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Pennsylvania Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Pennsylvania on
Q: My employer is telling me that I do not get holiday pay as a 36 hour full time employee, but 40 hour employees do.

My employer is telling me that I do not get holiday pay as a 36 hour full time employee, but 40 hour employees do. They said the reason I don't is because I work four days and it's a benefit to have a day off during the week. I think this is very unfair and I want to know if there are any... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 30, 2022

There are no laws that require employers to offer paid time off, so unfortunately, if your employer does offer this benefit, they can offer it on their own terms (in this situation, to some employees but not others).

1 Answer | Asked in Employment Law, Business Law, Car Accidents and Collections for Pennsylvania on
Q: Can independent contractor bill a person for lost wages

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Barry W. Kaufman
Barry W. Kaufman
answered on Nov 21, 2022

You would have to see a lawyer to determine whether you can sue the other party for lost wages. Employment laws vary from state to state. I think you'd have a tough time proving that you lost income as an independent contractor. W2 employee income is known and predictable, but yours isn't... Read more »

2 Answers | Asked in Employment Law for Pennsylvania on
Q: If i am diagnosed with a disability while working, am i covered by ada, and can i request reasonable accommodations

Private nonprofit. Asked for accommodation and was denied. Live in Pennsylvania

Damon Miller
Damon Miller
answered on Nov 18, 2022

What is a reasonable accommodation depends a lot on the facts (like what type of disability you have and what kind of accommodation you're requesting). If you can do you job but just need an accommodation, then I would recommend talking to an employment lawyer in your area. If you think you... Read more »

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1 Answer | Asked in Employment Law and Immigration Law for Pennsylvania on
Q: My I-94 class of admission is DT, I came across the border. Am I eligible to file Form I-765?

My I-94 class of admission is DT, I came across the border. Am I eligible to file Form I-765 Application for Employment Authorization? What is my Eligibility category? Should I seek employment authorization under category (c)(11)? How soon can I file Form I-765 since I crossed the border?

Caitlin  Costello
Caitlin Costello
answered on Nov 16, 2022

Generally, someone who is admitted as DT can file a form I-765 under (c)(11) as soon as they are admitted. However, if it is granted, it will only be valid for as long as the status is valid.

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: I am wondering if I'm a victim of employment retaliation or breach of confidentiality.

I'm on workers comp for 13 + months. I ve been told since July I was replaced in my job and being sent to night shift . My job was Monday - Friday 6:30 am - 3 pm. I've been there 32 years . I have never received any info on this from HR and nothing at all from my union. Emails were... Read more »

Timothy Belt
Timothy Belt
answered on Nov 13, 2022

Sadly, workers' compensation does not provide you with any guarantee that you will be returned to the same shift or even the same job title as before your injury. However, if you fail to report to an offered position within your work restrictions it may result in a reduction or even... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: I was wrongfully terminated in 1 state but reside in another. Can I choose to have court in the state that I reside?

The companies that terminated me have offices in the state where I reside

Joseph Korsak
Joseph Korsak
answered on Jul 27, 2022

You can bring an action where the wrong occurred. Simple application of venue requirements.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can employer force me to salary, I wouldn’t be making any more money, but I would be forced to work more overtime.

My job duties haven’t changed, I have been in a management position for over 3 years. I work 75% of the time on our production line to keep operations going. My employer doesn’t want to pay me 1.5 for the current overtime anymore. However, when I switch I would be forced to work more overtime,... Read more »

Joseph Korsak
Joseph Korsak
answered on Jul 18, 2022

This is the employer's aTTEMPT TO AVOID ot payments. Not permitted.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Employer violating handbook policy on vacation, sick and personal time .

Employer is not honoring hand book policy on leave time give. In the handbook it is stated in terms of days . Our facility is running permanent 10 and 12 hr schedule but vacation is accured based on 8 hour usage therefore does not equal the hours needed to cover stated days given. For instance 5... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on May 24, 2022

Unfortunately, there is no law that requires paid time off, so employers have a lot of discretion to make the rules regarding when (and how much) they offer. However, this may be worth bringing a complaint to the attention of your HR department and explaining the discrepancy if you have not already... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Is it legal for an employer to approve both a raise and bonus only for employees who did not vote to form a union?

Union vote for a segment of employees was counted 4/8. Since then a 4% raise was approved for everyone but the segment of employees who took part in the union vote and a 2.5% bonus was announced today again for everyone but those who will have union representation. Is this legal?

Casey Green
PREMIUM
Casey Green
answered on May 5, 2022

I'd like to hear more about this, but based on your representation, it appears to be unlawful discrimination under the National Labor Relations Act. For example, Section 8(a)(3) of the Act makes it an unfair labor practice for an

employer to discriminate against employees “in regard...
Read more »

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2 Answers | Asked in Employment Law, Sexual Harassment and Civil Rights for Pennsylvania on
Q: I was fired yesterday after filing a second complaint about the same customer sexual assaulting me in the restaurant.

