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Pennsylvania Employment Law Questions & Answers
2 Answers | Asked in Civil Rights, Employment Law and Education Law for Pennsylvania on
Q: Accused of harassment and leave after reporting student cheating.

I am a professor at a university who caught multiple students cheating and reported it to my supervisor. One of the students was awarded a prestigious college scholarship. After reporting, my supervisor ordered me to stop pursuing the matter, but I refused. Consequently, I've been placed on... View More

Casey Green
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Casey Green
answered on Jun 13, 2025

To supplement what the prior attorney stated, the University likely has a handbook, policies and procedures that relate to due process rights you may have as a professor, and particularly if you're tenured. You've now been unpaid for 4 months. I would not delay any further in hiring an attorney.

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Q: Liability for actors in transit accidents and potential employee status challenge in PA.

As a non-profit children's theatre in Pennsylvania, we send actors into schools and libraries for performances under a contract stating they are independent contractors. Each actor drives their own car, and one usually carries props and costumes. We hold a $2,000,000 general liability policy.... View More

Matthew Rosenberg
Matthew Rosenberg
answered on Jun 16, 2025

In Pennsylvania, a nonprofit is generally not liable for an auto accident caused by an independent contractor who is driving a personally owned vehicle to or from a job. If, however, a court finds that the theatre exercises enough control over routes, schedules, or use of vehicles that the actors... View More

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Q: Liability for actors in transit accidents and potential employee status challenge in PA.

As a non-profit children's theatre in Pennsylvania, we send actors into schools and libraries for performances under a contract stating they are independent contractors. Each actor drives their own car, and one usually carries props and costumes. We hold a $2,000,000 general liability policy.... View More

Nathaniel Byron Smith
Nathaniel Byron Smith
answered on Jun 11, 2025

Liability is a factual question and the real details of your relationship with the actors needs to be analyzed. However, you have substantially protected your charity with the significant insurance coverage that you have purchased. If the actors are truly independant contractors, then you are... View More

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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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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

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

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 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

1 Answer | Asked in Employment Law and Employment Discrimination for Pennsylvania on
Q: Can information never provided to me or signed by me be used against me in an unemployment appeal?

I had been terminated and at that time was told my termination reason was “confidential”. I had applied for unemployment and was denied due to “willful misconduct”. There was a file attached from my boss that was not added to Paycom until 10.23.24, when I was terminated on 10.11.24 and... View More

Jeremy Donham
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answered on Dec 3, 2024

Sorry to hear about the loss of your job. The medical issue could potentially qualify you to make a claim under the Americans with Disabilities Act ("ADA"). You will want to speak with a local attorney who practices in Employment law and discuss this further as well as the confidentiality... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: After FMLA leave I gave my HR a note with my name, restrictions and a box checked yes that I can return to work. It was

Signed by my doctor. They sent me home. On the second day I brought in a note and they allowed me to work the full day. The following day they denied the note stating that because it was a printed note provided by my employer's third party FMLA leave provider to my dr, that they could not... View More

Jeremy Donham
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answered on Dec 2, 2024

Very sorry you are dealing with this issue. Employers have a lot of latitude when they deal with employee FMLA issues. With that said, there could be some issues that fall under the Americans with Disabilities ("ADA") if you qualify. When an employer requests that you return to full duty... 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 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 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
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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
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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...
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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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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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2 Answers | 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

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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