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Pennsylvania Employment Law Questions & Answers

1 Answer | Asked in Employment Law and Securities Law for Pennsylvania on

Q: CPR certification.

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.

Bruce Alexander Minnick answered on Aug 15, 2019

This is not a securities law question.

1 Answer | Asked in Employment Law for Pennsylvania on

Q: I have been out of work do to a work related injury for over a month. I have a Union Job and have a scheduled vacation?

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?

Peter N. Munsing answered on Jul 29, 2019

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.

1 Answer | Asked in Employment Law for Pennsylvania on

Q: Lifeguard recertification training - do I have to pay for it?

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 »

Peter N. Munsing answered on Apr 19, 2019

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 »

1 Answer | Asked in Employment Law for Pennsylvania on

Q: I am currently a 40 hour full time employee working in physical therapy for the same company for 2.5 years. Our practice

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 »

Peter N. Munsing answered on Apr 19, 2019

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).

1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for Pennsylvania on

Q: Can she do that? What can I do ? Do I have to pay the bill? I don’t believe I should since I didn’t sign a contract.

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 »

Bruce Alexander Minnick answered on Apr 1, 2019

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 »

1 Answer | Asked in Employment Law for Pennsylvania on

Q: My wife's Pennsylvania employer just sold the company (private corporation). The new owners are firing everyone.

The new owners are giving 2 weeks notice but not paying for earned or accrued vacation. Is this legal?

Peter N. Munsing answered on Mar 18, 2019

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.

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on

Q: Will filing gender discrimination with EEOC help or damage potential lawsuit?

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.

Cary B. Hall answered on Feb 16, 2019

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.

1 Answer | Asked in Employment Law for Pennsylvania on

Q: Can an organization release a current employee because they want to hire the previous one instead?

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?

Cary B. Hall answered on Jan 16, 2019

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 »

2 Answers | Asked in Employment Law, Workers' Compensation and Insurance Bad Faith for Pennsylvania on

Q: What happens if your Employer doesn't report your work-related injury to the State Worker's Comp Board?

There was 2 separate work-related injuries and none was reported to the State Worker's Comp Board

Alexander Palutis answered on Jan 9, 2019

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 »

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1 Answer | Asked in Employment Law for Pennsylvania on

Q: In PA, can the business owner make my bonus and profit sharing part of my salary in lieu of a raise? But not for others?

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 »

Peter N. Munsing answered on Dec 14, 2018

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 »

1 Answer | Asked in Employment Law for Pennsylvania on

Q: If there is a written policy stating any unused vacation days will be paid at the end of the year can they pay in April?

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 »

Jill L. Walsh answered on Dec 13, 2018

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 »

1 Answer | Asked in Consumer Law and Employment Law for Pennsylvania on

Q: 73 yr old male live in PA 40 years in New Jersey. Boss asked me to retire year end. Can I collect unemployment benefits

Lives in pa. Works in nj past 40 years

Peter N. Munsing answered on Oct 28, 2018

You can try--a lot depends on the terms you are leaving under.

1 Answer | Asked in Employment Law for Pennsylvania on

Q: returning from fmla/short term disability/long term disability

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?

Peter N. Munsing answered on Oct 28, 2018

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?

1 Answer | Asked in Employment Law for Pennsylvania on

Q: In Pennsylvania how long does a company have to complete a background check? This would be after I had already started?

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?

Cary B. Hall answered on Oct 15, 2018

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 »

1 Answer | Asked in Appeals / Appellate Law, Employment Discrimination and Employment Law for Pennsylvania on

Q: im trying to appeal my unemployment benefits

Peter N. Munsing answered on Oct 11, 2018

You haven't said why or what grounds. First get the appeal in before the deadline--you can always add to it.

If you can't afford an attorney, contact North Penn Legal Services. https://www.northpennlegal.org/

1 Answer | Asked in Employment Law for Pennsylvania on

Q: Employee handbooks

The company handbook allowed a person 50 vacation days to be paid to an employee upon separation from the company. Separation is not defined, so either resignation or termination would make the employee eligible to receive payment for those accrued days. The issue is that after the employee accrued... Read more »

Peter N. Munsing answered on Sep 11, 2018

You have an argument that you had accrued a vested amount Consult an attorney who handles employment issues and is a member of the Pa. Assn for Justice. They give free consults.

2 Answers | Asked in Employment Law for Pennsylvania on

Q: Is there anything such as a carnival act of nj that keeps us from getting overtime pay

Cary B. Hall answered on Sep 11, 2018

You should post your question in the New Jersey section of this forum, not Pennsylvania.

Best of luck to you.

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1 Answer | Asked in Employment Law for Pennsylvania on

Q: My employer doesn't pay me time and a half when I go over 40 hours. Is that legal?

Andrew S. Abramson answered on Aug 31, 2018

Federal and state laws require that when an employee works in excess of 40 hours per week, the employee must be paid 1.5 times the regular rate of pay for each hour over 40, unless your job duties fall into certain legally recognized exemptions from overtime laws. Thus, the answer to your question... Read more »

1 Answer | Asked in Business Law and Employment Law for Pennsylvania on

Q: Can I file for PA unemployment if my employer has closed temporary due to the business being flooded from rainstorms?

Cary B. Hall answered on Aug 20, 2018

Yes, you should be able to. And, at worst, the Department of Labor & Industry can deny your claim and then tell you why (and then you can appeal, and often ultimately win). But you'll get nothing if you don't try, so *try* and try ASAP.

Best of luck to you.

1 Answer | Asked in Employment Law for Pennsylvania on

Q: Pennsylvania - My (now former) employer has not been providing me with paystubs and has been shorting paychecks

Since December 2017 I have only received 1 paystub (paid weekly every Friday) and I feel my paychecks have been consistently short. I have asked for them in person multiple times and by text message once for records purposes.

I was physically hit by boss when I mentioned having to contact... Read more »

Peter N. Munsing answered on Aug 1, 2018

Talk to the wage hour division of the department of labor. You can file a police report.

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