employment - wages - attorney fees
Voracek v. Crown Castle USA - Superior Court - August 22, 2006
The appellate court upheld the grant of attorney fees to plaintiff's counsel in a case where the trial court awarded wages, pursuant to a contractual severance agreement. Part of the case involved mutual mistake and a reformation of the parties actual written agreement, which had mistakenly omitted the severance agreement.
The court rejected the argument that "because the trial court's decision was based on a finding of mutual mistake and not on a violation of the [wage payment and collection law,] there is no basis for a statutory award of attorneys' fees." The court said that to "ensure that employees who are successful in their actions against an employer are made whole again, the statute mandates an award of attorneys' fees in addition to any judgment awarded to a plaintiff….43 P.S. sec. 260.9a(f)."