Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Joseph Korsak
1 Answer | Asked in Employment Law and Contracts for Pennsylvania on
Q: A small nonprofit is trying to cut my pay to profit the owner under threat of termination. What can I do?

The nonprofit is a stakeholder in an after school program I work for that gained grants through the Department of Human Services to operate in a school district. The grant proposal specifies my pay, and the director/owner is trying to claim 20% of my hourly pay, claiming that she has not been... View More

Joseph Korsak
Joseph Korsak
answered on Aug 31, 2024

I do not believe that the mentioning of your wage jn the grant app gives you any vested rights. Unless you have a written contract for a specific term, you are an at-will employee. As such, an employer can change the terms of employment at any time.

You should be looking for other...
View More

1 Answer | Asked in Employment Law and Contracts for Pennsylvania on
Q: Can a health agency require an I-9 for a 1099 contractor?

I am an LPN working as a 1099 independent contractor with a home health agency in Pennsylvania. The agency requires me to fill out an I-9 form, although I'm not an employee. They also want to offer me a lower rate and pay time and a half for hours over 80, contrary to how I was paid by... View More

Joseph Korsak
Joseph Korsak
answered on Mar 22, 2025

No I-9 required for an independent contractor. Are you doing 80 hours a week?? What are your job duties??

1 Answer | Asked in Business Formation, Land Use & Zoning, Real Estate Law and Business Law for Pennsylvania on
Q: How to start a knife sharpening service sole proprietorship in Pennsylvania?

I am planning to start a sole proprietorship knife sharpening service from my home in Pennsylvania, but I'm not sure where to begin. I would like detailed instructions on the steps I need to take to set up the business, including any specific local permits or zoning regulations I should be... View More

Joseph Korsak
Joseph Korsak
answered on Mar 16, 2025

This service is intended more for one question legal matters. Your request is more in the nature of a request for a conference with an attorney. Such a conference would likely take 1-1/2 to 2 hour of a lawyer's time. You need to set a time with a lawyer for such a conference.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Should salaried employees in PA clock out while still working due to payroll policies?

I am a salaried employee in Pennsylvania with a union affiliation. My company requires us to clock in and out, even though we're salaried. On payroll Fridays, we're told to clock out while still working so payroll can be completed. Should I clock out while still working? Could this be an... View More

Joseph Korsak
Joseph Korsak
answered on Mar 16, 2025

You should not clock out and keep working. What does your contract say? What is the union doing about this.

1 Answer | Asked in Contracts, Business Law and Real Estate Law for Pennsylvania on
Q: Can I switch realtors after missed closing date and poor communication?

I signed a contract with a realtor on December 9, 2024, to sell my house with a closing date set for March 9, 2025. The closing date has passed, and there has been inconsistent communication from the realtor, making me frustrated. The contract has no termination provision, and I've been unable... View More

Joseph Korsak
Joseph Korsak
answered on Mar 16, 2025

I cannot answer without seeing the complete listing agreement.

1 Answer | Asked in Divorce, Legal Malpractice, Employment Law and Education Law for Pennsylvania on
Q: Attorney inaction and conflict in divorce proceedings.

What can I do if my attorney, who I hired for my divorce after a 35-year marriage, has not filed anything to protect me and seems to have a conflict of interest with my husband's attorney? My husband was the breadwinner while I raised our four children, all of whom have special needs, and... View More

Joseph Korsak
Joseph Korsak
answered on Mar 16, 2025

I no longer do family law because invariably one or both parties (wrongly) accuse the lawyers of conflicts of interest. You are perhaps overacting but if you believe you have been wronged this way, discharge your lawyer and get a new one. You should have done this the first minute you concluded... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Is it lawful for McDonald's to not provide breaks during 10-hour shifts?

I work as an hourly employee at McDonald's and often work 10-hour days without receiving any breaks. My employer does not have any written policies regarding breaks or rest periods. Is it lawful for them to not provide me with any breaks on some days?

Joseph Korsak
Joseph Korsak
answered on Mar 9, 2025

Not legal to deny break times.

2 Answers | Asked in Employment Law for Pennsylvania on
Q: Can I be punished for calling out sick with COVID and using PTO if I informed work 2 hours before my shift?

I had to call out of work because I tested positive for COVID and had a fever of 101.5 degrees. I informed my employer two hours before my shift because I was experiencing symptoms like shortness of breath and light-headedness. I sent them a picture of my positive test as requested and used my PTO... View More

Joseph Korsak
Joseph Korsak
answered on Feb 19, 2025

Sadly yes. You failed to honor the time limit. The Company is being unreasonable but they have their regulation to back themselves up.

