Pennsylvania Employment Discrimination Questions & Answers

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

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Answered on Feb 16, 2019
Cary B. Hall's answer
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.

Q: My previous employer& fiancés boss at time of inquiry asked for nude/nearly nude photos in exchange for compensation

1 Answer | Asked in Employment Discrimination and Sexual Harassment for Pennsylvania on
Answered on Oct 28, 2018
Peter N. Munsing's answer
Clearly a violation of many statutes not the least of which are Dept of Labor Wage & Hour and Work Condition Statutes.

Talk to an attorney who handles employment questions. If you need names give me a call.

Q: im trying to appeal my unemployment benefits

1 Answer | Asked in Appeals / Appellate Law, Employment Discrimination and Employment Law for Pennsylvania on
Answered on Oct 11, 2018
Peter N. Munsing's answer
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/

Q: I was fired for a no call-no show, but I have the phone log made to my employer. Do I have a case?

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Answered on Jul 24, 2018
Peter N. Munsing's answer
You don't have a right to employment, and as you weren't an employee of the company that got you through the agency I don't see an ADEA claim. However you should fight for unemployment as it wasn't due to "willful misconduct."

Q: i need help doing a sexual harassment lawsuit and have no clue where to begin i reported it to work a million times

1 Answer | Asked in Employment Discrimination and Sexual Harassment for Pennsylvania on
Answered on Jul 1, 2018
Andrew S. Abramson's answer
It is important to review all facts pertaining to your situation with an experienced employment law attorney. Feel free to contact our office to Evan,hate your entire situation.

Q: Can an employer run a background check without consent after they extended the offer and was accepted

1 Answer | Asked in Employment Discrimination for Pennsylvania on
Answered on May 4, 2018
Peter N. Munsing's answer
I don't believe you would have a claim because anyone can run a background check on anyone else --they only need permission if its to get the medical records. But I suggest you contact a member of the Pennsylvania Assn for Justice who handles employment issues for a free consult.

Q: Can my employer terminate me for additional leave after my FMLA has expired?

2 Answers | Asked in Employment Law and Employment Discrimination for Pennsylvania on
Answered on Jan 19, 2018
Andrew S. Abramson's answer
It is possible that the additional leave that you requested and the request to work from home are reasonable accommodations under the Americans with Disabilities Act and the Pennsylvania Human Relations Act. If so you may have viable causes of action against your employer. It is essential that you consult with an experienced employment law attorney as soon as possible. Experienced employment law attorneys are listed on this website. Unfortunately, the Avvo rules do not permit us to contact you...

Q: Can I sue my previous employer for unlawful termination, retaliation, and discrimination?

1 Answer | Asked in Employment Discrimination for Pennsylvania on
Answered on Dec 27, 2017
Andrew S. Abramson's answer
Given the brief facts that you outline, you could possibly have a claim for wrongful termination for pursuit of a workers' compensation claim; violation of the Family and Medical Leave Act, depending on the number of employees employed by your employer; and possibly retaliation, depending on the nature of your complaint about your supervisor. Please contact our office to provide more details.

Andrew S. Abramson, Esq.

Abramson Employment Law, LLC

790 Penllyn Blue Bell...

Q: I have FMLA and have been doing my job 100% no restrictions. My employer sent me home can they do that

1 Answer | Asked in Employment Discrimination for Pennsylvania on
Answered on Dec 18, 2017
Andrew S. Abramson's answer
Your inquiry is not specific enough. If you have been approved for intermittent FMLA leave and called out for an FMLA intermittent leave approved reason then it is possible that there is a violation of the law.

Q: employer stated there was no work for me after being cleared. I had an established delivery route with them. Now what?

1 Answer | Asked in Employment Discrimination and Workers' Compensation for Pennsylvania on
Answered on Dec 9, 2017
Timothy Belt's answer
In general, PA is an employment at will state, and a work injury does not provide you with any additional job protection. There are other factors which may apply to you such as FMLA or a union contract. Since your situation is going to be very fact specific, I would suggest that you contact a local workers' compensation attorney to discuss your options.

Q: Is forbidding tricks on a bicycle unconstitutional?

