board Members about how cases should be decided, which are then approved by the Board, or subject to further analysis and discussion among Board Members.  That is probably the best explanation for how the 3 Members of the UCBOR can make thousands of decisions per year while gainfully employed in their own careers.

HOW DOES THE PENNSYLVANIA UNEMPLOYMENT COMPENSATION BOARD OF REVIEW DECIDE APPEALS FROM REFEREE DECISIONS?

First thing that you must understand is that this is a paper review.  That is, the UCBOR never, ever conducts a hearing, and always bases its decision on 1) what was said at the Referee Hearing; 2) the evidence presented at the Referee Hearing; and, 3) the law as decided by the Pennsylvania’s appellate courts on cases involving similar facts and evidence.  

The Board must follow the law – the law established by its higher authorities, the Commonwealth Court and, above that, the Pennsylvania Supreme Court.  So, the best way to determine your chances for winning an appeal from a Referee’s Decision are to find and examine cases dealing with similar facts decided by the Commonwealth Court.  Of course, while this may be like finding a needle in a haystack for the average Claimant, this is precisely the type of research that lawyers conduct on a regular basis.

There are two ways to appeal a Referee Decision to the UCBOR. The first is to simply file an Appeal and do nothing more.  In that case, the UCBOR will review the transcript and exhibits from the Referee Decision and make a decision as to whether to uphold the Referee without any further input from you.

The second is to file an Appeal, request a copy of the transcript and exhibits, and then file a Brief after review of same, citing relevant evidence presented at the Hearing and applicable precedent in your favor.

John A. Gallagheris an employment lawyer who represents employees in Pennsylvania.
 

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave…
 

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues…
 

Click Here to e-mail John directly.
 

Thanks for checking in with us.

 

 

 

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The 38 United States That Ban Same Sex Marriage

The 38 States that Ban Same-Sex Marriage ("SSM")

SOURCE: USA Today.  Click Here for USA Today's interactive map on this issue. 

States that Ban SSM
 
States that Allow SSM

States That Neither Ban Nor Permit SSM

1. Alabama
2. Alaska
3. Arizona
4. Arkansas
5. California
6. Colorado
7. Connecticut
8. Delaware
9. Florida
10. Georgia
11. Hawaii
12. Idaho
13. Illinois
14. Indiana
15. Iowa
16. Kansas
17. Kentucky
18. Louisiana
19. Maine
20. Maryland
21. Massachusetts
22. Michigan
23. Minnesota
24. Mississippi
25. Missouri
26. Montana
27. Nebraska
28. Nevada
29. New Hampshire
30. New Jersey
31. New Mexico
32. New York
33. North Carolina
34. North Dakota
35. Ohio
36. Oklahoma
37. Oregon
38. Pennsylvania
39. Rhode Island
40. South Carolina
41. South Dakota
42. Tennessee
43. Texas
44. Utah
45. Vermont
46. Virginia
47. Washington
48. West Virginia
49. Wisconsin
50. Wyoming

Also, Washington, D.C. permits same-sex marriage. 


Same-Sex Marriage Symbol

Of the 38 state laws that ban gay marriage, only one, Proposition 8 out of California, has been considered by the Supreme Court. We await word on the outcome of the argument in that case held on March 26, 2013.  Should SCOTUS overrule Proposition 8, then all of the red states above will change to orange states. 

Then, as the years go by, it is presumed that many will become green states...

If, on the other hand, SCOTUS upholds Proposition 8, the red states  and green states will presumably stay as they are for the foreseeable future, and the orange states will either stand pat, or make a final decision on this issue.

SCOTUS is also considering the legality of the the Federal Defense of Marriage Act ("DOMA"). Click Here for our analysis of the DOMA issue before the U.S. Supreme Court. 

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Name the 3 States That Neither Permit Nor Forbid Gay Marriage

There Are 3 States in America That Neither Forbid Nor Permit Gay Marriage

The 3 states that neither allow or forbid gay marriage are: New Mexic, New Jersey and Rhode Isalnd. 

Click Here to view interactive map on gay marriage issue. 
 

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What 9 States Allow Gay Marriage?

There Are Only 9 States in America That Permit Gay Marriage

They are: Washington, Iowa, New York, Maine, Massachussetts, New Hampshire, Vermont, Connecticut and Maryland. 

The District of Columbia (Washington, D.C.) also allows gay marriage. 

Click Here for interactive map identifying laws of each state where gay mnarriage is concerned. 

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What is at Stake in SCOTUS Decision on Defense of Marriage Act?

