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Pennsylvania Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Can my work lay me off due to covid shutdown then refuse to give me my job back but instead demoted me and tell me I

have to reapply for my current position?

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

Why they have labor unions.

They would have to continue your unemployment benefits. As to your rights, suggest you contact a member of the Pennsylvania Association for Justice who handles employment issues. They give free consults.

1 Answer | Asked in Employment Discrimination for Pennsylvania on
Q: Can my employer pay vaccinated people if they get covid and refuse to pay unvaccinated people
Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

Depends on the overall policy. If it happens you can try calling the human relations commission. In the meantime, why not get the shot---it has been tested on hundreds of millions of people.

1 Answer | Asked in Employment Discrimination for Pennsylvania on
Q: if you are an ex-convict who served a sentence as a sexual offender, can they deny you employment based solely on that?
Peter N. Munsing
Peter N. Munsing answered on Aug 19, 2021

Not clear who the "they" is, but generally yes, especially if it's a private employer. They may not discriminate on the basis of age, disability, race, gender, religion but having a criminal record is not a "protected status." However I don't specialize in employment... Read more »

1 Answer | Asked in Employment Discrimination for Pennsylvania on
Q: I live in PA and my employer is always messing up my paycheck. I just found out that I am making $.75 than new hires.

I have emails and pictures to prove that they're always messing stuff up and jumping me out of hours. And now my pay is less than new hires. Isn't there a law against that?!

Peter N. Munsing
Peter N. Munsing answered on Jun 4, 2021

Looks like they may have violated the wage hour law. Look for other employment, and contact an attorney who handles employment issues for workers--look for a member of the Pennsylvania Assn for Justice --they give free consults.

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Collecting unemployment

I worked at a company for 2 years at the same job in the company as a high reach operator. They bought in a new supervisor and she changed me to another department were i had no experience or certification on the equipment. Which they told me I had to do. I am scared of heights and... Read more »

Andrew S. Abramson
Andrew S. Abramson answered on Dec 2, 2020

In order to qualify for unemployment compensation in Pennsylvania when an employee quits work (i.e. resigns) the legal standard is that there must be a "necessitous and compelling reason" for resigning. Prior to quitting, an employee should discuss the issue(s) of concern with the... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: I had a low blood pressure episode at work which resulted in an accident. No one was hurt. Slight damage to a truck. Wen

Went to ER Dr. Said it was a meditation issue and fixed it. Later the next day my foreman calked and fired me. Is this legal

Kyle Anderson
Kyle Anderson answered on Nov 11, 2020

More facts are needed here. Do you have an underlying medical condition that caused the accident? If so, it may qualify as a disability under the Americans with Disabilities Act ("ADA"). Employers are prohibited from discriminating against employees on the basis of a disability. I would... Read more »

1 Answer | Asked in Employment Law, Appeals / Appellate Law and Employment Discrimination for Pennsylvania on
Q: Is Terroristic threat considered a crime

A violent crime

Charles William Michaels
Charles William Michaels answered on Oct 23, 2020

It could be, depending on the circumstances.

1 Answer | Asked in Employment Discrimination for Pennsylvania on
Q: was a store mgr. told they hired a guy to replace me. losing 15000.00 a yr. I have worked as many as 70+ hrs a wk

my question is...Do I have to take this job? If I don't does that mean I will not be able to collect unemployment? I live in pennsylvania

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

If you are covered by a union such as UFCW or SEIU, check with them. Assuming you are not , you need to get the personnel policy. Then you need to consult an attorney who handles employment cases FOR EMPLOYEES-- most attorneys handle them for employers. In the meantime do you have a copy of your... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Pennsylvania on
Q: If I feel unsafe working in these conditions although I’m an essential worker, am I eligible for unemployment?
Peter N. Munsing
Peter N. Munsing answered on Apr 17, 2020

You would have an argument to make that you have a "necessitous and compelling reason." Much would depend on what "these conditions" are--are you near customers? Do you have a good facemask ? Do you have gloves? Do customers have hand sanitizer or gloves they are given? If you... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for Pennsylvania on
Q: Is a restaurant employer allowed to terminate me after written warnings where I was sick with a contagious illness?

I have worked in a restaurant for the past 4 years. Recently the state of management has gone downhill. As someone who also works in the medical field, I understand I, as an employee, am not allowed to go into work around food with contagious conditions. I provided them two seperate doctors note... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

You should file for unemployement as you were not terminated for cause where you had necessitous and compelling reasons.

1 Answer | Asked in Education Law and Employment Discrimination for Pennsylvania on
Q: Can I be presumed guilty of an anonymous allegation of drinking on the job with no investigation?

