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Pennsylvania Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Civil Litigation, Wrongful Death and Personal Injury for Pennsylvania on
Q: Seeking actionable lawsuit for mother's forced retirement before pension milestone.

I'm seeking information about whether my deceased mother’s heirs might have an actionable lawsuit for her forced retirement. She was forced to retire after 29 years at Bell of Pennsylvania and denied "time bridging," missing out on a pension increase given after 30 years of... View More

James L. Arrasmith
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answered on Apr 11, 2025

What happened to your mother sounds deeply unfair, and it makes sense that you’ve carried this question with you for so long. Being forced to retire just before a major pension milestone—especially under the threat of termination—is something worth looking into, even years later. While... View More

1 Answer | Asked in Collections and Employment Law for Pennsylvania on
Q: What happens if I don't pay a CashNet USA loan debt?

I took out a CashNet USA loan in South Carolina, made a few payments, but stopped about 8 months ago. I've since moved to Pennsylvania and received calls about the debt; a private investigator told me I'd be arrested and jailed if I don't pay. I haven't received any legal... View More

James L. Arrasmith
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answered on Apr 12, 2025

I'm so sorry to hear about what your daughter has gone through, and it's important that you take action to protect her and hold those responsible accountable. Given that there have been past allegations against this teacher and the school failed to act, you may have a case for negligence.... View More

1 Answer | Asked in Civil Rights and Employment Law for Pennsylvania on
Q: Can I get in trouble for comments about age and hiring practices?

I expressed to my manager that it's not my fault they hire 16 and 17-year-olds who don't listen or pay attention in training. Now I've been asked to talk to HR about potential age discrimination and possibly being fired. I've never faced any previous allegations related to age... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’re in a tough spot, and I understand how this situation can be stressful. While your comment about the 16 and 17-year-olds may not have been intended as age discrimination, it's important to recognize that the language used could be interpreted that way. Comments regarding... View More

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 Discrimination and Employment Law for Pennsylvania on
Q: Is workplace discrimination claim valid for comments about military status?

During an argument at work, a coworker, who is in the military reserves, threatened to beat me up and insulted my age by calling me old and senile. In response, I mentioned I wasn't afraid of him because he is in the stupid military. He filed a discrimination claim against me, alleging... View More

Jeremy Donham
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answered on Apr 9, 2025

Hi,

You may want to seek counsel within Florida if that is the jurisdiction you are working in. This is a matter of some concern to you obviously, as it should be. Unfortunately, you have to wait on the response from your employer but if you have not given notice of the co-worker's...
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2 Answers | Asked in Employment Law for Pennsylvania on
Q: How can I seek compensation for unpaid labor during breaks at my caregiving job?

I've been working at my job as a caregiver for mentally and physically handicapped adults for two years. My shift is supposed to be 8 hours, but we only get paid for 7 hours, with the expectation that lunch is included, even though I have to work through this break. I'm unable to leave,... View More

Casey Green
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Casey Green
answered on Mar 28, 2025

The law requires that your employer pay you for the hours that you work. This would include time that you are supposed to be on lunch break. I'd consult with an attorney as soon as possible if this has been going on for years so that you do not have issues with the statute of limitations on... View More

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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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1 Answer | Asked in Appeals / Appellate Law, Employment Law and Public Benefits for Pennsylvania on
Q: Advice on proving transportation issues affected work ability for appeal

I am seeking advice on how to demonstrate good cause for my resignation from my employer. I applied for unemployment benefits but was denied due to an involuntary quit. I live in Pennsylvania, but I worked in Maryland. After my vehicle was totaled in an accident, I rented a vehicle to manage my... View More

James L. Arrasmith
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answered on Apr 13, 2025

To strengthen your case for the appeal, it’s important to gather evidence that clearly shows how transportation issues impacted your ability to work. Start by collecting documentation related to your vehicle accident and any communication with your insurance company, rental agency, or repair... View More

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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1 Answer | Asked in Gov & Administrative Law and Employment Law for Pennsylvania on
Q: Do social workers or banks have rights to intervene in how I spend my money at 83 years old?

I reside in Pennsylvania and was visited by a social worker this morning due to concerns from my bank about my spending habits. I am 83 years old, in good mental health, and have other investments totaling over $300,000. My son, who lives with me, uses my card to withdraw money, and I keep track of... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on Pennsylvania law and financial regulations, your situation involves important considerations regarding financial autonomy for older adults. Banks and financial institutions have certain obligations under the Elder Financial Protection Act to report suspicious activities that may indicate... View More

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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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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1 Answer | Asked in Cannabis & Marijuana Law, Employment Law and Education Law for Pennsylvania on
Q: Concerns about drug test for public school employment as licensed teacher using medical marijuana in Pennsylvania.

I am a licensed teacher in Pennsylvania and use medical marijuana with a valid prescription. I'm applying for a position in a public school where I must submit a drug test for employment. Should I be concerned about the implications of my medical marijuana use on my employment prospects, given... View More

James L. Arrasmith
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answered on Apr 13, 2025

Navigating the intersection of medical marijuana use and employment, especially in educational settings, can be challenging due to varying state and federal regulations. In Pennsylvania, while medical marijuana is legal for therapeutic use, employers, including public schools, maintain the right to... 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.

1 Answer | Asked in Civil Rights and Employment Law for Pennsylvania on
Q: Can a school district bar me for a Facebook comment about raises?

I'm employed through an agency that contracts with a school district to hire substitutes and paraprofessionals. I recently posted a comment on a news article about a raise for the superintendent and assistant superintendent, which was publicly disclosed, but not the specific amount.... View More

Casey Green
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Casey Green
answered on Feb 25, 2025

Public school teachers have First Amendment rights. The First Amendment doesn't give public school teachers unlimited rights, but may protect their speech when speaking as a private citizen on a matter of public concern. If your situation fits within that scope, and you were not hired as a... View More

1 Answer | Asked in Business Law, Consumer Law, Employment Law and Employment Discrimination for Pennsylvania on
Q: Misleading job offer, harassment, and misuse of personal information in Pittsburgh, PA. What are my legal options?

I moved out of state for a job advertised as an office manager position, but it was actually an accountant role for a small business and personal accountant for the owner. The job falsely advertised benefits like paid holidays and insurance, which were not provided. I have the original job listing... View More

Jeremy Donham
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answered on Feb 27, 2025

Sorry to hear of this. My suggestion is that you call an employment attorney in your locale and discuss possible claims falling under gender discrimination and harassment. You can also reach out to the EEOC online and file a complaint. It is urgent that you do so quickly as there are limitation... View More

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

Jeremy Donham
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answered on Feb 27, 2025

I note counsel's points below. I would also be curious if your illness was more serious than a simple bout of COVID. For example, if you have underlying disabilities like COPD or Asthma that were aggravated or exacerbated by COVID, also did you need to seek Family Medical Leave if you were... View More

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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 Employment Discrimination and Employment Law for Pennsylvania on
Q: I worked for an employer 1 day, my background check came back and the next day I was told I was let go. Is this legal?

I had a 5 year old felony

Jeremy Donham
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answered on Feb 6, 2025

Generally, if you work in Pennsylvania, employers are not permitted to discriminate against you in hiring due to a former criminal conviction as this may be a violation of the Criminal History Record Information Act (CHRIA). However, the caveat is that if a person has been convicted of stealing,... View More

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