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Pennsylvania Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Workers' Compensation for Pennsylvania on
Q: employer stated there was no work for me after being cleared. I had an established delivery route with them. Now what?

I was cleared by the doctor to return to full duty, but employer said there is no work for me at this time. I was a driver on a established route, that someone was brought in to cover for me. Do they not have to give me my route back with same pay? I am employed through a logistics staffing... View More

Timothy Belt
Timothy Belt
answered on Dec 9, 2017

In general, PA is an employment at will state, and a work injury does not provide you with any additional job protection. There are other factors which may apply to you such as FMLA or a union contract. Since your situation is going to be very fact specific, I would suggest that you contact a... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Can a former employer, who conducted my interview with a new company, refuse to hire me, based on my past employment?

A former employer, conducted my interview at a new company and refused to hire me, based on my previous employment with them at another company, which ended on bad terms 10 years ago; either I quit or be fired. I quit.

Peter N. Munsing
Peter N. Munsing
answered on Nov 30, 2017

Of course they can--they know about you, and can use that knowledge.

Q: Is forbidding tricks on a bicycle unconstitutional?

There is an ordinance in the city of oil city which forbids any trick to be performed on a bicycle. This in essence would prevent any city resident from competing fairly in bicycle competitions. It would prohibit equal opportunity to practice and hone skills necessary to be competitive within the... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 30, 2017

If it prohibited tricks on private property, likely yes.Contact the Pa. Civil Liberties Union. On public property--I don't see it being invalid unless it is used to cover non-pedestrian areas such as open spaces used by jugglers, dancers, others.

0 Answers | Asked in Employment Discrimination for Pennsylvania on
Q: There was a needle found in bathroom i was in bathroom chsnging into my work clothes after 10 min of workig i was call

Ed to back sayimg they want drug test but how was i the only one it was found in a puvlic bathroom where thwre was more then just me in should i take testv

0 Answers | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Hello I work for a big restaurant cooperation which I recently have been having issues with because of payroll and more

Im homeless because I had to move out of my old apt and had a opportunity to rent a apartment but my general manager told me I wasn't allowed so I couldn't get to go to talk to person renting apt...because of that I am still homeless when I wouldn't be if she let me leave and... View More

Q: my lawyer told me that after the settlement with company and work comp. he told me i have to leave my job? its that true

i don't see why i have to leave my job... just because i got hurt at work or because my lawyer say so... i don't find that fear...

Timothy Belt
Timothy Belt
answered on Aug 27, 2017

Settlement is voluntary. If you don't want to settle your claim you don't have to settle. Similarly, if the employer/carrier is not interested in a settlement proposal, they do not have to take it. You don't have to settle your claim, but if you choose to do so, many... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Pennsylvania on
Q: is it true that after the settlement with wc i have to leave work or get fired..etc after i sue them etc.?

im worried bc that was what i was told by my lawyer.... And i think that my employer should offer me job in w my retriccions given by my doc. i will like to my employer accommodate me in a job offer withing the retrictions i have for now... i wont like 2 lose my job o get fires just bc i got hurt... View More

Timothy Belt
Timothy Belt
answered on Aug 25, 2017

Many workers' compensation insurance carriers and some employers do require that you resign as part of a settlement. The reason for this is that in Pennsylvania aggravation of a preexisting condition can be considered a new work injury, so the day after you settle your claim you could... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Is it fair to get fired for harassment by posting on Facebook that some person and not naming them is out sick too much

My daughter complained on Facebook about a person at work without naming them taking off all the time and having to constantly do their work where as anywhere else they would get fired I feel like because she didn't name the person it's wrong to be fired the boss says she harrassed her... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 8, 2017

Doesn't sound like harassment if she didn't transmit it to the boss or identify them. Contact a member of the Pa. Assn for Justice who handles employment.

2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Pennsylvania on
Q: My husband's employment agency is playing games with his continued employment at Amazon, what can we do?

My husband was hired through integrity staffing solutions (herein referred to as ISS) to work for Amazon in Easton PA. He was nearly terminated after an on the job injury, and then forced to leave early due to an asthma attack. He was told at the beginning of his employment that he could bring his... View More

Andrew S. Abramson
PREMIUM
Andrew S. Abramson
answered on Jan 31, 2017

The facts that you detail could support a claim under the Americans with Disabilities Act and the Pennsylvania Human Relatins Act depending on how the situation plays out. Feel free to contact our office to provide further details for assessment.

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Q: Local fire dept is wanting to hire more employees. This is a paid dept. Min. Of employees Allowed in pa.

What is the min of employees Pennsylvania allows in a paid fire dept.

Peter N. Munsing
Peter N. Munsing
answered on Dec 8, 2016

You have regulations on staffing of certain vehicles but there isn't a set number of employees you need. This is a question dealing with interpretation of regulations, not a legal question.

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Can I sue my place of work for hiring someone while I was out of work injuried?

I was injuried in August and was out for three months, I wasn't injured on the job but was getting short term disability, I called them to let them know that I can return to work on December 19th but was told they hired someone else to fill my position. I was wondering if I was able to sue them

Andrew S. Abramson
PREMIUM
Andrew S. Abramson
answered on Dec 5, 2016

The answer to your question may be depend on the number of employees who work for your employer and the nature of your injury/disability. If you worked more than one year and there are more than 50 employees, the Family and Medical Leave Act (FMLA) may provide protection. If not, depending on the... View More

1 Answer | Asked in Workers' Compensation, Employment Discrimination and Employment Law for Pennsylvania on
Q: I had an on the job injury then was fired the next month, what should I do
Peter N. Munsing
Peter N. Munsing
answered on Aug 18, 2016

If you were out on comp, then they can let you go unless the union agreement forbids. Suggest you contact a member of the Pa. Assn for Justice who handles workers compensation cases--they give free consultations.

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Pennsylvania on
Q: Is there a restriction on how many hours can be worked in a day while on light duty/wc?
Peter N. Munsing
Peter N. Munsing
answered on Aug 15, 2016

No. Technically you can work overtime even if it's light and your doctor says it's OK. At theat point you may or may not have a a claim for lost wages (many places the light duty work is on a different pay level, doesn't get differentials, "bumps" etc.

Have a...
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Q: I need to get sole proprietor to sign a Non-Disparagement clause prior to signing Confidential Disclosure

Consulting for a sole proprietor (softball program) and after being insulted, cursed at, humiliated in front of players, coaches, and peers at our latest showcase, I have been asked to sign a non-disclosure agreement as I expressed my dislike of the circumstance by one of the 3 owners. I have not... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 2, 2016

Given the perhaps idiosyncratic and vindictive personality you outline, using a template may not be enough. You may want to have all sign so it doesn't look like you are singling him out. Suggest you contact a commercial law attorney.

1 Answer | Asked in Employment Discrimination for Pennsylvania on
Q: What can i do if someone i work with is always saying racially remarks
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 13, 2015

Avoid that person.

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