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."
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.
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.
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...
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'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.
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.
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.
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...
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...
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.
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.
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...
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.
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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