Unemployment Compensation Hearings: Sometimes You Get a Do-Over
Written by Patricia Collins
By Patricia C. Collins, Esquire, Reprinted with permission from the March 23, 2015 issue of The Legal Intelligencer. (c) 2015 ALM Media Properties. Further duplication without permission is prohibited.
Recently, the United States District Court for the Eastern District of Pennsylvania, in Mathis v. Christian Heating and Air Conditioning, Inc., 13-3747 (March 12, 2015), examined the effect of factual findings in unemployment compensation proceedings in Pennsylvania on discrimination claims filed in federal court. The conclusion? The discrimination case is a “do over,” and nothing determined by the tribunal (including the Unemployment Compensation Board of Review and the Commonwealth Court) will collaterally estop either party, presumably, from taking a contrary position in the subsequent wrongful termination suit.
The facts are these: Mr. Mathis was employed at Christian Heating and Air Conditioning (“Christian Heating”) for nearly two years. During that time, Mr. Mathis had placed black tape over part of his identification badge. The objectionable part of the card professed the company’s mission statement to, inter alia, run the business in a way that was “pleasing to the lord [sic]….” Mr. Mathis’s supervisor and the owner of the business required him to remove the tape from the back of his badge. Mr. Mathis refused to do so, and contended that he was terminated as a result.
Thomas P. Donnelly and Antheil, Maslow and MacMinn were approved in the United States District Court for the Eastern District of Pennsylvania as counsel to a conditionally certified class of employees relating to claims for overtime pay raised under the Fair Labor Standards Act. The Complaint in Harrison v. DelGuerico’s Wrecking and Salvage et al. alleges that the company failed to compensate employees for overtime hours worked and, further, that the company mischaracterized employees as independent contractors over the span of several years. The company argues an exception to the Fair Labor Standards Act. Conditional certification and the form Notice to the putative class was approved on March 18, 2015.
AMM Partners Bill MacMinn and Tom Donnelly of the Firm's commercial litigation practice group will present a CLE on May 13th at 8:30 - 9:30 a.m. at the Bucks County Bar Association entitled "My Partner is Stealing - What Now?" This Intermediate seminar will deal with what happens when a partner is found to be stealing from the business, and continued operations in the ordinary course can be impossible. The presenters will reveiw the implication of the wrongdoing, the role of organizational documents, rights and remedies available to each party, litigation strategies, termination of employment and transfers of ownership interests.
With decades of collective experience analyzing and resolving complex and diverse issues unique to business transactions, relationships and disputes. Antheil Maslow & MacMinn's commercial litigation group brings exceptional skills to bear when conflicts arise regarding capital contributions, asset valuation, organizational documents, shareholders' rights and tax ramifications.
We are proud to sponsor the Big Brothers Big Sisters of Bucks County Bowl for Kids' Sake Fundraising events happening throughout the county. This is Big Brothers Big Sisters of Bucks County’s premier fundraising event, where people get together with friends, family, and co-workers and have a fun time bowling in support of our mentoring programs in our community. Big Brothers Big Sisters of Bucks County works to help broaden children’s perspectives and help them learn how to make good choices.
We want to encourage others to join the effort, whether you start a team, become a corporate sponsor or make a donation, its a great organization and a great feeling to help local youth on the path to fulfilling their potential and succeeding in school and life.
We are proud to announce the addition of Jessica Pritchard to chair the Firm’s Family Law practice group. Jessica focuses her practice exclusively in the area of family law, where she handles all phases of the negotiation and litigation of domestic relations cases, including divorce, child custody, child support, alimony/spousal support, equitable distribution, and prenuptial and postnuptial agreements. She has extensive experience working with high net worth individuals experiencing dissolution of their marriage or partnership.
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215.230.7500, ext. 140
jpritchard@ammlaw.com
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Education
- Temple University, Beasley School of Law, J.D. 1999
- Catholic University of America, B.A., 1996
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- Pennsylvania
- New Jersey
Mike Mills will speak on the topic of “Special Needs Trusts” at the Pennsylvania Bar Institute’s (“PBI”) upcoming seminar “Estate Planning: Beyond the Basics.” The program will be held in Philadelphia on March 12th, and will also be simulcast to county bar associations throughout the state. The PBI is the nonprofit Continuing Legal Education arm of the Pennsylvania Bar Association, and its mission is to provide Pennsylvania lawyers with information that is timely, practical, cost effective, and of the highest possible quality.
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For more information about our Family Law services, contact:
Antheil Maslow & MacMinn’s Family law group is well versed in the complicated financial elements of divorce relating to real estate, investments, complex income and compensation, self-employment, business interests, and the tax consequences associated with divorce, property division, and family support. Our experienced legal team has extensive experience working with high net worth individuals experiencing dissolution of their marriage or partnership in Bucks, Montgomery, Delaware, Chester, and Philadelphia Counties.
Our Family Law attorneys are dedicated to providing supportive, proactive advocacy to clients in need of assistance with family law matters. Nothing could be more sensitive than issues affecting the future of your family and your finances. Our attorneys understand the complex challenges and emotional impact of divorce, child custody, child support, spousal support, alimony, equitable distribution, and preparing for marriage or domestic partnership. We understand the emotional impact of these life-altering issues, and work hard to negotiate the best outcome throughout the process. Should litigation be necessary, our experienced attorneys will be vigorous advocates for you throughout all court proceedings.
Our Family Law services include:
- Adoption
- Alimony
- Arbitration
- Child Custody
- Child Support
- Custody Relocation
- Divorce
- Equitable Distribution
- Grandparents' Custody Rights
- Marital Settlement Agreements
- Mediation
- Prenuptial and Postnuptial Agreements
- Separation Agreements
- Third Party Custody Rights
We are proud to announce that Joanne Murray, a partner of the firm, began her term as President of the Bucks County Bar Association at their annual meeting on December 4, 2014. The Bucks County Bar Association, one of the oldest and most active bar associations in the United States, has over 800 members and is dedicated to providing support and fellowship for the advancement of the legal profession. Murray has been an active member of the Association and has served in a variety of leadership roles, including Secretary, Board Member, Women Lawyers Division Chair, and founding Chair of the Business Law Section.
Last week Congress passed the “Tax Increase Prevention Act of 2014,” which President Obama signed into law on Friday December 19, 2014. Referred to as the “extenders package,” it extends certain tax provisions that had expired on December 31, 2013. The extension of almost all provisions is through December 31, 2014, which is of course a very welcome development for those who will see benefits relating to their 2014 activity. However, for those who have been waiting to take action until the passage of extender legislation, it leaves very little time to get things done.
The more universally applicable provisions which have been extended are summarized below.