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Pennsylvania Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Pennsylvania on
Q: Employer violating handbook policy on vacation, sick and personal time .

Employer is not honoring hand book policy on leave time give. In the handbook it is stated in terms of days . Our facility is running permanent 10 and 12 hr schedule but vacation is accured based on 8 hour usage therefore does not equal the hours needed to cover stated days given. For instance 5... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on May 24, 2022

Unfortunately, there is no law that requires paid time off, so employers have a lot of discretion to make the rules regarding when (and how much) they offer. However, this may be worth bringing a complaint to the attention of your HR department and explaining the discrepancy if you have not already... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Is it legal for an employer to approve both a raise and bonus only for employees who did not vote to form a union?

Union vote for a segment of employees was counted 4/8. Since then a 4% raise was approved for everyone but the segment of employees who took part in the union vote and a 2.5% bonus was announced today again for everyone but those who will have union representation. Is this legal?

Casey Green
PREMIUM
Casey Green
answered on May 5, 2022

I'd like to hear more about this, but based on your representation, it appears to be unlawful discrimination under the National Labor Relations Act. For example, Section 8(a)(3) of the Act makes it an unfair labor practice for an

employer to discriminate against employees “in regard...
Read more »

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2 Answers | Asked in Employment Law, Sexual Harassment and Civil Rights for Pennsylvania on
Q: I was fired yesterday after filing a second complaint about the same customer sexual assaulting me in the restaurant.

The restaurant has no handbook or ethics. Not even a system to file complaints. The customer is an investor and has ties with the hemp distributor ( it was a brewery). The first time in mid October the customer caressed me and I became deeply uncomfortable. As soon as I could get away I went to my... Read more »

Andrew S. Abramson
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Andrew S. Abramson
answered on Jan 29, 2022

The facts you present could present a retaliation claim but more information is needed to thoroughly evaluate. Please contact our law firm so that we can obtain more details.

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1 Answer | Asked in Employment Law for Pennsylvania on
Q: Hello, I was a part of a team working for a Temp Agency. We had contracts with CVS health till March 31st.

On January 18th we were notified that we were being let go from our position that day with no notice at all. Our Temp Agency was not aware of this till the day they ended our contract. Was that legal? If not how do we set up a class action against them?

Casey Green
PREMIUM
Casey Green
answered on Jan 25, 2022

I'd like to know more information because the answer likely depends on whether you had a contractual relationship with CVS or just the temp agency. The at-will doctrine applies in Pennsylvania and essentially allows an employer to terminate an employee for any reason or no reason. There are... Read more »

1 Answer | Asked in Employment Law and Identity Theft for Pennsylvania on
Q: Is it legal for my local council members to be able to monitor everything I search/do on my computer as an employee?

I work in Monessen, PA

Peter N. Munsing
Peter N. Munsing
answered on Jan 13, 2022

If it's the employer's computer they have a right of access. If you use it for personal things that is your risk. They can take the computer tomorrow, it's theirs. They can access the information any way they wish. It's theirs.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: This is an employment question in Pennsylavania. Can an employer legally review you for a job you didnt know you had

I have worked for my employer for 2 years. I finally received a review, up to this point I thought I was doing a good a job, never reprimanded or told otherwise. During the review my supervisor said they know it's a harsh review because they never explained by job and my job expectations. I... Read more »

Joseph Korsak
Joseph Korsak
answered on Dec 21, 2021

They can be as sloppy as they can, but there is no illegality. Unless you have a written contract of employment, you serve at will. You have no property right nor contract right in your job.

Q: EEOC Notice to Sue Letter ends November 27th

Workers compensation, work-related injury, fired because I reported sexual harassment while on the job. Received EEOC Notice to Sue letter scheduled to end November 27th. I need representation.

Timothy Belt
Timothy Belt
answered on Nov 10, 2021

Use the "Find a Lawyer" function at the top of this page to locate attorney's in your area.

2 Answers | Asked in Employment Law, Personal Injury, Sexual Harassment and Workers' Compensation for Pennsylvania on
Q: Hired seasonally, then hired permanently to be fired for reporting sexual harassment, and sustained a work injury.

