clapclapclappp: November 2013

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What is at Stake as Federal Extension on Unemployment Set to Expire on December 31, 2013?

Federal Law on Extended Unemployment Benefits Will Expire on December 28, 2013

According the a recent article from Huffington Post:

The Line is Long...

* 1.3 Million Americans will have their extended UC benefits cut-off as of January 1, 2014;

* 850,000 more Americans who would be qualified for such benefits in the coming few months will never receive them.

It is Up to The Republicans

It appears that the Democratic party is ready to sign off on an additional extension of the federal
government's emergency unemployment benefit extension program. So it seems that the ball is in the court of the Republican party.

DID YOU KNOW: That the federal government has provided extended UC benefits to workers that have been unemployed since the end of WW II? I did not until I read this article, which notes this annual ritual has only become tempestuous in the past few years.

Perhaps it would be a good time to let your local politicos know your feelings. It is their job to advance and champion the wishes of their constituents.

NOTE (12/4/13): Click Here (Republicans "don't have much appetite" for extension) and Here (Dems claim extension will create 200,000 new jobs) for latest from HuffPost on the issue.

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, from worker misclassification issues to non-compete agreements…

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.

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Montgomery County Politico/Attorney Robert "Bobby" Kerns Charged In Shocking Rape Case

Attorney Robert Kerns, GOP Powerbroker for Many Years, Charged in Violent Rape Case

Wow.

Goodbye Career, Mr. Kerns

Mr. Kerns has for many years been anointing Kings and Queens, and making enemies, in Montgomery County, Pennsylvania. I worked in Montgomery County for more than 10 years, and believe me when I tell you, there are people rejoicing at his seemingly certain downfall.

It seems to me he will likely spend the rest of his life in jail, and for good reason. If what is alleged is true, this was a truly heinous crime.

Here is a synopsis of the reported allegations.

At a party for an attorney at Kerns' firm held at a local bar, an employee of the firm said that she felt overcome by alcohol and unable to drive home. She would call her husband, she said, but he was away on business. Kerns overheard her laments, and (seemingly) came to the rescue, offering to drive her home. He ordered some take out chardonnay from the bar along with two glasses (??!!), and they departed. He laced the bottle with Ambien and, by the time they got to her home, she was passed out. By then, he had already violently raped her in the car. He then took her into her home, into her husband's home, into their family's home, and raped her again.

When first confronted with her accusations, Mr. Kerns denied having sex with the victim. This became a problem when his DNA ended up on her underwear. He then denied drugging her with Ambien. This became a problem when it showed up in her blood systems.

If these things are true, then Mr. Kerns is a very bad man.

The Strength it Must Take
to Make Such a Walk...

I applaud this woman for having the incredible courage to come forward. She feared, as one could understand, that Kerns would walk given his heavyweight status in the County (she was incorrect in this - kudos to police and Montco DA Risa Ferman). I pray that she and her husband can get through this together. I hope that if they decide to sell their home they get a great price, and if they decide to stay there they in the future create thousands of wonderful memories.

While Kerns rots in jail.

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Final Report on Newtown Assassin Adam Lanza Says He Was Obsessed With Columbine

Adam Lanza

Adam Lanza Kept Spreadsheet Ranking Mass Murders

Yesterday, the State of Connecticut released its Final Report on the Newtown Massacre. It is 48 pages in length, and provides detailed findings on the lifestyle, habits, interests and mental state of killer Adam Lanza.

Click Here to read the Report.

While no definitive motive was uncovered (it appears he chose Sandy Hill elementary due to its proximity to his home), it did disclose many unknown, chilling facts about Lanza, such as:

* No one was allowed into his room, even to clean;

* He covered his bedroom windows with black trash bags;

* He was obsessed with Columbine, and kept a detailed Columbine scrapbook;

* He compiled a spreadsheet wherein he identified and ranked mass murders;

* In 5th grade, he wrote "The Book of Granny," which featured violent events including a son shooting his mother in the head, and a violent character who enjoyed hurting children. This book was found in his room, a room into which his mother seldom, if ever, ventured;

* During the 3 months that preceded the murders, Lanza communicated with his mother only via e-mail even though they lived together;

* There is no evidence that a specific "triggering event" precipitated the shootings.

Nancy Lanza

Peter Lanza

In my view, the failures of Adam Lanza's parents are unmistakable and indefensible.

You see black trash bags on the windows of your son's room, a room into which your access is forbidden? You do not speak with your son for 3 months except via e-mail even though you live under the same roof?

Apparently, Nancy Lanza's motto was "see no evil, hear no evil, speak no evil." Tragically, had she simply entered his room and looked around, it is clear she would have had great cause for alarm, which likely would have led to intervention for Adam and prevention of this tragedy.

Did Nancy Lanza not speak to Adam's father, Peter Lanza? Did he, too, not care enough about his son to drive up from New York and talk to his son? If he did so, would he have allowed his son to deny access into his bedroom?

