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Pennsylvania Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Pennsylvania on
Q: Am I legally required to obtain liability insurance in PA as an independent contractor?
Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

Depends on the type of liability insurance. If you mean general liability, no, unless your contract with the person hiring you requires it.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can I win a appeal against unemployment?

I got denied for unemployment and im not sure if i should file an appeal or if im just going to waste my time in doing so.

Peter N. Munsing
Peter N. Munsing answered on Jun 4, 2021

Well, to be blunt, if you are not employed you don't have much to lose except your time, and you have free time. Without knowing the case it's hard to say but it's certainly worth a shot. If you are not working check with legal aid if someone will give you a free consult.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Work F/T in PA and on FMLA/STD for mental health. Doc says to go P/T status. If current job can’t be PT, is it a layoff?

After 12 week FMLA/STD for documented behavioral health issues, doctor recommends working P/T permanently. If my F/T position can’t be adapted for P/T hours, would my employer have to “lay me off?” If so, could I file for unemployment?

Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

You have an argument to make that you couldn't work for necessitous and compelling reasons. I would suggest contacting OVR for job help.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I used to work with a company that pays and considers 50h as full time in Philadelphia pa

The company pays $138 a day plus over time hrs. The clocking system were always broken as the manager said. We used to put the time in and out on the paper. I never get my exact working hours.

Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

You should have received a paycheck which would say the hours, unless you were a contractor. If you get a W-2 at the end of the year you are an employee and your pay stubs should have all the information. If you get a 1099, you are an independent contractor. As such you need to keep track of your... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Elder Law for Pennsylvania on
Q: This is extremely complicated and Covid related. At beginning of pandemic all persons over 60 laid off for months

Upon returning - we were required to disinfect all areas between patients with new disinfectants, masks and shields. By afternoon this had me vomiting violently. Sent home on many occasions suspected of infection. Occupational Medicine would not see me. I was consistently approved for time off... Read more »

Timothy Belt
Timothy Belt answered on May 11, 2021

That is indeed a complicated set of facts. It sounds like your doctor has indicated your condition is related to a work related chemical exposure. As such, this may be considered a work injury. If you have not already provided notice to your employer of a work injury, you have 120 days from the... Read more »

2 Answers | Asked in Employment Law, Workers' Compensation, Civil Rights and Sexual Harassment for Pennsylvania on
Q: Verbal and sexual harassment at a union job. Terminated after filing sexual harassment complaint.

Here are a few bullet points of what occurred:

1. Verbal & Sexual Harassment

2. Unpaid hours every week due to archaic system; and I can’t prove it since I was told to report hours worked to management, who didn’t consistently report my time to payroll.

3. Vehicle... Read more »

Timothy Belt
Timothy Belt answered on May 6, 2021

In regard to bullet point 4 only, assuming you reported the injury within 120 days, and a period of less than 3 years has past since the date of injury, you may still have a claim for workers' compensation benefits which may provide payment of medical as well as wage loss benefits despite your... Read more »

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1 Answer | Asked in Employment Law and Libel & Slander for Pennsylvania on
Q: My boss is harassing me. I am a union member, she isn’t, my workplace hasn’t held her accountable. What can I do?

My boss has been harassing me about personal things that have nothing to do with work. She confronts and attacks me on the job about personal things, she also texts me off the clock about those things. I’m union and she isn’t, and I’ve complained before but she never seems to be held... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 28, 2021

Unless she is harassing you because of your status in a protected class (i.e., race, ethnicity, disability, etc.) or the harassment is sexual in nature, there is likely no legal recourse. If that is the case, it sounds like your best option may be to move departments.

1 Answer | Asked in Employment Law, Workers' Compensation and Medical Malpractice for Pennsylvania on
Q: Workmen comp case hurt at work ,have 4 bulging disc

Making me clock out for therapy. I live in Pennsylvania but work in New Jersey. On light duty but not really light duty. On a hour restriction but still seem to be working over 8 hours a day

Timothy Belt
Timothy Belt answered on Apr 22, 2021

For a Pennsylvania workers' compensation claim, your employer can require you to obtain treatment outside of working hours, if treatment is available outside of working hours. If treatment can only be received within working hours, you may be required to punch out, but you may have a claim for... Read more »

2 Answers | Asked in Employment Law, Workers' Compensation and Medical Malpractice for Pennsylvania on
Q: Workmen comp case hurt at work ,have 4 bulging disc

Making me clock out for therapy. I live in Pennsylvania but work in New Jersey. On light duty but not really light duty. On a hour restriction but still seem to be working over 8 hours a day

Timothy Belt
Timothy Belt answered on Apr 18, 2021

For a Pennsylvania workers' compensation claim, your employer can require you to obtain treatment outside of working hours, if treatment is available outside of working hours. If treatment can only be received within working hours, you may be required to punch out, but you may have a claim... Read more »

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1 Answer | Asked in Employment Law for Pennsylvania on
Q: 40 hours each week at my job and then they told me I was only part time after almost a year. I received no benefits.

So my question is is that even legal? I missed out on extra holiday pay , after a year in my company you get 1 week paid vacation which I couldn’t get. I worked months straight with 40 hours a week and no one thought it was a problem that I was part time in the system. I just now started working... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Apr 14, 2021

While your situation sounds unfair, there is no federal law that requires employers to offer their employees any benefits like paid time off. As long as you actually received pay for every hour you worked throughout your employment (and overtime for any hours worked over 40 in a week), then your... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can you be terminated in a dental practice for refusing to take the covid 19 vaccination if you continue to wear PPE?