My seasonal role turned permanent, then I was fired weeks after reporting a sexual & verbal harassment incident; I was demoted and reported to another department and had no idea until another employee mentioned it. My vehicle was vandalized on the companies property, my timecard was deactivated... Read more »

Timothy Belt
Timothy Belt
answered on Nov 10, 2021

I am not sure what your question is, but clearly you have several issues. I would strongly suggest that you contact an employment law attorney in your area as soon as possible to explore whether or not you wish to move forward with the EEOC complaint. Furthermore, if you still have issues with... Read more »

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1 Answer | Asked in Employment Law and Public Benefits for Pennsylvania on
Q: I wasn’t able to legally work for the last 5 years and I am a us citizen. Am I owed money by the government?

Hi, my name is Anonymous and I wasn’t able to go to college, nor was I able to get a job due to the fact that I didn’t have a social security number. My father used fear to scare my mom into not giving me my birth certificate (keeping me out of the system or far away from hospitals). He passed... Read more »

Joseph Korsak
Joseph Korsak
answered on Oct 19, 2021

You are leaving out important facts. What was the legal bar to your employment all that time? You could have picked up a SS number on line if you needed one. What opportunities did you miss? Were you a government employee?

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I recently was separated from a job where I was subjected to verbal abuse by a trainer. Should I contact human resources
Joseph Korsak
Joseph Korsak
answered on Oct 19, 2021

What's the point in reporting late ? Your complaint should have been filed before separation, not after, especially if you thought this abusive employee was complicit in someway with your separation.

1 Answer | Asked in Employment Law and Identity Theft for Pennsylvania on
Q: I was terminated for Unemployment fraud after I was a victim of identity theft I never received benefits in Pa.

I never filed for the benefits nor did I receive I was termed for this reason even though the address is not mine nor did i receive monetary from these benefits .

Joseph Korsak
Joseph Korsak
answered on Oct 14, 2021

You need to notify your nearest UC office an provide whatever documentary proof you have, Remember that you will receive a 1099 for this income.

My number is 717-880-3759 Joseph C. Korsak

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Can my work lay me off due to covid shutdown then refuse to give me my job back but instead demoted me and tell me I

have to reapply for my current position?

Peter N. Munsing
Peter N. Munsing
answered on Oct 14, 2021

Why they have labor unions.

They would have to continue your unemployment benefits. As to your rights, suggest you contact a member of the Pennsylvania Association for Justice who handles employment issues. They give free consults.

1 Answer | Asked in Criminal Law, Employment Law and Education Law for Pennsylvania on
Q: My college mandated us to get the covid-19 vaccine. We complied. Now they are utilizing wristbands to label vaccinated

Is this legal? They are using a private security company to enforce.

Maurice Mandel II
Maurice Mandel II
answered on Sep 22, 2021

So far, it is not illegal. The law about Covid vaccination is in a process of constant changes due to the differing opinions of diverse groups. One day you are prohibited from appearing in public on a mask that conceals your identity and the next day you are required to wear one. Personally, I... Read more »

1 Answer | Asked in Employment Law and Elder Law for Pennsylvania on
Q: My job is a caregiver

I recently switched company's and my client I had with my old company changed to the current company I'm with now before I started there the client in question wants me to still be their caregiver and I would too but we both signed a paper in short that can't happen until a year has... Read more »

Carrie Dyer
Carrie Dyer
answered on Aug 25, 2021

It sounds like you have a non-compete and/or non-solicitation agreement with your former employer. If the agreement is enforceable, and you violate the terms, your former employer can sue you and your new employer. You should have your contract containing the non-compete/non-solicitation... Read more »

2 Answers | Asked in Employment Law for Pennsylvania on
Q: If I’m put on unpaid suspension, can my boss make me work my next scheduled shift, then start my suspension?

I am an hourly employee in the state of Pennsylvania. I was told I was suspended on a Wednesday or Thursday, and that I needed to work my Saturday shift, then my suspension starts Sunday.

Eva Zelson
Eva Zelson
answered on Jul 22, 2021

While it seems unusual to work another shift after the decision has been made to suspend an employee, it doesn’t seem unreasonable. If possible, check with your human resources department to see what the policies are for suspensions (does the suspension period start on the day the decision is... Read more »

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1 Answer | Asked in Employment Law and Banking for Pennsylvania on
Q: If I was locked up but wasn’t found guilty can I still get a job
Peter N. Munsing
Peter N. Munsing
answered on Jul 2, 2021

If you mean does it show up as a conviction it should not. It depends on the job--if it involves a security clearance, some can be denied even if you were not convicted.

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 »

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