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Pennsylvania Employment Discrimination Questions & Answers
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... 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... 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... 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... 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 »

1 Answer | Asked in Workers' Compensation, Employment Discrimination and Employment Law for Pennsylvania on
Q: I had an on the job injury then was fired the next month, what should I do
Peter N. Munsing
Peter N. Munsing answered on Aug 18, 2016

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.

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Pennsylvania on
Q: Is there a restriction on how many hours can be worked in a day while on light duty/wc?
Peter N. Munsing
Peter N. Munsing answered on Aug 15, 2016

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...
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Q: I need to get sole proprietor to sign a Non-Disparagement clause prior to signing Confidential Disclosure

Consulting for a sole proprietor (softball program) and after being insulted, cursed at, humiliated in front of players, coaches, and peers at our latest showcase, I have been asked to sign a non-disclosure agreement as I expressed my dislike of the circumstance by one of the 3 owners. I have not... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 2, 2016

Given the perhaps idiosyncratic and vindictive personality you outline, using a template may not be enough. You may want to have all sign so it doesn't look like you are singling him out. Suggest you contact a commercial law attorney.

1 Answer | Asked in Employment Discrimination for Pennsylvania on
Q: What can i do if someone i work with is always saying racially remarks
Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 13, 2015

Avoid that person.

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