We wish all our clients a very happy and safe holiday season!  We appreciate your business in 2005 and look forward to serving your legal needs again in the coming year.

Scott I. Fegley, P.C. 

Making Merry Without Making A Mess

'Tis the season for the holiday office party, an annual event that ranks up there with a visit from the in-laws for many employees. But really, when else can you wear a tie to work that lights up and plays jingle bells?

Hopefully, your employer is progressive and will put on an event that demonstrates the company’s true appreciation for its employees’ dedication during the past year. Just make sure you don’t become the entertainment.

Holiday parties are notorious for the opportunities they present for otherwise rational and respected employees to make fools of themselves or worse. Remember, inhibitions at an office party can be a good thing and alcohol is the enemy of inhibition. One drink too many at a holiday party can be the difference between a successful career and applying for unemployment online. Employers nowadays are particularly sensitive to any conduct that may be construed as sexual harassment, and for good reason. A casual search for the terms “holiday party” and “harassment” in our online legal database for Pennsylvania yielded forty-eight lawsuits. Given most employees’ at-will status, employers are more likely to err on the side of termination.

Finally, save your camcorders for home movies.  While you might find it amusing to catch a co-worker in a moment of indiscretion and put it on the web, your employer may not. Stay friendly, but professional, in your office environment and let your inhibitions somewhere else.

Scott Fegley Appointed Counsel to the
Lower Bucks Chamber of Commerce

In June, incoming chairwoman of the Lower Bucks Chamber of Commerce, Carol White, tapped Scott Fegley to be counsel to the Chamber for the 2005 – 2006 program year. Mr. Fegley has been a member of the Chamber of Commerce since 2002 and also chairs the Chamber’s Transportation and Traffic Safety Committee.

Court Awards Client Insurance Coverage
and Attorney Fees

Scott Fegley recently represented the Patriot Group, Inc. in a lawsuit against its insurance company. The Patriot Group was sued in another lawsuit in federal court and asked its insurance company to provide a defense. The insurance company refused claiming the facts of the lawsuit did not fall within the Patriot Group’s insurance policy coverage.

The Patriot Group retained Mr. Fegley to file a declaratory judgment action. The lawsuit asked the Court to rule that the Patriot Group’s policy does provide coverage and compel the insurance company to provide a defense. After a hearing in August, the Court ruled in favor of the Patriot Group. In addition to compelling the insurance company to provide a defense going forward in the underlying litigation, the court required the insurance company to reimburse the Patriot Group for $23,000.00 in legal fees.

Jury Enters Verdict In Favor Of
Mortgage Loan Officer

A Chester County jury recently returned a verdict of $28,000.00 in favor of a mortgage loan officer represented by the firm. The client’s former employer refused to pay him commissions on mortgage loans he originated and closed.The parties disputed, among other things, the loan officer’s last day of employment as well as the number of loans that closed that were attributable to his efforts.

Over four days of trial, Mr. Fegley persuaded the jury that the client was, in fact entitled to commissions. Moreover, the jury agreed with Mr. Fegley that the client was an employee of the mortgage company, rather than an independent contractor as the company alleged. Under Pennsylvania’s Wage Payment and Collection Law, employees are entitled to recover attorney fees and expenses and liquidated damages if an employer wrongfully withholds wages.  Post-trial motions in the case are still pending.

Make a New Year’s Resolution to
Check Your Legal Health

Most people see their doctor and their accountant at least once a year. Why not your lawyer? Mention this Newsletter and receive a free consultation to review your business or personal legal needs and a $50.00 credit toward further legal services. If your needs are outside of our practice areas, we will find you an attorney we trust to help you. We give you peace of mind!