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Pennsylvania Employment Law Questions & Answers
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 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.

0 Answers | Asked in Employment Law for Pennsylvania on
Q: I was misclassified for six years,bullied at work and am being threatened with smearing post employment

I worked for six years exclusively for one employer but classed as freelance, used time tracking software and was micromanaged. I was bullied by the boss and then fired because they wanted to run the company themselves. I asked was it ok to apply to a competitor for work and they told me if I did... View More

0 Answers | Asked in Employment Law for Pennsylvania on
Q: I need to know whether or not I actually broke my employment contract.

My former employer is asking me if I worked with one of their former clients this year after I left the company. I did not solicit this company, although they left my former employer to work with my current employer. This former client directly contacted me in order to sign up for services without... View More

0 Answers | Asked in Employment Law and Health Care Law for Pennsylvania on
Q: Issues with Healthcare. I'm a full time worker in PA and have been here for 2.5 years. I have not received info or help.

I've been with my company for 2.5 years hand have never been given the resources that were promised at hire. I've contacted my head of hr, my MG, my RGM, and even my hr reps boss. I've check to make sure my address is correct across all platforms. I also bring this uo every year to... View More

1 Answer | Asked in Criminal Law, Employment Law and Workers' Compensation for Pennsylvania on
Q: My boss is withholding my pay and wanted me to come in the office yesterday to sign a release and take a untaxed check
Timothy Belt
Timothy Belt
answered on Oct 29, 2024

A great deal more information is needed to properly answer this question. If there is a work injury involved, you will want to talk to a workers' compensation attorney before taking any action. If this is a wage dispute, you will need an employment lawyer that focuses on wage issues.... View More

0 Answers | Asked in Libel & Slander, Public Benefits and Employment Law for Pennsylvania on
Q: for Social Sec I have been working at Chris’s diner for about a year now during which I was diagnosed with hypersomnia.

hypersomnia comes off like narcolepsy. I’ve given them all my doctors notes. I’ve given them everything I’ve ever gone from the doctor so they’re well aware of my situation. They know that there’s times appear tired there’s been times where they’ve sent me home but now they fired me... View More

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for Pennsylvania on
Q: My boss is locked me in the gated area for using the pool bathroom, follows me on camera and interigates me,

i had to climb a fence to excape , he also took a collectors coin i found pretended to help me look it up and instead of returning it he fired me and claimed it was the property of the estate grounds

Jeremy Donham
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answered on Oct 21, 2024

I am very sorry to hear of this. You will want to speak to a local employment attorney that handles employee cases regarding possible claims of invasion of privacy as well as possible emotional distress. If the intimidation has caused you anxiety, for example, there could be claims under the... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Pennsylvania on
Q: I filed a motion with the court (pro se) in an EEO case. I typed 2025, but I meant 2024. How can I make the correction?

My motion deadline has ended, but the defendant still has a week to respond to the motion, before the judge makes her ruling.

Jeremy Donham
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answered on Oct 21, 2024

Judges typically are very considerate when a person is involved in a legal case without an attorney representing them. Clerical errors should not cause a problem unless the timing of the dispute or the fact represented in critical to the case. In that situation, you may want to contact the clerk of... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can I pursue litigation a a previous employer if they let me go because I am a recovering drug addict?

I work for a medical insurance company. I have a previous history of substance abuse issues. I am certain my supervisor can view this info. I cannot prove they have ever accessed it, but I can prove that they have the capability of accessing it. In a recent meeting, I was told that “if I want to,... View More

Dash Radosti
Dash Radosti
answered on Oct 9, 2024

Hello,

My name is Dash. I'm a PA attorney with Equal Justice Solutions, a public interest law firm that represents employees.

I'm sorry to hear you have struggled with your addiction. It sounds like you are doing better, and we hope this issue at work isn't too...
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1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can I pursue litigation a a previous employer if they let me go because I am a recovering drug addict?

I work for a medical insurance company. I have a previous history of substance abuse issues. I am certain my supervisor can view this info. I cannot prove they have ever accessed it, but I can prove that they have the capability of accessing it. In a recent meeting, I was told that “if I want to,... View More

Dash Radosti
Dash Radosti
answered on Oct 9, 2024

A: Hello,

My name is Dash. I'm a PA attorney with Equal Justice Solutions, a public interest law firm that represents employees.

