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.
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 earnings. However, you... Read more »
I was recently terminated from a job at a county prison. I was sent a female inmate that resembled a male. I did not pat her down, breaking policy. However had i patted her down i would have been in trouble for patting down a female, also against policy. A female inmate never should have passed 4... Read more »
1) did her paperwork indicate gender? 2) its not clear if you didn't pat her down because you thought she was differently gendered or what. I'd suggest you contact the union rep, also appeal the unemployment denial and also contact a member of the Pa. Assn for Justice who handles... Read more »
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
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.
You should retain an experienced employment law attorney to represent to at the hearing. If you are located in Pennsylvania we can assist.
Get a good lawyer. You dont give enough information for any other answer
Be tough to show but contact the union for starters, the look for a member of the Pa. Assn for Justice who handles employment claims.
As a childcare center worker in Pennsylvania, from the start date of one's job how long is an employee allowed to go without being CPR certified.
This is not a securities law question.
My scheduled vacation is going to fall while I'm still off work, under workmans comp. Do I have to take this vacation as scheduled or do I have a right to reschedule?
Ask your comp lawyer. Normally you can collect for any vacation time you loose, but in this case if you have the option to re-schedule you aren't required to spend your vacation laid up.
My daughter is a swim instructor. My daughter completed lifeguard recertification training through her employer. Her supervisor told her that in lieu of paying my daughter for her time ($60) and then having to charge her for the course ($100), she just wouldn't pay her for the time and wouldn't... Read more »
They should have told her up front and she certainly should be sure that their certification is good anywhere--check with a Y. It's a question does she want to work there or not. Yes it's tacky but a wage hour complaint may mean all the sudden they have no hours for her. As they are underhanded... Read more »
practice has slowed down and I was informed that my position is now going to be taken to what they are calling a Regular Part Time non exempt status. Verbally I was told it would be 30 hours with continued healthcare and benefits. My company wants me to sign a letter agreeing to this new contact... Read more »
I don't think you signing would be a problem as long as they state that this is not a reduction due to your conduct but just their business. Why not ask unemployment first? (for what it's worth, I understand the VA was looking for PT's).
I worked at a daycare from December 11 to March 22. I was expected to get paid today and didn’t due to some daycare expense issues. I “owed” $690 in daycare expenses and had a plan set up with my boss to take out $50 biweekly. since I had to relocate, due to not having a place to stay nearby... Read more »
Let me break it down for you: If you received $690 more in daycare services than the amount of your paycheck--and then quit working at the daycare--it does not appear unlawful for your employer to withhold and apply your last paycheck to cover a portion of what you owe them. Nor do they have to... Read more »
The new owners are giving 2 weeks notice but not paying for earned or accrued vacation. Is this legal?
1)While still in the company everyone needs to get a written statement of accrued vacation etc. 2) this would be a claim to make against the owners that sold. If you don't get anywhere the US department of Labor Wage & Hour Division.
Potential gender discrimination lawsuit is being consulted on with the area lawyers. If EEOC discrimination complaint is filed, would it be damaging to a future lawsuit if materialized? Reason for filing with EEOC is an approaching deadline for statute of limitation in the state.
It's my understanding that filing with the EEOC is a *prerequisite* to filing a later lawsuit, so better get it done if you want to preserve your rights to file in federal court!
Best of luck to you.
The previous employee did not want to work for the organization leaving it quickly with no one to take over. I was hired as bookkeeper to fill the position four months ago and to keep bills paid. Now the previous employee wants to return, so I was released. Is that legal?
Yes, unless you had some written employment contract which promises you employment for a particular length of time. My guess is that there is no such contract, and so your employer can terminate you "at will."
You would, however, be eligible for unemployment compensation, and you can... Read more »
There was 2 separate work-related injuries and none was reported to the State Worker's Comp Board
Your employer is required to report your work injuries to their insurance company and the State. There are several reporting requirements for both the employer and the injured worker. Therefore, I recommend that you contact a Board Certified Workers’ Compensation Attorney to discuss your... Read more »
Instead of giving me a raise, my employer told me my bonus and profit sharing would be my total payroll. Everyone else in the company gets their payroll plus bonus and profit sharing. Now the company didn't make as much money as he anticipated in the last 6 months, so my "salary" is significantly... Read more »
You have no right to a raise absent a union contract or employment contract.you say the others get payroll plus bonus and profit sharing --are you saying now you are getting bonus and profit sharing but no pay?
If the first one, I don't see a wage hour case; in second one could have a wage... Read more »
This company has been paying their employees unused vacation days at the end of each year so employees have depended on this money to be used for Christmas. This year the company told their employees, the week they were to receive the checks that they would not receive payment until April. Also... Read more »
Thank you for reaching out. There is no Pennsylvania law that requires an employer to provide vacation benefits to employees. If the employer chooses to do so, and has a policy that discusses how vacation leave will be handled, the employer must comply with the terms of its established policy or... Read more »
Lives in pa. Works in nj past 40 years
You can try--a lot depends on the terms you are leaving under.
If my full time position is filled do I have to accept the part time, flex position? The only one in my field? If I decline, will I be eligible for unemployment?
Speak with a member of the Pennsylvania Assn For Justice who handles employment issues. They may best guide you.
If you are stuck with the part time ask if you can get U/c for the difference?
Worked at one business and quit after I got hired somewhere else. One month later I got a phone call from new employer stating they were letting me go due to background check a month later. Is this legal?
Yes. Employment in Pennsylvania is "at-will" -- meaning you can quit whenever you like, and employers can fire you whenever *they* like. There's no legal requirement to conduct background checks on either prospective or current employees at all, much less any time limitation on when they're done.... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