How could parents stand by and allow their son to cut off all communication and access? Adam Lanza's father may have lived an hour or two away, but he still had a son to love and care for. But he failed to do so. He abandoned that boy, I am sad to say. Nancy Lanza did little better, turning a blind eye to an obviously troubled child.

As a result of their dereliction of parental responsibilities, 27 people lost their precious lives on December 14, 2012.

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The American Dream Revisited: Young Entrepreneurs

I have in the past hypothesized that one possible solution for the many unemployed recent college graduates is to start one's own business.

A recent article by Huffpost suggests that many bright Generation Xers have figured this out for
themselves.

Look, at one point or the other, most of us are going to have to go into survival mode. That means work, work, work with little to show for it. Generally speaking, all of us have had to do that at some point or the other in our lives.

Your Own Business?

Maybe, at some point in the past, a college degree meant that such struggles were behind us - but usually that was just a fallacy! The first child or the first mortgage payment put us right back into the trenches.

So, if you are going to struggle, if you are going to have to fight to survive, would you rather do it when you are young and strong, with little "real" obligations, or when you are older, with 2 kids and a mortgage payment?

It doesn't take a Harvard degree to answer that one!

Meanwhile, Click Here to jump to a list of some top niche job search sites on line.

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

Click Here to e-mail John directly.

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Where to Find the Best Job Postings Online?

What Are the Top Internet Job Search Sites?

Of course, who can say what the answer to that is? But, one source, SmartRecruiters.com, says that 62% of all internet job postings are found on the 50 niche job sites it lists in this post.

I find the sites to be an interesting and worthwhile collection. Then, in the finest spirit of the Internet community, some of the commentators add some additional sites for your consideration.

I think it is all worth a look.

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

Click Here to e-mail John directly.

Thanks for checking in with us.

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If You Want to Stay in the Cave, Behave! Some Witticisms From an Employees' Lawyer

Like it or Not,
You Have to Get Along With this Guy

The Caveman Mentality

When it comes to workplace disputes, I have come to conclude that we are not far removed from the thinking processes of cavemen and cavewoman. What do employees that believe they are being unfairly bullied, discriminated against, targeted or otherwise disenfranchised feel? Feelings!

What feelings? Ancient stuff. Jealousy, fear, loneliness, entitlement to a better existence...No different than what our ancestors felt.

Like those feelings, little else has changed. He who has the gold makes the rules. The biggest caveman chooses who stays in his cave. Demanding that the head cavewoman changes her ways, or asking that all of the other cavepeople rise up with you to usurp the biggest caveman generally will not work.

So, if you want to stay in the cave, behave - at least until you find better cave.

A Matter of Principle

Many employees who fight against workplace injustice, all the while incrementally destroying their job security, tell me that, while they realize they are going to lose their jobs, they will continue their battle for justice because it is a matter of principle.

Trumps Principle....

"Principle," I cry. "Oh, OK. I did not realize that was it. I'll tell you what. Call your mortgage company and tell them you will be paying your mortgage with principle for the next 6 months because you have a lot of it. If they say that is fine then, by all means, carry on your present course!"

What Came First?
Your Complaint or Discipline?

Timing is Everything

In real estate, it is "location, location, location" In employment law, it is "timing, timing, timing."

It is extremely hard to prove a retaliation case when you did not register your first complaint of X until after you received a Performance Improvement Plan. It just doesn't work.

Thirteen Traits of Strong-Minded People

Forbes.com recently posted an article identifying 13 common traits of successful, strong-minded people. Since these traits can be very valuable when dealing with work-related stress, I thought I would post this link to the Forbes article. Perhaps none too surprising, but excellent food for thought nonetheless.

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

Click Here to e-mail John directly.

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Pennsylvania Noncompete Agreements - Philly Noncompete Lawyer's Guidance

Confidentiality, Non-Competition and Non-Solicitation Clauses Enforceable in Pennsylvania

Things you should never do:

These ARE Enforceable in PA

* Solicit your former employer's customers/clients by calling, e-mailing or responding to their request that you continue working with them in your new job.

* Use your former employer's forms, website content, contact data or name in your efforts to
attract /service clients in your in your new job.

* Secretly help any do any of the above things.

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

Click Here to e-mail John directly.

Thanks for checking in with us.

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Owed Overtime in Pennsylvania?

Overtime Lawyer in Philadelphia Area: What is Misclassification?

Fuzzy About Your OT Rights?
You May Have Been Misclassified.

If you believe you should be getting overtime but are not, you may have a good claim.

Many employers intentionally misclassify workers to avoid the cost of overtime.

If you bring your overtime the company and it fires you, it has violated state and federal laws and you would have not only a claim for overtime, but for lost wages as well.

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

Click Here to e-mail John directly.

Thanks for checking in with us.

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Winning Unemployment Benefits in Pennsylvania

What Should I Say on my Pennsylvania Unemployment Application?

The truth. What does that mean?

This is NOT a Layoff!

