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Pennsylvania Employment Law Questions & Answers
1 Answer | Asked in Criminal Law and Employment Law for Pennsylvania on
Q: What can I do if I get fired for a situation where another employee approached me with a weapon and threatened me harm?

The man came at me with an object threatening to kill me, I made more than a few attempts to back up but each time he stepped into me. I refused to turn and walk away for fear he would strike me with the object. We were both sent home with pay for the day but I now fear I may be fired. I tried to... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 23, 2020

You can receive unemployment compensation and if they say you were guilty of "willful misconduct," it wasn't misconduct and it wasn't willful.

You may have other claims but a lot depends on what happens and what the reasons are. For now, take it one step at a time. When...
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1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Pennsylvania on
Q: If I feel unsafe working in these conditions although I’m an essential worker, am I eligible for unemployment?
Peter N. Munsing
Peter N. Munsing
answered on Apr 17, 2020

You would have an argument to make that you have a "necessitous and compelling reason." Much would depend on what "these conditions" are--are you near customers? Do you have a good facemask ? Do you have gloves? Do customers have hand sanitizer or gloves they are given? If you... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: My salary was cut 35% due to COVID 19. Do other agreements between my employer and I still stand?

Such as a promissory note tied to a relocation bonus. Does this work any differently if I'm furloughed?

Peter N. Munsing
Peter N. Munsing
answered on Apr 17, 2020

A lot depends on what is going on--a cut while you still work is different from a cut and you are furloughed. As to the note you need to look at the language of the agreement, any letters that discussed the terms etc.

The interesting question is if you are furloughed but on 1/3 pay can you...
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1 Answer | Asked in Employment Law and Sexual Harassment for Pennsylvania on
Q: Hello, I was hired to do work for someone. He has not yet paid and I received a letter saying he is suing me

I have emails and text messages

Peter N. Munsing
Peter N. Munsing
answered on Apr 17, 2020

You need to bill him for the work. Anyone can say anything. If you disagree I would simply respond "I disagree with your statements. Please pay the amount agreed on."

Keep a copy of all correspondence. If by email, download and print each item.

2 Answers | Asked in Employment Law for Pennsylvania on
Q: I am working full time in an essential job, a salaried employee, and my employer is implementing a 10 percent pay cut

Is that legal if I don’t agree to it?

Kyle Anderson
Kyle Anderson
answered on Apr 15, 2020

Yes, an employer can cut your salary without you agreeing to it. However, the employer is required to pay you a minimum salary of $684 per week. This law went into effect January 1, 2020. If the salary cut put you below this level, I would recommend reaching out to an employment law attorney in... View More

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1 Answer | Asked in Employment Law for Pennsylvania on
Q: I have to be off work due to no child care or school have work for employer with 500 plus employees

My company is not under 500 employees what are my rights to be able to take off during covid 19 with no child care or school. My children need me home during the day and I can t afford to lose my job in long term. Money not a issue cuz I can get unemployment I just need to with kids till I can get... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 15, 2020

Since your employer employs more than 500 employees, you are unfortunately not eligible for aid through the Families First Coronavirus Response Act that was recently passed. However, if you've been employed full-time with your company for at least a year, you may be eligible to take an unpaid... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Is my employees allowed to not pay me for vacation/PTO days earned, if they laid me off?

I was laid off due to covid- 19 and my employer wants to not pay me for PTO time earned

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 8, 2020

If your employer has an employee handbook, then you should consult the handbook to see if there are any provisions that govern whether you are entitled to your accrued but unused PTO at the time of termination.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: A couple from my 2and job while having been off for over a week because of the worldwide pandemic. have been fired.

No notice was give. what are their rights as to have done nothing to deserve to be fired?

Peter N. Munsing
Peter N. Munsing
answered on Mar 30, 2020

They can get unemployement with no 5 day waiting. Hard to say if they have other rights as it's not clear why they were "off"---the fact that there is a pandemic doesn't get them off work if the workplace is legally open. But they should contact unemployment.

1 Answer | Asked in Employment Law and Health Care Law for Pennsylvania on
Q: My brother in law's company is asking for my medical records. Is this a HIPAA violation?

I do not work for the company and I was in quarantine for COVID-19 with a negative result. They won't allow him to return to work without documents of my negative results.

Peter N. Munsing
Peter N. Munsing
answered on Mar 30, 2020

If he gets a negative test that should end it. They can't make him produce your records--that's silly. But assuming he wants his job......

Not sure why they'd want yours anyway. But they can't tell someone they can't work based on a third person's status.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: my wife and I worked at a temp agency but haven't worked since this virus started because no work. can we get UC now?

now that the bill got passed?

Peter N. Munsing
Peter N. Munsing
answered on Mar 30, 2020

Go file. No 5 day waiting. (however you may be able to get work with a grocery or drug store if you want to woerk).

2 Answers | Asked in Employment Law, Social Security, Workers' Compensation and Health Care Law for Pennsylvania on
Q: If you come down with Prostate cancer can you get disability

need a lawyer from Pennsylvania pittsburgh area

Scott F Bocchio
Scott F Bocchio pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2020

Hi, it is possible. Much of the case depends on the actual prognosis and treatment plan going forward.