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Municipal Law for Pennsylvania on
Answered on Nov 30, 2017
Peter N. Munsing's answer
If it prohibited tricks on private property, likely yes.Contact the Pa. Civil Liberties Union. On public property--I don't see it being invalid unless it is used to cover non-pedestrian areas such as open spaces used by jugglers, dancers, others.

Q: Can a former employer, who conducted my interview with a new company, refuse to hire me, based on my past employment?

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Answered on Nov 30, 2017
Peter N. Munsing's answer
Of course they can--they know about you, and can use that knowledge.

Q: my lawyer told me that after the settlement with company and work comp. he told me i have to leave my job? its that true

1 Answer | Asked in Employment Discrimination, Employment Law, Small Claims and Workers' Compensation for Pennsylvania on
Answered on Aug 27, 2017
Timothy Belt's answer
Settlement is voluntary. If you don't want to settle your claim you don't have to settle. Similarly, if the employer/carrier is not interested in a settlement proposal, they do not have to take it. You don't have to settle your claim, but if you choose to do so, many employer's and workers' compensation carriers will require a resignation. As I explained the last time you asked this question, part of what the employer/carrier is paying for in the settlement is to be relieved of future...

Q: is it true that after the settlement with wc i have to leave work or get fired..etc after i sue them etc.?

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Pennsylvania on
Answered on Aug 25, 2017
Timothy Belt's answer
Many workers' compensation insurance carriers and some employers do require that you resign as part of a settlement. The reason for this is that in Pennsylvania aggravation of a preexisting condition can be considered a new work injury, so the day after you settle your claim you could potentially return to work and injure the same body part and have a new workers' compensation claim. From their position, they are paying a lump sum to resolve their ongoing liability. They do not want to pay...

Q: Is it fair to get fired for harassment by posting on Facebook that some person and not naming them is out sick too much

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Answered on Feb 8, 2017
Peter N. Munsing's answer
Doesn't sound like harassment if she didn't transmit it to the boss or identify them. Contact a member of the Pa. Assn for Justice who handles employment.

Q: My husband's employment agency is playing games with his continued employment at Amazon, what can we do?

2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Pennsylvania on
Answered on Jan 31, 2017
Andrew S. Abramson's answer
The facts that you detail could support a claim under the Americans with Disabilities Act and the Pennsylvania Human Relatins Act depending on how the situation plays out. Feel free to contact our office to provide further details for assessment.

Q: Local fire dept is wanting to hire more employees. This is a paid dept. Min. Of employees Allowed in pa.

1 Answer | Asked in Employment Discrimination, Employment Law and Gov & Administrative Law for Pennsylvania on
Answered on Dec 8, 2016
Peter N. Munsing's answer
You have regulations on staffing of certain vehicles but there isn't a set number of employees you need. This is a question dealing with interpretation of regulations, not a legal question.

Q: Can I sue my place of work for hiring someone while I was out of work injuried?

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Answered on Dec 5, 2016
Andrew S. Abramson's answer
The answer to your question may be depend on the number of employees who work for your employer and the nature of your injury/disability. If you worked more than one year and there are more than 50 employees, the Family and Medical Leave Act (FMLA) may provide protection. If not, depending on the nature of your injury/disability, there may be protection under the Americans with Disabilities Act and/or the Pennsylvania Human Relations Act. In order to fully assess your situation we will need...

Q: I had an on the job injury then was fired the next month, what should I do

1 Answer | Asked in Workers' Compensation, Employment Discrimination and Employment Law for Pennsylvania on
Answered on Aug 18, 2016
Peter N. Munsing's answer
If you were out on comp, then they can let you go unless the union agreement forbids. Suggest you contact a member of the Pa. Assn for Justice who handles workers compensation cases--they give free consultations.

Q: Is there a restriction on how many hours can be worked in a day while on light duty/wc?

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Pennsylvania on
Answered on Aug 15, 2016
Peter N. Munsing's answer
No. Technically you can work overtime even if it's light and your doctor says it's OK. At theat point you may or may not have a a claim for lost wages (many places the light duty work is on a different pay level, doesn't get differentials, "bumps" etc.

Have a question?Why not get a free consultation from a member of the Pa. Assn for Justice who handles workers compensation.

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