The Rights Denied to Same-Sex Marriage Partners Under the Defense of Marriage Act ("DOMA")

Today, the U.S. Supreme Court ("SCOTUS") heard argument on the legality of DOMA.  To quote an article posted today on Cnn.com, the rights at stake in this case are as follows:

"Under the law, federal tax, Social Security, pension and bankruptcy benefits, along with family medical leave protections and other provisions do not apply to gay and lesbian couples legally married in states that recognize such unions."

Let me break down some of these key issues.

Under DOMA, Same-Sex Marriage Partners Are Not Covered Under the Family and Medical Leave Act

One of the key benefits under FMLA is the right to take leave to care for a spouse who has a physical injury or illness.  Under DOMA, same-sex marriages are not recognized, so a spouse in a same-sex marriage is not entitled to leave under FMLA to care for his/her spouse.

Under DOMA, Same-Sex Partners Are Not Entitled to Social Security Benefits Accrued by Their Spouse in the Event of the Death of Their Spouse

Under the Social Scurity Act ("SSA") if a spouse dies, the other spouse is entitled to Social Security benefits that were earned by his/her spouse prior to death.  Under DOMA, they get nothing.

Under the SSA, the amount of benefits to which a disabled citizen is entitled increases if the worker is married, has a family, etc.  Under DOMA, no increase is afforded, because a spouse in a same-sex marriage is not recognized as married.

The same principles apply to federal employees who have accrued pension and death benefits in the course and scope of their employment.

Married - Filing Jointly - uh, No

Under DOMA, a Same-Sex Couple May Not File Taxes Jointly

Our tax code provides for lower tax rates/obligations for a married couple as opposed to someone filing as single.  This benefit was meant to encourage the creation and maintenance of the marriage institution. 

Under DOMA, a same-sex married couple is not recognized as married, and therefore may not file a joint tax return as a married couple. 


My Forecast (For What It's Worth!)



SCOTUS:  Will Kennedy Be Swing Vote?

My prediction?  SCOTUS will throw out DOMA.  Does that mean that same-sex married couples will automatically be afforded the rights discussed herein?  I am not an expert in this area, but my answer to this question is - "Sometimes."




My guess is that same-sex couples married in one of the 9 states that sanction such marriages (plus D.C.) will be entitled to such benefits.  However, for couples who have "Common Law Marriages" (i.e. who have lived together for X years and held themselves out to be married, but do not have actual state-sanctioned marriage certificates), the answer will be - "No federal benefits."

Click Here to read our analysis of the Scotus consideration of the constitutionality of California's Proposition 8, which bans same-sex marriage.  Argument on that case was heard on March 26, 2013.

Decisions on both DOMA and Proposition 8 will likely be issued together by SCOTUS within the next 3 months or so.



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Can I Win My Pennsylvania Unemployment Hearing By Proving I Was a Good Employee?

Generally speaking, no.  Click Here for a full examination of this issue. 

John A. Gallagheris an employment lawyer who represents employees in Pennsylvania.

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave…

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues…

Click Here to e-mail John directly.

Thanks for checking in with us.

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The Burden of Proof in a Pennsylvania Unemployment Hearing

In Willful Misconduct Cases

Your former employer must prove that you did something wrong.  This may be a single act or set of circumstances (i.e. you stole money, had a physical altercation with a co-worker, refused a direction from your boss, etc.) or that you violated a work rule after having been warned about prior violations of that rule (i.e. repeated lateness, repeated failure to clock-in/out, etc.).

Who Must Carry the Water?

So, in these cases, it is the employer that must submit competent evidence of your wrongdoing. If they do not meet this burden, you will win.

What is competent evidence?  Testimony by a witness who actually saw your alleged actions.  This often implicates the rules of Hearsay.  Bear in mind though, that if you do not object to Hearsay evidence, it will be admitted into evidence. If such evidence is admitted into evidence, it will be hard for you to win the case, since the witness in question will not be there for you to cross examine! 

Employers often rely upon Hearsay at Hearings.  A qualified lawyer can exclude that evidence, which will leave the employer with no competent evidence of your alleged wrongdoing, That is how I win many of my cases! 

Click Here to check out our Video on Hearsay. 

Will My Record of Outstanding Past Performance Help Me Win My Willful Misconduct case?

No.  The issue is not what you did over the 20 years of your employment in a willful misconduct case.  rather, it is what you did on the date of the incident that led to your termination that matters.  Click Here for further discussion on this issue. 

In Voluntary Quit Cases

The burden is on you to prove that you had a necessitous and compelling reason to quit your job. 

In Independent Contractor Cases

The presumption under the law is that all workers are employees (i.e. paid W-2 wages).  The burden is on the employer to prove otherwise, i.e. that you were an independent contractor (paid 1099 wages).

Why is the Burden of Proof Important?