Scott Bocchio, Esq.

855-254-7841

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1 Answer | Asked in Employment Law for Pennsylvania on
Q: I am a commission only sales person in PA. Can my employer mandate the hours I work?

I do not receive compensation for gas and I must use my personal cell to update company every night on my activity. They have mandated that I work two evening per week and Saturdays.

Carrie Dyer
Carrie Dyer
answered on Mar 18, 2020

Your employer can require you to work any hours - including evenings and weekends. You should consult an employment attorney to ensure you are being properly compensated for all of those hours. If you are properly classified as an exempt outside sales employee, then your employer is not required... View More

1 Answer | Asked in Employment Law and Social Security for Pennsylvania on
Q: I worked for 24 years and then had to stop working for 7 years to take care of my sick husband who passed away in 2012.

I worked for 24 years and had to stop for 7 years to take care of my husband who was dying and on SSDI. He passed away in 2012 and I went back to work, after just 3 months I got hurt on the job and lost my thumb. I tried to go out on my own SSDI and they told me that I couldn't collect my SSDI... View More

Scott F Bocchio
Scott F Bocchio pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2020

Hi, I am very sorry to hear about your husband. You can begin to collect Social Security Retirement at 62 1/2. You will receive less by taking the money at age 62 1/2. If you waited until 67, you would receive a greater amount per month. You would never be able to apply for SSDI since your credits... View More

1 Answer | Asked in Employment Law and Immigration Law for Pennsylvania on
Q: H4 Status when H-1B revoked by old company

Hi,

I recently changed my job and my H-1B has been filed by new employer and it is not approved yet. My spouse H4 (form I-539 approved and valid until May 2022 from my previous employer) was not filed by new employer.

Couple of days back my H-1B (form I-129) has been revoked by my... View More

Adan Vega
Adan Vega
answered on Feb 24, 2020

If the FORM I-129H by your spouse’s employer was filed with USCIS before the withdrawal of the H-1B by the prior employer then the H-4 status, in general, remains valid.

However, you should request guidance from your spouse’s employer who is assisting with the filing of the FORM...
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1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can I collect unused vacation time if I was terminated (I live in Pennsylvania)

I recently accepted a new job, and gave my current employer a three week notice. They came to me today stating that Friday would be my last day, and they were terminating my last two weeks of employment. I have 18 days of unused PTO time. Am I able to collect that? In the employee handbook it... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 20, 2020

The Fair Labor Standards Act only requires that you be paid for hours worked, and unused PTO does not qualify as "hours worked" under the law. Thus, while you don't have any legal recourse if your employer refuses to pay out your unused PTO, you can always inquire about this with... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for Pennsylvania on
Q: Is a restaurant employer allowed to terminate me after written warnings where I was sick with a contagious illness?

I have worked in a restaurant for the past 4 years. Recently the state of management has gone downhill. As someone who also works in the medical field, I understand I, as an employee, am not allowed to go into work around food with contagious conditions. I provided them two seperate doctors note... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 12, 2020

You should file for unemployement as you were not terminated for cause where you had necessitous and compelling reasons.

7 Answers | Asked in Workers' Compensation, Employment Law and Personal Injury for Pennsylvania on
Q: Does liability insurance coverage, cover wage compensation or just medical?

I slipped and hit my head at my place of employment but was not on the clock. ER diagnosed me with a concussion and whiplash. I've been off work since Nov. 8th. My employer said her insurance doesnt cover missed wages.

Mark Scoblionko
Mark Scoblionko
answered on Dec 5, 2019

You should consult a worker's compensation lawyer to see if you have a worker's compensation claim even though you were not on the clock. Secondly, if you fell because of the employer's negligence, the employer's liability insurance would potentially be responsible for lost... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: I would like some help with my unemployment appeal. My old employer is really making things up. This would be my 2md tim
Andrew S. Abramson
PREMIUM
Andrew S. Abramson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2019

You should retain an experienced employment law attorney to represent to at the hearing. If you are located in Pennsylvania we can assist.

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1 Answer | Asked in Appeals / Appellate Law and Employment Law for Pennsylvania on
Q: won unemployment appeal employer didn’t show now employer appealed the decision

Employer said it was due to rule violation but never showed for appeal hearing. I never got written up or signed anything and no handbook and I won now he appealed it

Peter N. Munsing
Peter N. Munsing
answered on Nov 26, 2019

Anyone can appeal anything. Doesn't mean they win. If the appeal is from the initial determination/examiners decision they can try to introduce evidence. If it's appealing a referee decision, they are stuck with the record.

1 Answer | Asked in Criminal Law and Employment Law for Pennsylvania on
Q: I did something completely stupid I was caught on camera how do I avoid jail time
Ryan L Hyde
Ryan L Hyde
answered on Nov 19, 2019

Get a good lawyer. You dont give enough information for any other answer

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