If you were separated involuntarily from your job, you should recite the reasons you were told you were being let go, whether you believe the employer was telling you the true reason, and whether you agree that your termination was fair.

Unless you were clearly advised you were laid off or the victim of a company/department wide reduction in force, you were terminated.

When you apply, report what you were told, and you can explain your side down the road. If you quit, say so and clearly state why.

What Happens After I Apply for Unemployment in Pennsylvania?

The Service Center is Key

The UC Service Center contacts the employer to confirm the accuracy of your application and get the employer's side. The Service Center, which is who initially decides if you are entitled to benefits, may thereafter ask you and/or the employer for more information. It then issues a Notice of Determination announcing its decision.

NOTE: if it is a close call, and your initial application was misleading (i.e. you said you were laid off when you were in fact terminated), credibility determinations by the Service Center will likely go against you. That could lead not only to an initial finding that you are not entitled to benefits, but also to a finding that you received an at fault (fraud) overpayment. You don't want that!

You Must Try to Resolve Problems First!

The Unemployment Referee Hearing in Pennsylvania

If anyone appeals from the Service Center's Notice of Determination, a Referee Hearing is held. In termination (willful misconduct ) cases, the employer goes first and must prove you did wrong. Beware Hearsay!

In voluntary quit cases, the employee goes first and must prove he/she had a necessitous and compelling reason to quit.

NOTE: In quit cases, you must not only the circumstance that caused you to quit, but also that you brought those circumstances to the employer's attention and tried to work it out before you quit.

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

Click Here to e-mail John directly.

Thanks for checking in with us.

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Philadelphia Employment Lawyer: Is Your Severance Worth it? Non-competition Covenants and Severance.

WEIGHING PROS AND CONS OF SEVERANCE OFFERS IN PENNSYLVANIA

Beware of Greeks Bearing Gifts...

Consider: Your employer did not have you sign a non-compete during your employment, but has slipped a non-compete into your proposed severance agreement.

Understand: No matter what you have heard, Pennsylvania courts will enforce non-competes.

Be Aware: If you have a non-compete, it is harder to get a job. Prospective employers are leery of hiring applicants with non-competes.

Put This on One Side of the Scale...

Balance: Is the severance being offered worth the restrictions in the non-compete?

And This on the Other..

Rest Assured: If the company offered you a severance agreement, it wants you to sign. You may in fact have more bargaining power than you know.

Possibility: Hiring an attorney to help you evaluate you circumstances and, perhaps negotiate a better deal may be worth your investment.

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

Click Here to e-mail John directly.

Thanks for checking in with us.

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Negotiating Severance in Philadelphia Area

Is Your Severance Offer Mandatory Under a Contract or Policy?

Were You Promised Severance?

Some people, usually executives or highly sought after salespersons, have employment agreements requiring the payment of severance if they are terminated without good cause.

Others, such as employees working for large corporations, may be entitled to severance under the
company's defined plan (often governed by ERISA).

Union employees often get severance pursuant to the terms of a Collective Bargaining Agreement.

If you are one of these types of employees, your severance is NOT being offered voluntarily. Rather, your employer is required by law or contract to offer you severance. In such situations, you want to make sure that the terms of the severance offer are consistent with (and not more stringent than) the terms of your contract, the company's ERISA plan or the CBA.

One thing to look for: does the severance package require you to sign a non-compete agreement?

Is my Severance Offer Non-mandatory?

Is This the Best Choice?

Unless you fit into one of the above categories, your severance offer is being made voluntarily - that
is, the company is not required to offer you severance but is doing so anyway. Why would it do that? Is your employer being nice? Afraid of a lawsuit? Simply following the company's usual practice?

Whatever the reason(s), if you receive a non-mandatory severance offer, you should be mindful of Release language and/or non-competition restrictions contained therein.

Ask yourself: is what I am getting worth what I am giving up? Seek counsel if this question is troubling.

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

Click Here to e-mail John directly.

Thanks for checking in with us.

You have read this article with the title November 2013. You can bookmark this page URL http://clapclapclappp.blogspot.com/2013/11/negotiating-severance-in-philadelphia.html. Thanks!

clapclapclappp

What is at Stake as Federal Extension on Unemployment Set to Expire on December 31, 2013?

Montgomery County Politico/Attorney Robert "Bobby" Kerns Charged In Shocking Rape Case

Final Report on Newtown Assassin Adam Lanza Says He Was Obsessed With Columbine

Top Paying Post-Graduate Degrees

The American Dream Revisited: Young Entrepreneurs

Where to Find the Best Job Postings Online?

If You Want to Stay in the Cave, Behave! Some Witticisms From an Employees' Lawyer

Pennsylvania Noncompete Agreements - Philly Noncompete Lawyer's Guidance

Owed Overtime in Pennsylvania?

Winning Unemployment Benefits in Pennsylvania

Philadelphia Employment Lawyer: Is Your Severance Worth it? Non-competition Covenants and Severance.

Negotiating Severance in Philadelphia Area

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