Well, the party who has the burden of proof must prove their case.  If the party cannot do so, the other party automatically wins the case, and does not need to introduce any evidence.  Thus, the party with the burden of proof always testifies first in a hearing, and the other party only needs to put on evidence if their opponent satisfies their burden.

I win many cases by stopping employers from meeting their burden of proof by eliminating hearsay, excluding documents that are not authenticated, etc.  In those situations my client, who was expecting that he/she would have to prove that they did "a good job" or that they were "innocent of the charges," really says little more than that they did their job to the best of their ability and, Whoolah!, we win.

Easy as pie (fpor a lawyer!).

John A. Gallagheris an employment lawyer who represents employees in Pennsylvania.

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave…

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues…

Click Here to e-mail John directly.

Thanks for checking in with us.

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Performance Appraisals, Performance Evaluations and Character Evidence at a Pennsylvania Unemployment Hearing?

Should I Introduce My Performance Appraisals at My PA Unemployment Hearing?

If your Hearing relates to Willful Misconduct, it typically will revolve around one of three issues: 
1) a single event or circumstance that (allegedly) led to your termination; 2) a violation of a work rule after having received a warning about prior violation(s) of that rule; or, 3) your were fired for poor performance.

Let's discuss the first scenario first; in doing so I will use a simple example that will prove my point.

Presidential Decree for You!

All Hail Your Service Record

 

 

Assume that on January 1, you are selected as the "Best Employee in America" by the President of the United States.  The Pope seconds your selection, as does the United Nations.  Your accomplishment is publicized on the front of the N.Y. Times and the Wall Street Journal.

On February 1, you are caught on videotape at work stealing $10,000 in cash from the company.  You are fired, and a Hearing ensues.

This is Willful Misconduct!

Do you believe that your outstanding record of past performance will help you win that case?  Of course not, you were fired for stealing money, that is clearly willful misconduct, and your past record has absolutely no bearing on the Referee's thinking or decision-making process.

In essence, that example holds true for the second issue as well.  If you were warned about being late on 4 prior occasions, and then were an hour late the next day, your otherwise stellar record will have zero bearing on whether you engaged in willful misconduct by repeatedly violating a reasonable work rule after warning.

Will My Performance Evaluations Help Me at My PA Unemployment Hearing?

Now, the third situation, that involving alleged poor performance, is a whole different kettle of fish. Logically, one would believe that your record of past performance would be relevant in a Hearing centered upon your alleged poor performance.

However, you do not need to worry about proving that you were, in fact, a good performer during your employment in such a case, because poor performance is not willful misconduct under Pennsylvania Unemployment Law.  In other words, if the employer states that you were fired for poor performance, you will not be disqualified from receiving unemployment benefits because, under Pennsylvania law, poor performance is not conduct that disqualify your right to receive such benefits. 

So, if you are involved in a poor performance Unemployment Hearing in Pennsylvania, do not worry about proving you were a good performer; rather, simply say that you worked to the best of your ability and you should be just fine.

Click Here for our discussion on the Burden of Proof at Unemployment Hearings.  This is very important to understand.

John A. Gallagheris an employment lawyer who represents employees in Pennsylvania.

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave…

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues…

Click Here to e-mail John directly.

Thanks for checking in with us.

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"Drug-Crazed She Devil" Amanda Knox Ordered to Stand Trial Again

Italian High Court Orders New Trial for Amanda Knox and Raffaele Sollecito

"Foxy Knoxy"

Amanda Knox, nicknamed "Foxy Knoxy" by the Italian press, and called a "Drug-Crazed She Devil" by Prosecutor Giuliano Mignini during his closing argument in her first trial, today was ordered to stand trial for a second time by Italy's Supreme Court, known as the Court of Cassation.

Sometimes Forgotten Victim Meredith Kercher

Ms. Knox and Raffaele Sollecito were initially found guilty of the brutal murder of Meredith Kercher by an Italian trial court.  That conviction was overturned by an Italian appellate court. Now, Ms. Knox and Mr. Sollecito will be required to stand trial for a second time.



Sollecito

Prosecutor Mignini

Click Here for our comprehensive coverage of this shocking turn of events, including a Timetable of Events, and links to a variety of sources, including the influentional Rolling Stone article on the Kercher tragedy published in 2011.

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Supreme Court "Reluctantly" Takes Argument on Same-Sex Marriage Rights

Supreme Court 2013

At issue in today's argument was whether states have a right to prohibit same-sex marriages.  All told, 38 states ban same sex marriages, 9 permit them (as does Washington, D.C.) and 3 have remained non-committed on the issue. 

