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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...
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2 Answers | Asked in Business Formation, Business Law and Tax Law for Pennsylvania on
Q: How do I close a retired LLC in Pennsylvania without liabilities?

I am retired and want to close out my small LLC based in Pennsylvania if necessary. I have no remaining liabilities or assets, and I have already filed the final tax returns for the LLC. How do I complete the process of closing or determining if closure is necessary for the LLC?

Joseph Korsak
Joseph Korsak
answered on Apr 19, 2025

This is not a site to help do-it-yourselfers do it themselves. To close out an LLC there is an abundance of forms to be filled out and filing fees to be paid. Call an attorney in your area for help.

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2 Answers | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Explanation needed for brief employment and pending EEOC case; legality of employer comments affecting job opportunity.

I have been offered a new job and the employer is asking for references from my two most recent jobs. I worked at my second most recent job for about 2 months before resigning due to concerns about my treatment concerning race and gender, which led me to file a case with the Pennsylvania Human... View More

Joseph Korsak
Joseph Korsak
answered on Apr 19, 2025

How you reveal your PaHRC filing is not a legal question so I will not respond to it.

Your former employer has every opportunity to trash you. Your problem is that it may be done verbally and therefore you will not have the evidence you need to sue for slander. You have to cross your...
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2 Answers | Asked in Employment Law for Pennsylvania on
Q: Can an employer in PA change commission pay structure without notice for at-will employees?

I am employed at will in Pennsylvania. My employer changed my commission pay structure without notice. I have been working under the previous structure for six months. Is it legal for them to change it without notice?

Joseph Korsak
Joseph Korsak
answered on Apr 10, 2025

Yes.

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2 Answers | Asked in Employment Law and Family Law for Pennsylvania on
Q: Can parents make a 16-year-old quit their job against their will as punishment in PA?

Can a parent force a 16-year-old to quit their job by informing the employer that they are done, even if the minor does not want to quit? The parents are using this as a form of punishment. The minor has filled out an application and a W-2 form with the employer. The employer expressed that they... View More

Joseph Korsak
Joseph Korsak
answered on Apr 5, 2025

Sure. He or she can afford to get their own housing and food,, they can work where they want.but if they rely on parents, they are stuck.

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2 Answers | Asked in Employment Law and Civil Rights for Pennsylvania on
Q: Can I recover unpaid salary after a school's unjust actions following an unfounded student accusation?

I was employed as an assistant coach at a high school for multiple seasons, with official identification and building access. A student made an accusation against me, saying I made her uncomfortable. The school conducted an investigation and found me innocent, allowing me to return. However, they... View More

Joseph Korsak
Joseph Korsak
answered on Mar 26, 2025

You cannot be denied your pay plus you have a great slander action waiting to be hatched. See my website.

/s/Joseph C. Korsak

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2 Answers | 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??

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2 Answers | 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.

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2 Answers | 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.

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2 Answers | 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.

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2 Answers | 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

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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.

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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.

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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.

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