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Pennsylvania Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination for Pennsylvania on
Q: was a store mgr. told they hired a guy to replace me. losing 15000.00 a yr. I have worked as many as 70+ hrs a wk

my question is...Do I have to take this job? If I don't does that mean I will not be able to collect unemployment? I live in pennsylvania

Peter N. Munsing
Peter N. Munsing
answered on Jun 5, 2020

If you are covered by a union such as UFCW or SEIU, check with them. Assuming you are not , you need to get the personnel policy. Then you need to consult an attorney who handles employment cases FOR EMPLOYEES-- most attorneys handle them for employers. In the meantime do you have a copy of your... View 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... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for Pennsylvania on
Q: Is a restaurant employer allowed to terminate me after written warnings where I was sick with a contagious illness?

I have worked in a restaurant for the past 4 years. Recently the state of management has gone downhill. As someone who also works in the medical field, I understand I, as an employee, am not allowed to go into work around food with contagious conditions. I provided them two seperate doctors note... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 12, 2020

You should file for unemployement as you were not terminated for cause where you had necessitous and compelling reasons.

1 Answer | Asked in Education Law and Employment Discrimination for Pennsylvania on
Q: Can I be presumed guilty of an anonymous allegation of drinking on the job with no investigation?

I was anonymously accused of drinking at my teaching job. I was forced to leave my room, with all of my belongings. No administrator attempted to speak with me to ascertain if the allegation had any validity. I was then requested (required) to go to an ER to have an alcohol level blood test... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 18, 2019

Sounds like it would violate most union agreements. Contact your union. If you don't have one, contact an attorney who handles employment issues in your area.

2 Answers | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: I would like some help with my unemployment appeal. My old employer is really making things up. This would be my 2md tim
Andrew S. Abramson
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Andrew S. Abramson
answered on Nov 22, 2019

You should retain an experienced employment law attorney to represent to at the hearing. If you are located in Pennsylvania we can assist.

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1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: I think I was discriminated against by my employer for a union vote.
Peter N. Munsing
Peter N. Munsing
answered on Oct 22, 2019

Be tough to show but contact the union for starters, the look for a member of the Pa. Assn for Justice who handles employment claims.

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... View 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... View 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...
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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... View 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
PREMIUM
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... View 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... View More

Andrew S. Abramson
PREMIUM
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... View 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... View More

Andrew S. Abramson
PREMIUM
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... View 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
PREMIUM
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... View 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... View 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... View 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.

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