I was anonymously accused of drinking at my teaching job. I was forced to leave my room, with all of my belongings. No administrator attempted to speak with me to ascertain if the allegation had any validity. I was then requested (required) to go to an ER to have an alcohol level blood test... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 18, 2019

Sounds like it would violate most union agreements. Contact your union. If you don't have one, contact an attorney who handles employment issues in your area.

2 Answers | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: I would like some help with my unemployment appeal. My old employer is really making things up. This would be my 2md tim
Andrew S. Abramson
Andrew S. Abramson answered on Nov 22, 2019

You should retain an experienced employment law attorney to represent to at the hearing. If you are located in Pennsylvania we can assist.

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1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: I think I was discriminated against by my employer for a union vote.
Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

Be tough to show but contact the union for starters, the look for a member of the Pa. Assn for Justice who handles employment claims.

1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for Pennsylvania on
Q: Can she do that? What can I do ? Do I have to pay the bill? I don’t believe I should since I didn’t sign a contract.

I worked at a daycare from December 11 to March 22. I was expected to get paid today and didn’t due to some daycare expense issues. I “owed” $690 in daycare expenses and had a plan set up with my boss to take out $50 biweekly. since I had to relocate, due to not having a place to stay nearby... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 1, 2019

Let me break it down for you: If you received $690 more in daycare services than the amount of your paycheck--and then quit working at the daycare--it does not appear unlawful for your employer to withhold and apply your last paycheck to cover a portion of what you owe them. Nor do they have to... Read more »

1 Answer | Asked in Employment Discrimination for Pennsylvania on
Q: If my ex husband has been working a lot of overtime can I take him back to court?

Also if my child is over 18 and still lives with me and goes to college can I still collect?

Cary B. Hall
Cary B. Hall answered on Mar 21, 2019

When you say "take him back to court," do you mean to increase any alimony award he may be paying right now, or to increase a child support payment?

If the former, likely not - although perhaps, if the alimony award/agreement allows for modification. You'll need to have a...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Will filing gender discrimination with EEOC help or damage potential lawsuit?

Potential gender discrimination lawsuit is being consulted on with the area lawyers. If EEOC discrimination complaint is filed, would it be damaging to a future lawsuit if materialized? Reason for filing with EEOC is an approaching deadline for statute of limitation in the state.

Cary B. Hall
Cary B. Hall answered on Feb 16, 2019

It's my understanding that filing with the EEOC is a *prerequisite* to filing a later lawsuit, so better get it done if you want to preserve your rights to file in federal court!

Best of luck to you.

1 Answer | Asked in Employment Discrimination and Sexual Harassment for Pennsylvania on
Q: My previous employer& fiancés boss at time of inquiry asked for nude/nearly nude photos in exchange for compensation
Peter N. Munsing
Peter N. Munsing answered on Oct 28, 2018

Clearly a violation of many statutes not the least of which are Dept of Labor Wage & Hour and Work Condition Statutes.

Talk to an attorney who handles employment questions. If you need names give me a call.

1 Answer | Asked in Appeals / Appellate Law, Employment Discrimination and Employment Law for Pennsylvania on
Q: im trying to appeal my unemployment benefits
Peter N. Munsing
Peter N. Munsing answered on Oct 11, 2018

You haven't said why or what grounds. First get the appeal in before the deadline--you can always add to it.

If you can't afford an attorney, contact North Penn Legal Services. https://www.northpennlegal.org/

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: I was fired for a no call-no show, but I have the phone log made to my employer. Do I have a case?

I was hired through an agency for light assembly. I was removed from the job I was hired to do and placed on a job that greatly exceeded my weight limits. I started to get lower back pain due to the heavier lifting. When I informed my employer, I was told there was no guarantee I could be placed... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 24, 2018

You don't have a right to employment, and as you weren't an employee of the company that got you through the agency I don't see an ADEA claim. However you should fight for unemployment as it wasn't due to "willful misconduct."

1 Answer | Asked in Employment Discrimination and Sexual Harassment for Pennsylvania on
Q: i need help doing a sexual harassment lawsuit and have no clue where to begin i reported it to work a million times

and no one seemed to do the right steps it was still ongoing untill they found a way to fire me and now they r trying to get me with retail theft and its just messy the guy was stalking me talking to me touching me

Andrew S. Abramson
Andrew S. Abramson answered on Jul 1, 2018

It is important to review all facts pertaining to your situation with an experienced employment law attorney. Feel free to contact our office to Evan,hate your entire situation.

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