The restaurant has no handbook or ethics. Not even a system to file complaints. The customer is an investor and has ties with the hemp distributor ( it was a brewery). The first time in mid October the customer caressed me and I became deeply uncomfortable. As soon as I could get away I went to my... Read more »

Andrew S. Abramson
PREMIUM
Andrew S. Abramson
answered on Jan 29, 2022

The facts you present could present a retaliation claim but more information is needed to thoroughly evaluate. Please contact our law firm so that we can obtain more details.

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1 Answer | Asked in Employment Law for Pennsylvania on
Q: Hello, I was a part of a team working for a Temp Agency. We had contracts with CVS health till March 31st.

On January 18th we were notified that we were being let go from our position that day with no notice at all. Our Temp Agency was not aware of this till the day they ended our contract. Was that legal? If not how do we set up a class action against them?

Casey Green
PREMIUM
Casey Green
answered on Jan 25, 2022

I'd like to know more information because the answer likely depends on whether you had a contractual relationship with CVS or just the temp agency. The at-will doctrine applies in Pennsylvania and essentially allows an employer to terminate an employee for any reason or no reason. There are... Read more »

1 Answer | Asked in Employment Law and Identity Theft for Pennsylvania on
Q: Is it legal for my local council members to be able to monitor everything I search/do on my computer as an employee?

I work in Monessen, PA

Peter N. Munsing
Peter N. Munsing
answered on Jan 13, 2022

If it's the employer's computer they have a right of access. If you use it for personal things that is your risk. They can take the computer tomorrow, it's theirs. They can access the information any way they wish. It's theirs.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: This is an employment question in Pennsylavania. Can an employer legally review you for a job you didnt know you had

I have worked for my employer for 2 years. I finally received a review, up to this point I thought I was doing a good a job, never reprimanded or told otherwise. During the review my supervisor said they know it's a harsh review because they never explained by job and my job expectations. I... Read more »

Joseph Korsak
Joseph Korsak
answered on Dec 21, 2021

They can be as sloppy as they can, but there is no illegality. Unless you have a written contract of employment, you serve at will. You have no property right nor contract right in your job.

Q: EEOC Notice to Sue Letter ends November 27th

Workers compensation, work-related injury, fired because I reported sexual harassment while on the job. Received EEOC Notice to Sue letter scheduled to end November 27th. I need representation.

Timothy Belt
Timothy Belt
answered on Nov 10, 2021

Use the "Find a Lawyer" function at the top of this page to locate attorney's in your area.

2 Answers | Asked in Employment Law, Personal Injury, Sexual Harassment and Workers' Compensation for Pennsylvania on
Q: Hired seasonally, then hired permanently to be fired for reporting sexual harassment, and sustained a work injury.

My seasonal role turned permanent, then I was fired weeks after reporting a sexual & verbal harassment incident; I was demoted and reported to another department and had no idea until another employee mentioned it. My vehicle was vandalized on the companies property, my timecard was deactivated... Read more »

Timothy Belt
Timothy Belt
answered on Nov 10, 2021

I am not sure what your question is, but clearly you have several issues. I would strongly suggest that you contact an employment law attorney in your area as soon as possible to explore whether or not you wish to move forward with the EEOC complaint. Furthermore, if you still have issues with... Read more »

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1 Answer | Asked in Employment Law and Public Benefits for Pennsylvania on
Q: I wasn’t able to legally work for the last 5 years and I am a us citizen. Am I owed money by the government?

Hi, my name is Anonymous and I wasn’t able to go to college, nor was I able to get a job due to the fact that I didn’t have a social security number. My father used fear to scare my mom into not giving me my birth certificate (keeping me out of the system or far away from hospitals). He passed... Read more »

Joseph Korsak
Joseph Korsak
answered on Oct 19, 2021

You are leaving out important facts. What was the legal bar to your employment all that time? You could have picked up a SS number on line if you needed one. What opportunities did you miss? Were you a government employee?

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I recently was separated from a job where I was subjected to verbal abuse by a trainer. Should I contact human resources
Joseph Korsak
Joseph Korsak
answered on Oct 19, 2021

What's the point in reporting late ? Your complaint should have been filed before separation, not after, especially if you thought this abusive employee was complicit in someway with your separation.

1 Answer | Asked in Employment Law and Identity Theft for Pennsylvania on
Q: I was terminated for Unemployment fraud after I was a victim of identity theft I never received benefits in Pa.

I never filed for the benefits nor did I receive I was termed for this reason even though the address is not mine nor did i receive monetary from these benefits .

Joseph Korsak
Joseph Korsak
answered on Oct 14, 2021

You need to notify your nearest UC office an provide whatever documentary proof you have, Remember that you will receive a 1099 for this income.

My number is 717-880-3759 Joseph C. Korsak

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 Criminal Law, Employment Law and Education Law for Pennsylvania on
Q: My college mandated us to get the covid-19 vaccine. We complied. Now they are utilizing wristbands to label vaccinated

Is this legal? They are using a private security company to enforce.

Maurice Mandel II
Maurice Mandel II
answered on Sep 22, 2021

So far, it is not illegal. The law about Covid vaccination is in a process of constant changes due to the differing opinions of diverse groups. One day you are prohibited from appearing in public on a mask that conceals your identity and the next day you are required to wear one. Personally, I... Read more »

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