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Pennsylvania Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Civil Litigation and Civil Rights for Pennsylvania on
Q: Do I have to provide opposing counsel with documents that have nothing to do with the pending case.

My case is for equal pay and retaliation and now after providing excessive amounts of documents, opposing counsel is requesting access to all of my medical records. There is nothing medical related to the case therefore do I have to see sign the HIPPA release?

Timothy Kraeer
Timothy Kraeer answered on Nov 11, 2020

Typically, you do not need to provide medical records if your medical condition is not part of your claim. Realistically, an attorney would need to know more about your case to determine if there is any reason to obtain your medical records. If you do not provide a signed HIPAA authorization, they... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: I had a low blood pressure episode at work which resulted in an accident. No one was hurt. Slight damage to a truck. Wen

Went to ER Dr. Said it was a meditation issue and fixed it. Later the next day my foreman calked and fired me. Is this legal

Kyle Anderson
Kyle Anderson answered on Nov 11, 2020

More facts are needed here. Do you have an underlying medical condition that caused the accident? If so, it may qualify as a disability under the Americans with Disabilities Act ("ADA"). Employers are prohibited from discriminating against employees on the basis of a disability. I would... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can I do anything?

I was given the bakers position at work. Without formal training. I had asked my department manager and the store manager for the training. I was told I'd get it. Instead, after months and putting in extra hours,someone else was hired, without my knowledge,and I was kicked back to my job I... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Nov 10, 2020

While your situation sounds unfair, there is nothing unlawful about your employer's actions, at least from a wage standpoint. If, however, you think you were passed over for the position based on a discriminatory reason (i.e. because of your race, sex, disability, religion, or age if... Read more »

1 Answer | Asked in Employment Law, Appeals / Appellate Law and Employment Discrimination for Pennsylvania on
Q: Is Terroristic threat considered a crime

A violent crime

Charles William Michaels
Charles William Michaels answered on Oct 23, 2020

It could be, depending on the circumstances.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: If an attorney helps a client get additonal VA benefits and gets a% of the additonal benefits what is that called?
Kyle Anderson
Kyle Anderson answered on Aug 27, 2020

These arrangements are usually known as contingency fees.

1 Answer | Asked in Employment Law, Personal Injury, Business Law and Civil Litigation for Pennsylvania on
Q: Where do I go when the Pa. Dept. of labor & Industry won't investigate unlawful business practices that they themselves

Have on their website? I also have been dealing with retaliation from this former employer that directly caused further damage to my heart due to loss of income and medical expenses nearly $250,000 from fraudulent accusations that have been proven false by Pa. Unemployment.

Tim Akpinar
Tim Akpinar answered on Aug 22, 2020

At this point, with no response for five weeks, you could reach out to attorneys. Discussing the matter in confidence with an experienced employment attorney could be preferable to a public forum as well. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Employment Law, Banking and Business Law for Pennsylvania on
Q: Which box to check on the “Pennsylvania Department of State bureau of corporations and charitable organizations” form?

For amendment, withdrawal, cancellation boxes

Nellie T Schulz
Nellie T Schulz answered on Aug 2, 2020

There are dozens of forms on that website and each one has detailed instructions. Without knowing what form you are referring to or what the purpose is of the form, it’s not possible to say which box should be checked.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I had a conversation with my boss that he recorded without my knowledge. Can he legally do that?

He never asked my permission just told me that the conversation had been recorded then pulled out his phone and made a show of speaking into it and saying that this concludes this conversation at this time/place. At no time did I agree to this

Raul Jauregui
Raul Jauregui answered on Jul 16, 2020

What an interesting, and dangerous, situation. I am a Pennsylvania lawyer so nothing that I say here, beyond get an employment lawyer now, is legal advice. That said, Pennsylvania is the kind of state where both people need to agree to recordings. Here's the statute and you can read all... Read more »

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 »

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