I'm wearing all my PPE, correctly, every single time and following all CDC and DOH guidelines, can my employer force me to get this rushed experimental vaccination? It's not even technically FDA approved. My body my choice should be a protected right of mine? And can they violate my HIPPA... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 1, 2021

A Pennsylvania attorney could advise best, but your post remains open for three weeks. You could reach out to employment attorneys, or repost under the Employment Law category. There's no guarantee all posts are picked up, but attorneys in that area of law would probably have the most insight... Read more »

2 Answers | Asked in Employment Law for Pennsylvania on
Q: Can my employer count my vacation eligibility time from post-pandemic-layoff rehire date rather than original hire date?

I began work Nov. 2019, and was "terminated" in March 2020 due to pandemic-related business downturn. I was rehired in June 2020, although I was not required to take a drug test again or submit my driving record again. I would have been eligible for paid vacation Nov. 2020, but now they... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

Well, if they give you a raise it looks like they are not having it both ways. Your vacation time is usually based on time accrued and does not count time off for personal days, family leave---or when you are laid off.

Year to date money means just that. If you were paid x dollars then...
Read more »

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1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can application for employment in US be speeded up? I applied in November 2020. Have L2-B visa.

Hi! I applied for employment authorization in US in November 2020. From USCIS I got an update that they recieved my application on November 20th 2020. I was wandering can I somehow speed up further process?

I have L2-B visa and I'm currently in US.

Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

I don't wish to be snide, but you perhaps have not been reading the newspapers. Only recently was Mr. Biden able to say "yes we will have green cards" --and then the Republicans went to court to try to stop that. As a migrant you should be aware of how bureaucracies run. Whether you... Read more »

2 Answers | Asked in Employment Law for Pennsylvania on
Q: Was I wrongfully terminated?

I was fired a few months ago for making a post on Facebook complaining about my salary. Specifically, I included a pic from a hiring sign at my local Target and said that "after 2 college degrees and 3 years at my company" I was making the same hourly rate as a brand new employee at... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Feb 17, 2021

Since Pennsylvania is an at-will employment state, you or your employer can terminate the employment relationship for any reason or no reason at all, as long as the reason is not discriminatory (i.e. based on your race, sex, religion, disability, or age if you're over 40). While your situation... Read more »

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1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can a company eliminate positions due to Covid-19 & then hire new candidates to fill vacancies?

My position was eliminated due to covid-19. The same company has a new position posted on their careers page that is comparable to one I previously held. Are they required to offer this position to me or anyone else recently laid off?

Rhiannon Herbert
Rhiannon Herbert answered on Feb 10, 2021

No. However, you should contact a Pennsylvania attorney if you believe your position was eliminated and you were chosen for layoff due to a discriminatory reason (because of your race, sex, religion, disability, or age).

2 Answers | Asked in Employment Law for Pennsylvania on
Q: What is the exact definition of "Attempt to exercise FMLA rights" under the FMLA prohibitions?

What are some examples of the below meaning of "attempt"? Does this mean such if an employee who already has intermittent FMLA and makes a claim or an attempted claim to attempt to exercise FMLA? If so can an employer terminate an employee for attempting to use even if FMLA was not... Read more »

Andrew S. Abramson
Andrew S. Abramson answered on Feb 7, 2021

The definition of exercising a potential right to FMLA leave can be very broad, bottom line, is that if there is a good faith effort to ask for leave that could be protected as family medical leave, and action is taken against an employee due to that leave request, it may be considered retaliation.... Read more »

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1 Answer | Asked in Employment Law for Pennsylvania on
Q: I called an hour before my shift started to say that I couldn't make it and they are treating it as a no call no show.

Is this allowed even if I called them an hour in advance?

Andrew Lacy Jr.
Andrew Lacy Jr. answered on Feb 2, 2021

Yes, they can treat it as a no call, no show. Technically, employers have broad disrection with respect to their employment practices. Employment is at-will, and they can fire you for any non-illegal reason.

Where an employer would start to get in trouble would be a situation where it did...
Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I'm in PA where wire tapping laws are 2 party consent. Can an employer use software/technology to record me?

Let's say they use a software program that has a dictate function. Is that legal?

Andrew Lacy Jr.
Andrew Lacy Jr. answered on Feb 1, 2021

This is not legal advice, just general information. But you are right, that PA is a two-party consent state making any unconsented recording illegal. This question, however, is whether you consented. In many employment contracts/handbooks, there is fine language giving an employer your consent... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I am being asked to do training and I am not sure if I need to be paid or not.

This is for a virtual medical scribe position. I am working from home in Philadelphia. The company is based in Texas. I completed pre-employment training that was unpaid. I signed a contract to start January 11. In an email, I was told the start date would be pushed back to an unknown date because... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jan 26, 2021

It sounds like this is post hire training, which should be compensated. Perhaps your pre-hire training should also be compensated. Consult a local employee rights attorney. The reality is if you suddenly become an excessively expensive employee, you will be cut. You need to weigh the benefit of... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can I get fired from a hospital after a background check comes back with a completed sis for a misdemeanor child endang?

I completed sis and a parenting class for it. It was a domestic violence situation and I didn’t have a seat for the child when we were pulled over. I was not aware it would show since i have had no issues at a previous hospital in another state. I just received a letter from the state saying... Read more »

J. Heath Dillon
J. Heath Dillon answered on Dec 29, 2020

Yes, it means that you will likely be terminated because you are unable to meet a condition of employment - namely a successful background check. Just because you were employed elsewhere after your citation and conviction for this misdemeanor doesn't protect you from a new employer's... Read more »

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