View More Answers

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Workplace fragrance complaints, unpaid leave issues in PA

My friend has been sent home from work several times without pay due to complaints about wearing fragrance, despite using unscented products. She has not received any documentation from HR, as they claim the complaints are confidential. Her supervisor, aware of the situation, was surprised by the... View More

Joseph Korsak
Joseph Korsak
answered on Feb 18, 2025

Your friend has to ask on her own behalf. I do not give opinions to third parties for use by someone else.

1 Answer | Asked in Business Law for Pennsylvania on
Q: Do you need to be a lawyer to preform a deposition in the state of Pennsylvania?

I currently own an attorney services company preforming process serving, document retrieval, skip tracing, and a few more. I'm moving into deposition recording but was curious if i can also preform them. any advice would be greatly appreciated!

Joseph Korsak
Joseph Korsak
answered on Jan 27, 2025

Performing a deposition is the practice of law.

Q: Do i have a case against my boss for unfair treatment

I have gotten written up for things that happened 5 months ago after already being reprimanded and treated like crap for a month mind you 4 other girls do the same things I do and never get written up for anything just me. She also takes a half hour pay from us everyday for lunch but won't let... View More

Joseph Korsak
Joseph Korsak
answered on Dec 18, 2024

You at least have a wage and hour claim under federal law. Look me up at korsaklaw.com,

2 Answers | Asked in Employment Law and Employment Discrimination for Pennsylvania on
Q: I currently work at Pizza Hut as a crew member, can they withhold tips from employees?

Hello! I am currently an employee at Pizza Hut. I've been working here for almost a year now. When hired, I was told that we did not get to keep any of our tip money and was instructed to put the tip money recieved from customers into a small box, which does not get redistributed to the... View More

Joseph Korsak
Joseph Korsak
answered on Dec 2, 2024

Illegal, illegal, illegal!

You need a lawyer to make a demand on your behalf. Are you keeping some record of the amounts you paid in?

Call me.

View More Answers

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Employer retracted last payment electronically, 10 days after depositing.

I also had approximately 60 hrs of PTO, which was earned time per pay period. I am not sure what to do at this point

Joseph Korsak
Joseph Korsak
answered on Nov 15, 2024

Make a demand. If nothing is forthcoming you can sue under the Fair Labor Standards Act.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I am a home health aid receiving $14/hour for about three months. Can my hourly wage be reduced for any reason?

The company says that since I am working so much overtime as I am the only current caregiver, they need to reduce my hourly rate. Are they allowed to do this?

Joseph Korsak
Joseph Korsak
answered on Nov 15, 2024

Yes

1 Answer | Asked in Employment Discrimination for Pennsylvania on
Q: Can an employer change your start date to avoid paying yearly bonuses?
Joseph Korsak
Joseph Korsak
answered on Sep 27, 2024

No. This is fraud. They cannot eliminate a benefit that you are entitled to. Sounds like you need a new job.

2 Answers | Asked in Employment Law, Business Law, Constitutional Law and Health Care Law for Pennsylvania on
Q: can a non profit contract transport services of it's clients to it's CEO's medical transport company?

I own a medical transport company and about registering a non profit that is to provide services to teen mothers. I am wondering if I can contract all transportation activities to my private company. These activities include transport to and from doctor's appointments, meetings, seminars,... View More

Joseph Korsak
Joseph Korsak
answered on Aug 28, 2024

Sounds like an egregious conflict of interests. Why are you doing this?

View More Answers

2 Answers | Asked in Employment Law for Pennsylvania on
Q: Is it legal for my old employer to withhold my commission check because I no longer work there?

It has been verified that there was nothing in the written contract about the commission being paid out to only active employees. I recieved an email each month with what I earned for commission. The commission is paid out in 1 lump sum each year. I completed all of 2023 and left the company in Jan... View More

Joseph Korsak
Joseph Korsak
answered on Apr 2, 2024

In PA, you earned it so you are entitled to it. PA has a commission collection statute that allows you to sue and to recover your counsel fees/ We can help you with this.

View More Answers

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I am a bartender making $8.25, the owner brought 2 new bartenders in, making $9.00 same work. Is this legal
Joseph Korsak
Joseph Korsak
answered on Feb 17, 2024

So long as the difference is not predicated on race, creed, national origin, gender, age or disability, this can de done legally.

2 Answers | Asked in Employment Law for Pennsylvania on
Q: Is it legal in the state of PA for an employer to change my pay rate drastically without any kind of notice?
Joseph Korsak
Joseph Korsak
answered on Feb 15, 2024

Assuming that you do not have a written contract that promises a rate for a specific term, your rate can be changed up or down whenever the boss wants.

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.