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Pennsylvania Employment Law Questions & Answers
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
Dash Radosti
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
Dash Radosti
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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1 Answer | Asked in Consumer Law, Banking, Civil Rights and Employment Law for Pennsylvania on
Q: I work for a financial institution in Pennsylvania. Is it legal to go to local businesses and solicit the employees?

Middle Management is asking financial representatives to go door to door to local businesses without prior permission from the owners of these businesses to solicit financial services to their employees while the employees are working at their jobs. I guess Management's thinking is our perfect... View More

James L. Arrasmith
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answered on Mar 8, 2024

It's understandable that you're concerned about the legality and ethics of soliciting employees at local businesses without prior permission. Generally, the practice of going door-to-door to businesses to offer services directly to employees during work hours raises several legal and... View More

1 Answer | Asked in Employment Law and Sexual Harassment for Pennsylvania on
Q: Will a reason for firing show on a child abuse clearance

I live in pa and was fired for sexual harassment. I was never charged with a crime but I need to get child abuse clearances will my firing show ony check

James L. Arrasmith
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answered on Mar 6, 2024

In Pennsylvania, child abuse clearances are designed to reveal any history of child abuse allegations or convictions. These clearances focus specifically on your interactions with children and whether you have a history that could potentially put children at risk. They typically do not include... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: My workplace has a 24 hour policy. If you vomit within 24 hours you’re not allowed to come in. I called and they told me

They told me that I’m not allowed to come in since I vomited within the 24 hour thing are they allowed to punish me for not coming in after they told me to not come in because they told me I would still get a write up for it after I asked if I could come in or not

James L. Arrasmith
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answered on Feb 23, 2024

It seems unfair for your workplace to punish you for following their policy by not coming in after you vomited within the 24-hour period. If they explicitly instructed you not to come in due to the policy, it would be unreasonable to issue a write-up for complying with their directive. It's... View More

1 Answer | Asked in Employment Law and Sexual Harassment for Pennsylvania on
Q: If someone got someone fired for false statements about sexual harassment what can they do??

They also texted victim multiple times saying hey do you work today and I think your cute. But they didn’t respond back and then he was making sure she was okay and gave her a church hug. Then she texted him the same day asking if he worked tomorrow. Then she said that he sexually harassed her

James L. Arrasmith
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answered on Feb 23, 2024

If someone falsely accuses you of sexual harassment and as a result, you lose your job, it's a serious matter that can have significant consequences. False accusations can damage your reputation, career prospects, and emotional well-being. In such a situation, it's crucial to gather any... View More

2 Answers | Asked in Employment Law for Pennsylvania on
Q: Is it legal in the state of PA for an employer to change my pay rate drastically without any kind of notice?
T. Augustus Claus
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answered on Feb 15, 2024

In Pennsylvania, employers are generally required to notify employees of any changes to their pay rate before the changes take effect. This includes any reductions in pay. A drastic change in pay rate without any notice may violate state labor laws, specifically regarding wage payment and... View More

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1 Answer | Asked in Contracts and Employment Law for Pennsylvania on
Q: My employer has paid for a class. I was given a NDA from the organization teaching the class. What can I disclose?

They received money for a class. Do they have to declare something is confidential to be covered? Can my employer ask me to share what I learned with management and staff?

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answered on Feb 8, 2024

In Pennsylvania, when you sign a Non-Disclosure Agreement (NDA) for a class paid for by your employer, the terms of the NDA dictate what information is considered confidential and what can be disclosed. Typically, NDAs require specific mention of what constitutes confidential information, which... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: What kind of lawyer do I need. ExUber driver, was independent contractor, have proof of fraud/wage theft

Don't know where to start. Overwhelmed with information I documented in 6+ months building my case. Need help sorting it all out.

James L. Arrasmith
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answered on Feb 6, 2024

If you were an independent contractor as an Uber driver and believe you have evidence of fraud or wage theft, you should consider consulting with an employment or labor law attorney who specializes in wage and hour disputes. Here are the steps to help you find the right attorney:

Research:...
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1 Answer | Asked in Employment Law and Employment Discrimination for Pennsylvania on
Q: My GM threatened me as by stating "so if I come through that door in regular civilian clothes is the same as...

Me saying the F* word". I most recently have been wrongfully terminated for following my chain of command and not doing a job without the proper PPE. Lastly if I have been asking for a raise for my year and it's stated we get a yearly raise in our policy but 4 months later a coworker gets... View More

T. Augustus Claus
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answered on Feb 2, 2024

In Pennsylvania, you may have legal recourse if you believe you have been wrongfully terminated or subjected to employment discrimination. Threats or retaliation from a general manager could constitute a hostile work environment or retaliation, both of which are prohibited under employment laws.... View More

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