Author Archives: Ira Weinstock
Honoring Dr. Martin Luther King, Jr.
Most Americans know Dr. King as one of the greatest leaders of the civil rights movement of the 1960’s, however, entwined with his leadership in civil rights was his devotion to the Labor Movement. For without economic opportunity, civil rights could not flourish. His commitment to the American worker followed him until the day… Read More »
National Labor Relations Board Finds Mandatory Arbitration Unlawful
In U.S. Express Enterprises, Inc. and U.S. Express, Inc. and Justin L. Swindler the National Labor Relations Board (NLRB) considered whether a mandatory arbitration agreement (MAA) that was a condition of employment violated section 8(a)(1) of the National Labor Relations Act (NLRA). Here, the employer required employees to sign an agreement that prohibited the… Read More »
Unemployment Compensation and Quitting Your Job – When is a Quit Not a Quit?
After an applicant for Unemployment Compensation (UC) Benefits is determined to be financially eligible for benefits, the next step is to determine whether the employee is eligible based on the facts of the separation as applied to the law. The UC service center will gather facts from the Claimant (Employee) and the Employer to… Read More »
Am I Eligible For Unemployment Benefits If I Quit My Job?
When an employee voluntarily quits their job, they may still be eligible for Unemployment Compensation (UC). Under the Pennsylvania UC law, if an employee quits their job and applies for UC benefits, it is the employee’s burden to establish that they quit their job for a “necessitous and compelling reason.” A common example is… Read More »
New Commercial Driver’s License Requirements Are Set to Take Effect
Act 49 signed into law October 22, 2015, with an effective date of December 21, 2015, makes numerous changes to the Pennsylvania Vehicle Code regarding Commercial Driver’s Licenses, affecting both license and permit holders. The majority of these changes are in response to changes to Federal Motor Carrier Safety Administration (FMCSA) rules. Some of… Read More »
Cancer, Social Security Disability and the Compassionate Allowances Initiative
Cancer patients often qualify for Social Security Disability benefits if they have a strong work history prior to the illness. However, they must still meet Social Security’s definition of disability. Some cancer patients may qualify for the Compassionate Allowances Initiative which can help expedite the application process. The Compassionate Allowances initiative provides a way… Read More »
The Dangers of Limited Tort
In 1990, Pennsylvania changed the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) to allow auto insurers to offer “limited tort” policies. These limited tort policies offered consumers the “opportunity” to get lower auto insurance premiums in return for the consumer’s consent to limit their rights to sue in case they were injured in an… Read More »
Am I Eligible for Unemployment Benefits If I am Sick or Injured?
When employees are sick or injured and are required to take a leave of absence from their job, but are not terminated from the their job, the Unemployment Compensation (UC) service center will usually determine the Employee’s eligibility for UC benefits under Section 402(b) and Section 401(d)(1). Those sections of the UC law deal with… Read More »
PENNSYLVANIA UNEMPLOYMENT COMPENSATION: DO I NEED A LAWYER TO ATTEND THE HEARING?
When an employee is terminated or suspended from his or her employment, the employee has the right to file for benefits under the Pennsylvania Unemployment Compensation (UC) Act. The employee files an initial application for benefits and fills out a separation from employment questionnaire. The employer is then notified by the Unemployment Service Center… Read More »