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Pennsylvania Employment Law Questions & Answers
0 Answers | Asked in Employment Law and Tax Law for Pennsylvania on
Q: What legal ramifications can result from an employer failing to withhold local income taxes for remote employees?

I work(ed) for a tech startup as a full-time salaried employee. Mid 2022, management cut services with our third-party PEO and resumed depositing paychecks directly via wire transfer. In November, 2022, the company realized it was broke and began putting the product on hold, along with employee... Read more »

0 Answers | Asked in Employment Law for Pennsylvania on
Q: How do I approach my former employer about my SEP IRA contribution for 2022?

I resigned from my position in August 2022 after 11 years at the company and my employer was fairly upset, although I gave a month notice. I am owed a SEP IRA contribution for 2022 however I am thinking my former employer will try and get out of making the contribution. I know legally if he makes... Read more »

0 Answers | Asked in Employment Law, Banking and Business Law for Pennsylvania on
Q: An employer sent my direct deposit to the wrong account.

I requested a direct deposit change 3 weeks prior to me receiving the direct deposit. My deposit was sent through successfully to the correct account but this time around it went back to the previous account which has a negative balance. The employer is trying to make me pay a reversal fee due to... Read more »

0 Answers | Asked in Criminal Law and Employment Law for Pennsylvania on
Q: What lawyer do I need. Got a letter from a ex employer saying I need to have my legal counsel contact them

Altering weights for payment(i work at a scrap yard where we weigh customers in and out

0 Answers | Asked in Employment Law for Pennsylvania on
Q: Can my PA employer mandate me to use my personal cell for work related use without a policy about this orreimbursement?

I work for a private institution and was told my boss could mandate me to download certain apps to my personal phone and mandate me to send text messages without reimbursing me for the expense. We are provided with lap tops to do our jobs. There is no signed agreement in place stating we must use... Read more »

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Pennsylvania on
Q: Can I sue my former employer for age and racial discrimination?

Do I need to file a charge with the EEOC?

Charles A. Pascal Jr.
Charles A. Pascal Jr.
answered on Feb 28, 2023

You have 6 months from the date of the incident to file with the EEOC or PHRC. You must do this in order to preserve your right to sue.

1 Answer | Asked in Family Law, Civil Rights, Employment Discrimination and Employment Law for Pennsylvania on
Q: Good morning,How do I find out if I have been tainted via social media when no one would tell me?

My friends and family have been keeping their distance from me for a few years. I am being gaslighted (I hate to mention it) because it is a difficult thing to prove. It makes it seem like is all in my head. However, I draw the line when it happens at work. I will not be able to support myself... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 13, 2023

First of all, you should never include your name or other identifying information on sites like these, which are open to everyone, including the folks you're concerned about.. Secondly, although the purpose of this site is often misunderstood, it's not a jobs board so it's highly... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Hello,I have a question about medical conditions and my rights as an employee.

Hello,

I am 30 years old and have been employed by my current employer for approximately 2 1/2 years. I am full time and work 40 hours per week.

Recently I was diagnosed with Ehlers-Danlos Syndromes (EDS). My doctor wrote a letter for me to amend my duties based on my condition.... Read more »

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jan 11, 2023

I'm sorry to hear about your situation. It appears you asked for reasonable accommodations for your disability. The employer had an obligation to engage in a good faith interactive process to determine if you could complete your job with or without accommodations. If you want to take action,... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: What defines an employee as a 1099 contractor in PA?

I have an employee that i want to hire as a 1099 independant contractor. Outside of me putting them into my payroll as a 1099 contractor, what else do i need to make sure they are classified the correct way?

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 21, 2022

You should contact a Pennsylvania employment lawyer directly to discuss your situation, as whether a worker can be properly classified as an independent contractor depends on a variety of different factors and will be highly dependent on the specific facts of their situation. Labels alone (such as... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: My employer is telling me that I do not get holiday pay as a 36 hour full time employee, but 40 hour employees do.

My employer is telling me that I do not get holiday pay as a 36 hour full time employee, but 40 hour employees do. They said the reason I don't is because I work four days and it's a benefit to have a day off during the week. I think this is very unfair and I want to know if there are any... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 30, 2022

There are no laws that require employers to offer paid time off, so unfortunately, if your employer does offer this benefit, they can offer it on their own terms (in this situation, to some employees but not others).

