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Pennsylvania Employment Law Questions & Answers
1 Answer | Asked in Criminal Law and Employment Law for Pennsylvania on
Q: Is it legal for an employer to fire you right after an accident without first filing a police report,

Backed into at work and was physically pinched between the back of a truck and a cement dock and employer refused to call police, wanted employee to fill out an incident report before medical treatment was even mentioned which the employee refused to sign, and then called the employee after hours... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 1, 2020

More details are needed to analyze your situation. Were you injured in the accident? Did you and your employer discuss filing a workers' compensation claim before you were terminated? It is unlawful for your employer to terminate your employment because you pursued a workers'... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can Walmart not pay me, worked there a few days, based on the details in the more information section of this question?

Hello all, this is probably a super specific and odd problem, but I figured I’d ask here and see where I get. I worked at Walmart for a few days, but got a call from an internship opportunity which I definitely had to take. My problem is that the person at Walmart I needed to verify my two forms... Read more »

Raul Jauregui
Raul Jauregui answered on Jun 11, 2020

It seems to me that Pennsylvania law is clear that anytime you work, particularly for a large employer like Walmart, you are entitled to some pay for that work. This assumes you were not volunteering there or at an unpaid internship. I would suggest making sure that Walmart actually has a record... Read more »

1 Answer | Asked in Employment Law and Health Care Law for Pennsylvania on
Q: I was promised a salary and override on business that I brought to a laboratory in Pennsylvania.800k later, zero to me

This is a very common scenario in the laboratory business and I am referring to a compliant EKRa compensation plan that was promised

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

Sounds like you have a breach of employment contract action. Contact an attorney who handles both.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Resignation letter revocation process

I work as a hospital pharmacist. Recently, on a Friday, I first saw several areas of concern on my back. My thoughts immediately went to my mother and aunt who died of melanoma. Was very upset. At work that evening left a brief resignation letter that my health comes first under the bosses door.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

you need to get a copy of the hospital's personnel handbook if they have one, also look at any agreements that you signed. You then need to contact an attorney who focuses their practice on employment law. You should drop off a letter to HR confirming your cancellation of your resignation. And... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: If I’m asked to break the rules by a superior and questioned whether or not I’m a team player, what can I do?

My boss is a district manager and his son is my superior, both have asked me to break rules, and I have, and corporate had specifically sent us rules to fallow. Because I don’t want to go over the head of 2 of my superiors and anger the people I have to work with daily, I quit to avoid the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

you file with the unemployment office. You explain you left because you were asked to break company policies. That should constitute a "necessitous and compelling reason." you may be eligible for a visit with an attorney with your local legal aid/legal services office.

1 Answer | Asked in Employment Law and Construction Law for Pennsylvania on
Q: Was higher for a job if never done before and was to be trained how to do the job!! decided not to train me and let me g

I'm a welder and never did the welding the company does, but they where going to train me how to do the job but, decided not to train me and let me go since I can't do the job!!

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

You have a right to unemployment compensation. Unless the decision not to keep you was made for grounds that are forbidden--race, gender, religion--they aren't required to keep you. "changed our minds" is OK--but you get unemployment insurance.

1 Answer | Asked in Criminal Law and Employment Law for Pennsylvania on
Q: What can I do if I get fired for a situation where another employee approached me with a weapon and threatened me harm?

The man came at me with an object threatening to kill me, I made more than a few attempts to back up but each time he stepped into me. I refused to turn and walk away for fear he would strike me with the object. We were both sent home with pay for the day but I now fear I may be fired. I tried to... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 23, 2020

You can receive unemployment compensation and if they say you were guilty of "willful misconduct," it wasn't misconduct and it wasn't willful.

You may have other claims but a lot depends on what happens and what the reasons are. For now, take it one step at a time. When...
Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: because of the pandemic and my employers restaurant closing, I am on unemployment now for 5 weeks.

I was notified by that employer that I had to stop claiming unemployment and that he would be paying me. I can’t afford the massive pay cut this will give me, can I decline?

Peter N. Munsing
Peter N. Munsing answered on Apr 23, 2020

Normally the answer would be no, because a condition of unemployment is that your job is terminated. However the new law provided for some additional protections, so I'd suggest you ask unemployment if they have any new rules on this.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: can my job write me up for refusing to drive another employee around in my personal car during Covid 19?

I work for a newspaper company as warehouse employee when routes are down from no carrier we are asked to deliver. Our manager now are trying to write us up for refusing to drive around our carrier (contractors) on their routes during Covid 19. Using our personal vehicles. Are they allow to write... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 23, 2020

They shouldn't but you will want to contact the human relations commission and ask them about such things. At a minimum they should provide the "passengers" with masks and gloves which they should wear on entering the car and being in it.

Instead the company should pay for...
Read more »

1 Answer | Asked in Employment Law and Sexual Harassment for Pennsylvania on
Q: Hello, I was hired to do work for someone. He has not yet paid and I received a letter saying he is suing me

I have emails and text messages

Peter N. Munsing
Peter N. Munsing answered on Apr 17, 2020

You need to bill him for the work. Anyone can say anything. If you disagree I would simply respond "I disagree with your statements. Please pay the amount agreed on."