I'm sorry to hear you have struggled with your addiction. It sounds like you are doing better, and we hope this issue at work isn't too...
View More

2 Answers | Asked in Employment Law, Personal Injury, Civil Rights and Internet Law for Pennsylvania on
Q: Can I file a lawsuit against Dictionary.com for not letting me know that the grammar coach will be disabled?

I lost my scripts from the grammar coach.

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2024

You could reach out to law firms, but I believe attorneys could be reluctant to handle such a case for you. There are often disclaimers and terms of conditions in using any program. That's only an individual opinion. You could reach out to attorneys to discuss. Good luck

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1 Answer | Asked in Employment Law for Pennsylvania on
Q: I’ve been working for a company full time for over 20 years and they have never given me vacation pay or sick days.

The company I work for considers everybody part time but I easily work 40 to 50 hours a week. It’s a commission based per building and my portfolio used to be 200 buildings a month but now it’s 140 buildings a month since Covid hit. I constantly ask for vacation pay and they only gave it to me... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

Interesting situation, you could be covered by PA law or NY law or both. You would want to research which is more favorable. Check not only the wage laws/employee laws that provide that you are entitled to recover wages AND EXPENSES expended for the benefit of your employer, and you are entitled to... View More

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 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?

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1 Answer | Asked in Employment Law, Employment Discrimination and Federal Crimes for Pennsylvania on
Q: I'm being forced to settle out of court on fmla case. My lawyer is not doing anything. What can I do?

I was out on fmla as inpatient at a facilty. The facility said they will contact my job, they did not. I got fired for abandonment. Showed them all proof needed where I was and they did not care. They upheld there decision. I got lawyer and filed suit. I filed unemployment and now there saying they... View More

James L. Arrasmith
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answered on Jul 21, 2024

It sounds like you're facing a challenging situation. First, consider getting a second opinion from another lawyer who has experience with FMLA and employment law. They can provide you with advice tailored to your case and help ensure that your rights are protected.

Document everything...
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1 Answer | Asked in Military Law, Employment Law and Health Care Law for Pennsylvania on
Q: Is it fair to fire a disabled veteran for having to many VA appointments, er trips that are documented

Seems unfair to me that I've had an issue come up with my health with a know issue, I'm a 70% disabled vet and going to a few VA appointments that I've told my boss was informed about in as much of advance that I knew minus the er trips

James L. Arrasmith
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answered on Jul 18, 2024

It's understandable that you're concerned about your job given your health situation. As a disabled veteran, you have rights under the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA). These laws are designed to protect... View More

2 Answers | Asked in Military Law and Employment Law for Pennsylvania on
Q: Is it fair to fire a disabled veteran for having to many VA appointments, er trips that are documented

Seems unfair to me that I've had an issue come up with my health with a know issue, I'm a 70% disabled vet and going to a few VA appointments that I've told my boss was informed about in as much of advance that I knew minus the er trips

Brandon L Newberry
Brandon L Newberry
answered on Jun 20, 2024

No, your employer cannot legally fire you, a disabled veteran, solely for having too many VA appointments or trips to the ER, especially if you have provided as much advance notice as possible. You are protected under several federal laws:

Uniformed Services Employment and Reemployment...
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1 Answer | Asked in Employment Law and Employment Discrimination for Pennsylvania on
Q: Is this an example of Pay Discrimination?

I've been employed at my current job for almost 2 years. Over the course of time, my department has been ran by 2 people. As of March2024, I was the sole person left in my department. My job also provided me a merit increase, but it wasn't the full increase that they guaranteed me. It... View More

Casey Green
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Casey Green
answered on Jun 10, 2024

You may have claims under federal and state law. The Equal Pay Act, a federal law, prohibits wage discrimination on the basis of sex. An employee must show: (1) the employer pays different wages to employees of a different sex at the same establishment and (2) the employees perform substantially... View More

1 Answer | Asked in Employment Law and Immigration Law for Pennsylvania on
Q: Can I apply for unemployment after being laid off while on Stemm OPT with a valid work permit?

I was recently fired from my job after working for 1 year and 6 months. I am on Steem opt with a valid EAD card. I would like to know if I can apply for unemployment in PA.

James L. Arrasmith
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answered on May 29, 2024

As an international student on STEM OPT (Optional Practical Training) with a valid Employment Authorization Document (EAD), your eligibility for unemployment benefits can be complex. Here are a few points to consider:

1. Unemployment benefits are typically available to workers who lose...
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