1 Answer | Asked in Employment Law, Business Law, Car Accidents and Collections for Pennsylvania on
Q: Can independent contractor bill a person for lost wages

.

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 21, 2022

You would have to see a lawyer to determine whether you can sue the other party for lost wages. Employment laws vary from state to state. I think you'd have a tough time proving that you lost income as an independent contractor. W2 employee income is known and predictable, but yours isn't... Read more »

2 Answers | Asked in Employment Law for Pennsylvania on
Q: If i am diagnosed with a disability while working, am i covered by ada, and can i request reasonable accommodations

Private nonprofit. Asked for accommodation and was denied. Live in Pennsylvania

Damon Miller
Damon Miller
answered on Nov 18, 2022

What is a reasonable accommodation depends a lot on the facts (like what type of disability you have and what kind of accommodation you're requesting). If you can do you job but just need an accommodation, then I would recommend talking to an employment lawyer in your area. If you think you... Read more »

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1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: I am wondering if I'm a victim of employment retaliation or breach of confidentiality.

I'm on workers comp for 13 + months. I ve been told since July I was replaced in my job and being sent to night shift . My job was Monday - Friday 6:30 am - 3 pm. I've been there 32 years . I have never received any info on this from HR and nothing at all from my union. Emails were... Read more »

Timothy Belt
Timothy Belt
answered on Nov 13, 2022

Sadly, workers' compensation does not provide you with any guarantee that you will be returned to the same shift or even the same job title as before your injury. However, if you fail to report to an offered position within your work restrictions it may result in a reduction or even... Read more »

1 Answer | Asked in Employment Law and Immigration Law for Pennsylvania on
Q: My I-94 class of admission is DT, I came across the border. Am I eligible to file Form I-765?

My I-94 class of admission is DT, I came across the border. Am I eligible to file Form I-765 Application for Employment Authorization? What is my Eligibility category? Should I seek employment authorization under category (c)(11)? How soon can I file Form I-765 since I crossed the border?

Caitlin  Costello
Caitlin Costello
answered on Nov 16, 2022

Generally, someone who is admitted as DT can file a form I-765 under (c)(11) as soon as they are admitted. However, if it is granted, it will only be valid for as long as the status is valid.

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: I was wrongfully terminated in 1 state but reside in another. Can I choose to have court in the state that I reside?

The companies that terminated me have offices in the state where I reside

Joseph Korsak
Joseph Korsak
answered on Jul 27, 2022

You can bring an action where the wrong occurred. Simple application of venue requirements.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can employer force me to salary, I wouldn’t be making any more money, but I would be forced to work more overtime.

My job duties haven’t changed, I have been in a management position for over 3 years. I work 75% of the time on our production line to keep operations going. My employer doesn’t want to pay me 1.5 for the current overtime anymore. However, when I switch I would be forced to work more overtime,... Read more »

Joseph Korsak
Joseph Korsak
answered on Jul 18, 2022

This is the employer's aTTEMPT TO AVOID ot payments. Not permitted.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Employer violating handbook policy on vacation, sick and personal time .

Employer is not honoring hand book policy on leave time give. In the handbook it is stated in terms of days . Our facility is running permanent 10 and 12 hr schedule but vacation is accured based on 8 hour usage therefore does not equal the hours needed to cover stated days given. For instance 5... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on May 24, 2022

Unfortunately, there is no law that requires paid time off, so employers have a lot of discretion to make the rules regarding when (and how much) they offer. However, this may be worth bringing a complaint to the attention of your HR department and explaining the discrepancy if you have not already... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Is it legal for an employer to approve both a raise and bonus only for employees who did not vote to form a union?

Union vote for a segment of employees was counted 4/8. Since then a 4% raise was approved for everyone but the segment of employees who took part in the union vote and a 2.5% bonus was announced today again for everyone but those who will have union representation. Is this legal?

Casey Green
PREMIUM
Casey Green
answered on May 5, 2022

I'd like to hear more about this, but based on your representation, it appears to be unlawful discrimination under the National Labor Relations Act. For example, Section 8(a)(3) of the Act makes it an unfair labor practice for an

employer to discriminate against employees “in regard...
Read more »

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