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... View More
What are some examples of the below meaning of "attempt"? Does this mean such if an employee who already has intermittent FMLA and makes a claim or an attempted claim to attempt to exercise FMLA? If so can an employer terminate an employee for attempting to use even if FMLA was not... View More
The definition of exercising a potential right to FMLA leave can be very broad, bottom line, is that if there is a good faith effort to ask for leave that could be protected as family medical leave, and action is taken against an employee due to that leave request, it may be considered retaliation....View More
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... View More
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...View More
My job sent me Cobra Insurance with a notice of me being terminated, no one has called me, however I believe I'm being wrongfully terminated for being pregnant, as they are noe hiring for my exact position on Facebook. I want to find out if I can pursue legal action against them. I want to... View More
The facts that your present could support a pregnancy discrimination case. Prior to moving forward with any further communication with your former employer you should definitely consult with a lawyer. We would be happy to discuss your entire situation with you. Please contact our office.
On 3/5 I was told to start working from home due to my immune system. Last week I was 1 of many asked to volunteer to resign. I don't plan on resigning. My Oncologist gave me a letter stating I'm not immune compromised since it's been 7 yrs that I'm in remission. When do I send... View More
You should provide the doctor’s note to your employer as soon as you possibly can. Also, if you are eventually terminated, you should contact an experienced employment law attorney to evaluate all of the facts surrounding the termination as you may have a claim for perceived disability...View More
Federal and state laws require that when an employee works in excess of 40 hours per week, the employee must be paid 1.5 times the regular rate of pay for each hour over 40, unless your job duties fall into certain legally recognized exemptions from overtime laws. Thus, the answer to your question...View More
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
It happened almost everyday. It is happening to other girls too at work. We will cry and cry to the bosses to make a change but they do nothing. Is this considered a case to come forward with. Because there is no physical evidence, just us girls, the delivery drivers, and the bosses know about it.
I worked 15 years for my employer, with an additional 2 grandfathered years. March 2018 I was fired for performance. The firing came 3 weeks after being put on final notice with a six week improvement / performance plan to be completed by April 13. I had not received a poor review in my time with... View More
Assuming that you did not sign the proposed severance agreeement which presumably would have a release of all claims, it is possible that you may have a claim, depending upon the employer’s true motivating reason behind the termination. For instance, if you believe that despite the employer’s...View More
We were recently acquired by another company. I currently work three 12-hour shifts per week for a total of 36 hours. This new entity wants me to work a fourth 12-hour shift once a month, so I would have three weeks at 36 hours and one at 48 hours. This entity is trying to claim that I am not... View More
There is no “evening out” under federal or state overtime law. Each week is separate so any week where you work more than 40 hours you are entitled to overtime pay, even if you worked less than 40 hours in other weeks. You need to consult with an experienced employment law attorney. Feel free...View More
The company just released fiscal 2017 results, and we missed most targets. I then get an email saying they are changing our bonus payment for 2017, and the company as a whole will get a flat % due to poor overall company performance. I am part of a sales division that exceeded part of the bonus... View More
The issue is likely to be the terms of the written bonus plan. If the terms are clear and not discretionary, then under Pennsylvania law the plan could not be changed retroactively as to a complete yer. You should arrange for a consultation with an experienced employment law attorney to review the...View More
You are correct that when an employer has an appropriate sexual harassment policy and investigation process and an employee does not follow the claim reporting process, employers will seek to raise the Faragher-Ellerth defense to attempt to avoid liability for the sexual harasser's conduct....View More
Employers must pay employees overtime pay at 1.5 the employee's regular rate of pay even if you are paid on a salary basis unless your job duties fall into an exempt category. You may have a substantial unpaid overtime claim against your employer. It is essential that you consult with an...View More
Yes, it is possible to have a sexual harassment claim against your employer for the actions of an employee who is not your supervisor. However, assuming that your employer has the appropriate policies in place, under Supreme Court law, you must first notify your employer of the sexual harassment...View More
I broke my foot while on vacation last October and needed surgery to repair this. At that point my FMLA started. Since then I have had complications and required 3 additional surgeries to repair my foot. My FMLA expired December 31st and I requested additional leave. I provided notes from my... View More
It is possible that the additional leave that you requested and the request to work from home are reasonable accommodations under the Americans with Disabilities Act and the Pennsylvania Human Relations Act. If so you may have viable causes of action against your employer. It is essential that you...View More
I was fired on 12/11/17 with the excuse of bad civility. I worked there 4 years and was never written up, suspended or disciplined for anything before and was never given a written termination letter. Also a week prior I filed a complaint against the supervisor and feel this was retaliation for... View More
Given the brief facts that you outline, you could possibly have a claim for wrongful termination for pursuit of a workers' compensation claim; violation of the Family and Medical Leave Act, depending on the number of employees employed by your employer; and possibly retaliation, depending on...View More
While more facts about the sexual harassment that you endured and your former employment situation are required to answer your question, you may very well still be able to pursue a claim. Please contact our office so that we can thourghlynreview the facts and accurately answer your question. Andrew...View More
Your inquiry is not specific enough. If you have been approved for intermittent FMLA leave and called out for an FMLA intermittent leave approved reason then it is possible that there is a violation of the law.
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