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Pennsylvania Employment Discrimination Questions & Answers
1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for Pennsylvania on
Q: Can she do that? What can I do ? Do I have to pay the bill? I don’t believe I should since I didn’t sign a contract.

I worked at a daycare from December 11 to March 22. I was expected to get paid today and didn’t due to some daycare expense issues. I “owed” $690 in daycare expenses and had a plan set up with my boss to take out $50 biweekly. since I had to relocate, due to not having a place to stay nearby... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 1, 2019

Let me break it down for you: If you received $690 more in daycare services than the amount of your paycheck--and then quit working at the daycare--it does not appear unlawful for your employer to withhold and apply your last paycheck to cover a portion of what you owe them. Nor do they have to... Read more »

1 Answer | Asked in Employment Discrimination for Pennsylvania on
Q: If my ex husband has been working a lot of overtime can I take him back to court?

Also if my child is over 18 and still lives with me and goes to college can I still collect?

Cary B. Hall
Cary B. Hall answered on Mar 21, 2019

When you say "take him back to court," do you mean to increase any alimony award he may be paying right now, or to increase a child support payment?

If the former, likely not - although perhaps, if the alimony award/agreement allows for modification. You'll need to have a family law...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Will filing gender discrimination with EEOC help or damage potential lawsuit?

Potential gender discrimination lawsuit is being consulted on with the area lawyers. If EEOC discrimination complaint is filed, would it be damaging to a future lawsuit if materialized? Reason for filing with EEOC is an approaching deadline for statute of limitation in the state.

Cary B. Hall
Cary B. Hall answered on Feb 16, 2019

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.

1 Answer | Asked in Employment Discrimination and Sexual Harassment for Pennsylvania on
Q: My previous employer& fiancés boss at time of inquiry asked for nude/nearly nude photos in exchange for compensation
Peter N. Munsing
Peter N. Munsing answered on Oct 28, 2018

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.

1 Answer | Asked in Appeals / Appellate Law, Employment Discrimination and Employment Law for Pennsylvania on
Q: im trying to appeal my unemployment benefits
Peter N. Munsing
Peter N. Munsing answered on Oct 11, 2018

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/

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
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?

I was hired through an agency for light assembly. I was removed from the job I was hired to do and placed on a job that greatly exceeded my weight limits. I started to get lower back pain due to the heavier lifting. When I informed my employer, I was told there was no guarantee I could be placed... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 24, 2018

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."

1 Answer | Asked in Employment Discrimination and Sexual Harassment for Pennsylvania on
Q: i need help doing a sexual harassment lawsuit and have no clue where to begin i reported it to work a million times

and no one seemed to do the right steps it was still ongoing untill they found a way to fire me and now they r trying to get me with retail theft and its just messy the guy was stalking me talking to me touching me

Andrew S. Abramson
Andrew S. Abramson answered on Jul 1, 2018

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.

1 Answer | Asked in Employment Discrimination for Pennsylvania on
Q: Can an employer run a background check without consent after they extended the offer and was accepted

The county courthouse extended an offer tonme and I accepted. When I went to HR after the interview they gave me my benefit information then said No background check would be needed only a drug test. Then they called me and told me the retract the offer due to my background. I never consented to... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 4, 2018

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.

2 Answers | Asked in Employment Law and Employment Discrimination for Pennsylvania on
Q: Can my employer terminate me for additional leave after my FMLA has expired?

I broke my foot while on vacation last October and needed surgery to repair this. At that point my FMLA started. Since then I have had complications and required 3 additional surgeries to repair my foot. My FMLA expired December 31st and I requested additional leave. I provided notes from my... Read more »

Andrew S. Abramson
Andrew S. Abramson answered on Jan 19, 2018

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... Read more »

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1 Answer | Asked in Employment Discrimination for Pennsylvania on
Q: Can I sue my previous employer for unlawful termination, retaliation, and discrimination?

I was fired on 12/11/17 with the excuse of bad civility. I worked there 4 years and was never written up, suspended or disciplined for anything before and was never given a written termination letter. Also a week prior I filed a complaint against the supervisor and feel this was retaliation for... Read more »

Andrew S. Abramson
Andrew S. Abramson answered on Dec 27, 2017

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... Read more »

1 Answer | Asked in Employment Discrimination for Pennsylvania on
Q: I have FMLA and have been doing my job 100% no restrictions. My employer sent me home can they do that

Twice I called off because of pain and twice i left early cause of pain but this day i was fine

Andrew S. Abramson
Andrew S. Abramson answered on Dec 18, 2017

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.

1 Answer | Asked in Employment Discrimination and Workers' Compensation for Pennsylvania on
Q: employer stated there was no work for me after being cleared. I had an established delivery route with them. Now what?

I was cleared by the doctor to return to full duty, but employer said there is no work for me at this time. I was a driver on a established route, that someone was brought in to cover for me. Do they not have to give me my route back with same pay? I am employed through a logistics staffing... Read more »

Timothy Belt
Timothy Belt answered on Dec 9, 2017

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... Read more »

Q: Is forbidding tricks on a bicycle unconstitutional?

There is an ordinance in the city of oil city which forbids any trick to be performed on a bicycle. This in essence would prevent any city resident from competing fairly in bicycle competitions. It would prohibit equal opportunity to practice and hone skills necessary to be competitive within the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 30, 2017

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.

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Can a former employer, who conducted my interview with a new company, refuse to hire me, based on my past employment?

A former employer, conducted my interview at a new company and refused to hire me, based on my previous employment with them at another company, which ended on bad terms 10 years ago; either I quit or be fired. I quit.

Peter N. Munsing
Peter N. Munsing answered on Nov 30, 2017

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

i don't see why i have to leave my job... just because i got hurt at work or because my lawyer say so... i don't find that fear...

Timothy Belt
Timothy Belt answered on Aug 27, 2017

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'... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Pennsylvania on
Q: is it true that after the settlement with wc i have to leave work or get fired..etc after i sue them etc.?

im worried bc that was what i was told by my lawyer.... And i think that my employer should offer me job in w my retriccions given by my doc. i will like to my employer accommodate me in a job offer withing the retrictions i have for now... i wont like 2 lose my job o get fires just bc i got hurt... Read more »

Timothy Belt
Timothy Belt answered on Aug 25, 2017

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... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
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

My daughter complained on Facebook about a person at work without naming them taking off all the time and having to constantly do their work where as anywhere else they would get fired I feel like because she didn't name the person it's wrong to be fired the boss says she harrassed her but it was... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 8, 2017

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.

2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Pennsylvania on
Q: My husband's employment agency is playing games with his continued employment at Amazon, what can we do?

My husband was hired through integrity staffing solutions (herein referred to as ISS) to work for Amazon in Easton PA. He was nearly terminated after an on the job injury, and then forced to leave early due to an asthma attack. He was told at the beginning of his employment that he could bring his... Read more »

Andrew S. Abramson
Andrew S. Abramson answered on Jan 31, 2017

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.

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

What is the min of employees Pennsylvania allows in a paid fire dept.

Peter N. Munsing
Peter N. Munsing answered on Dec 8, 2016

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.

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Can I sue my place of work for hiring someone while I was out of work injuried?

I was injuried in August and was out for three months, I wasn't injured on the job but was getting short term disability, I called them to let them know that I can return to work on December 19th but was told they hired someone else to fill my position. I was wondering if I was able to sue them

Andrew S. Abramson
Andrew S. Abramson answered on Dec 5, 2016

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... Read more »

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