Keep a copy of all correspondence. If by email, download and print each item.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: My salary was cut 35% due to COVID 19. Do other agreements between my employer and I still stand?

Such as a promissory note tied to a relocation bonus. Does this work any differently if I'm furloughed?

Peter N. Munsing
Peter N. Munsing answered on Apr 17, 2020

A lot depends on what is going on--a cut while you still work is different from a cut and you are furloughed. As to the note you need to look at the language of the agreement, any letters that discussed the terms etc.

The interesting question is if you are furloughed but on 1/3 pay can you...
Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Pennsylvania on
Q: If I feel unsafe working in these conditions although I’m an essential worker, am I eligible for unemployment?
Peter N. Munsing
Peter N. Munsing answered on Apr 17, 2020

You would have an argument to make that you have a "necessitous and compelling reason." Much would depend on what "these conditions" are--are you near customers? Do you have a good facemask ? Do you have gloves? Do customers have hand sanitizer or gloves they are given? If you... Read more »

2 Answers | Asked in Employment Law for Pennsylvania on
Q: I am working full time in an essential job, a salaried employee, and my employer is implementing a 10 percent pay cut

Is that legal if I don’t agree to it?

Kyle Anderson
Kyle Anderson answered on Apr 15, 2020

Yes, an employer can cut your salary without you agreeing to it. However, the employer is required to pay you a minimum salary of $684 per week. This law went into effect January 1, 2020. If the salary cut put you below this level, I would recommend reaching out to an employment law attorney in... Read more »

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1 Answer | Asked in Employment Law for Pennsylvania on
Q: I have to be off work due to no child care or school have work for employer with 500 plus employees

My company is not under 500 employees what are my rights to be able to take off during covid 19 with no child care or school. My children need me home during the day and I can t afford to lose my job in long term. Money not a issue cuz I can get unemployment I just need to with kids till I can get... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Apr 15, 2020

Since your employer employs more than 500 employees, you are unfortunately not eligible for aid through the Families First Coronavirus Response Act that was recently passed. However, if you've been employed full-time with your company for at least a year, you may be eligible to take an unpaid... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Is my employees allowed to not pay me for vacation/PTO days earned, if they laid me off?

I was laid off due to covid- 19 and my employer wants to not pay me for PTO time earned

Rhiannon Herbert
Rhiannon Herbert answered on Apr 8, 2020

If your employer has an employee handbook, then you should consult the handbook to see if there are any provisions that govern whether you are entitled to your accrued but unused PTO at the time of termination.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: my wife and I worked at a temp agency but haven't worked since this virus started because no work. can we get UC now?

now that the bill got passed?

Peter N. Munsing
Peter N. Munsing answered on Mar 30, 2020

Go file. No 5 day waiting. (however you may be able to get work with a grocery or drug store if you want to woerk).

1 Answer | Asked in Employment Law and Health Care Law for Pennsylvania on
Q: My brother in law's company is asking for my medical records. Is this a HIPAA violation?

I do not work for the company and I was in quarantine for COVID-19 with a negative result. They won't allow him to return to work without documents of my negative results.

Peter N. Munsing
Peter N. Munsing answered on Mar 30, 2020

If he gets a negative test that should end it. They can't make him produce your records--that's silly. But assuming he wants his job......

Not sure why they'd want yours anyway. But they can't tell someone they can't work based on a third person's status.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: A couple from my 2and job while having been off for over a week because of the worldwide pandemic. have been fired.

No notice was give. what are their rights as to have done nothing to deserve to be fired?

Peter N. Munsing
Peter N. Munsing answered on Mar 30, 2020

They can get unemployement with no 5 day waiting. Hard to say if they have other rights as it's not clear why they were "off"---the fact that there is a pandemic doesn't get them off work if the workplace is legally open. But they should contact unemployment.

2 Answers | Asked in Employment Law, Social Security, Workers' Compensation and Health Care Law for Pennsylvania on
Q: If you come down with Prostate cancer can you get disability

need a lawyer from Pennsylvania pittsburgh area

Scott F Bocchio
Scott F Bocchio answered on Mar 27, 2020

Hi, it is possible. Much of the case depends on the actual prognosis and treatment plan going forward.

Scott Bocchio, Esq.

855-254-7841

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1 Answer | Asked in Employment Law for Pennsylvania on
Q: I am a commission only sales person in PA. Can my employer mandate the hours I work?

I do not receive compensation for gas and I must use my personal cell to update company every night on my activity. They have mandated that I work two evening per week and Saturdays.

Carrie Dyer
Carrie Dyer answered on Mar 18, 2020

Your employer can require you to work any hours - including evenings and weekends. You should consult an employment attorney to ensure you are being properly compensated for all of those hours. If you are properly classified as an exempt outside sales employee, then your employer is not required... Read more »

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