The case before SCOTUS was filed by two couples seeking to overturn California's Proposition 8 ban on same-sex marriages. Tomorrow, the Court will consider a challenge to the federal Defense of Marriage Act, which denies financial and other benefits to legally married same-sex couples.

The New Same-Sex Marriage Symbol

Legally, if the Court should overturn the California ban, then it seems logical to conclude that the
laws in the other 37 states that forbid such marriages would cease to have effect.  All 38 states previously banning gay marriage would then become "non-committed,"and would have to decide thereafter whether to remain pat or join the 9 states that permit gay marriage. 

With regard to the federal Defense of Marriage Act, it no longer has any support from Washington, D.C.  Indeed, President Obama has publicly stated his view that same-sex marriages should be allowed.  Yet, it is unclear what the impact would be should the Court strike down the DOMA as unconstitutional.  Would that mean that married same-sex couples would be entitled to the same federal benefits afforded traditional married couples?  We address that issue Here.

Click Here for a full report from Washington, courtesy CNN.com.

The Scene in Washington

Click Here to review a map of identifying the laws relating to same-sex marriages in our 50 states, along with a comprehensive examination of the issues from USA Today. 

Click Here for our analysis as to the possible outcomes of the decision by SCOTUS on Proposition 8. 

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Italian Court Orders New Trial for Amanda Knox

New Trial Ordered for Amanda Knox and Raffaele Sollecito in Murder of Meredith Bercher

Italy's Supreme Court has vacated the decision of a lower appeals court that overturned her murder conviction, and ordered a new trial.  That means that Ms. Knox and her alleged accomplice, Raffaele Sollecito, will now have to stand trial again.

Ms. Knox is living in Seattle, while Mr. Sollecito, who it has been reported turned 29 today, lives in Italy.

Reportedly, the new trial will not be held in Perugia, the situs of the murder and the locale of the first trial, but rather in Tuscany. 



Amanda Knox - Will Stay in Seattle

Raffaele Sollecito - Not a Happy Birthday

Victim Meredith Kercher

Ms. Knox has stated that she has no intention of returning to Italy for her new trial.  It remains to be seen what would occur if she was convicted in absentia.  Italy could under such circumstances seek her extradition.  That undoubtedly would cause quite an international stir. Mr. Sollecito will likely stand trial alone.

Ms. Knox and Mr. Sollecito are accused of the brutal murder of Ms. Knox's roomate, Meredith Kercher.  Rudy Guede was tried separately from Knox and Sollecito in connection with the Kercher murder, and was convicted. That verdict has been upheld, and he remains incarcerated. 


Rudy Guede - Convicted

Click Here for Timetable of Events in Kercher tragedy and its aftermath.









Prosecutor Giuliano Mignini, who during closing argument referred to Knox as a "drug-crazed She Devil," now gets a second chance to obtain a conviction. 

Mignini - Knox a "She Devil"

Click Here to read one of the best stories of its ilk I have ever read, "The Neverending Nightmare of Amanda Knox," authored by Nathaniel Rich in the June 27, 2011 edition of Rolling Stone.

Mr. Rich's article, which was published after the convictions of Ms. Knox and Mr. Sollecito, is widely-credited with creating a groundswell of support for Ms. Knox in the U.S.  The article comprehensively explores the facts of the case, the mistakes made by Ms. Knox in the immediate aftermath of the murder, and the deeply held belief of Prosecutor Mignini that the murder was a by-product of Satanical influences.

Click Here to read an excellent overview on the Knox case, and the implications of the Supreme Court's decision, published today by the Telegraph's Rome correspondent, Nick Squires.

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What State's Law Applies to My Employment Contract?

What is a Forum Selection Clause?

Different states have different laws.  In any legal dispute, the first thing a court does is decide what state law applies to the matter.

"It's governed by Pennsylvanis law..."

Many companies like to choose what state law will apply to any dispute arising out of an employment
agreement.  Often, they choose the law of the state where the company's home office is located.  

These clauses are almost universally upheld by courts throughout the country.

How Do I Know What State's Law Applies to my Employment Contract?

Almost all employment agreements contain a forum selection clause.  It is usually found within one of the last 3-4 paragraphs of the agreement, and usually says something like:  "Any dispute arising out of or relating to this agreement shall be decided under the laws of the state of _____]."

So, when choosing a lawyer, it is key that you make sure to get one experienced and licensed to practice in the state selected in the choice of law clause.

Click Here for our overview of Pennsylvania law on non-compete agreements.

Click Here for our overview of Pennsylvania law on wage disputes.

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.  

John also has referral arrangements with attorneys skilled in representing employees throughout the United States.  Click Here to request a referral.

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave…

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues…

Click Here to e-mail John directly.

Thanks for checking in with us.

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