Pennsylvania Employment Law Questions & Answers
Q: Lifeguard recertification training - do I have to pay for it?
My daughter is a swim instructor. My daughter completed lifeguard recertification training through her employer. Her supervisor told her that in lieu of paying my daughter for her time ($60) and then having to charge her for the course ($100), she just wouldn't pay her for the time and wouldn't... Read more »
They should have told her up front and she certainly should be sure that their certification is good anywhere--check with a Y. It's a question does she want to work there or not. Yes it's tacky but a wage hour complaint may mean all the sudden they have no hours for her. As they are underhanded... Read more »
Q: I am currently a 40 hour full time employee working in physical therapy for the same company for 2.5 years. Our practice
practice has slowed down and I was informed that my position is now going to be taken to what they are calling a Regular Part Time non exempt status. Verbally I was told it would be 30 hours with continued healthcare and benefits. My company wants me to sign a letter agreeing to this new contact... Read more »
I don't think you signing would be a problem as long as they state that this is not a reduction due to your conduct but just their business. Why not ask unemployment first? (for what it's worth, I understand the VA was looking for PT's).
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 »
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 »
Q: My wife's Pennsylvania employer just sold the company (private corporation). The new owners are firing everyone.
The new owners are giving 2 weeks notice but not paying for earned or accrued vacation. Is this legal?
1)While still in the company everyone needs to get a written statement of accrued vacation etc. 2) this would be a claim to make against the owners that sold. If you don't get anywhere the US department of Labor Wage & Hour Division.
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.
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: Can an organization release a current employee because they want to hire the previous one instead?
The previous employee did not want to work for the organization leaving it quickly with no one to take over. I was hired as bookkeeper to fill the position four months ago and to keep bills paid. Now the previous employee wants to return, so I was released. Is that legal?
Yes, unless you had some written employment contract which promises you employment for a particular length of time. My guess is that there is no such contract, and so your employer can terminate you "at will."
You would, however, be eligible for unemployment compensation, and you can... Read more »
Q: What happens if your Employer doesn't report your work-related injury to the State Worker's Comp Board?
There was 2 separate work-related injuries and none was reported to the State Worker's Comp Board
Your employer is required to report your work injuries to their insurance company and the State. There are several reporting requirements for both the employer and the injured worker. Therefore, I recommend that you contact a Board Certified Workers’ Compensation Attorney to discuss your... Read more »
Q: In PA, can the business owner make my bonus and profit sharing part of my salary in lieu of a raise? But not for others?
Instead of giving me a raise, my employer told me my bonus and profit sharing would be my total payroll. Everyone else in the company gets their payroll plus bonus and profit sharing. Now the company didn't make as much money as he anticipated in the last 6 months, so my "salary" is significantly... Read more »
You have no right to a raise absent a union contract or employment contract.you say the others get payroll plus bonus and profit sharing --are you saying now you are getting bonus and profit sharing but no pay?
If the first one, I don't see a wage hour case; in second one could have a wage... Read more »
Q: If there is a written policy stating any unused vacation days will be paid at the end of the year can they pay in April?
This company has been paying their employees unused vacation days at the end of each year so employees have depended on this money to be used for Christmas. This year the company told their employees, the week they were to receive the checks that they would not receive payment until April. Also... Read more »
Thank you for reaching out. There is no Pennsylvania law that requires an employer to provide vacation benefits to employees. If the employer chooses to do so, and has a policy that discusses how vacation leave will be handled, the employer must comply with the terms of its established policy or... Read more »
Q: 73 yr old male live in PA 40 years in New Jersey. Boss asked me to retire year end. Can I collect unemployment benefits
Lives in pa. Works in nj past 40 years
You can try--a lot depends on the terms you are leaving under.
Q: returning from fmla/short term disability/long term disability
If my full time position is filled do I have to accept the part time, flex position? The only one in my field? If I decline, will I be eligible for unemployment?
Speak with a member of the Pennsylvania Assn For Justice who handles employment issues. They may best guide you.
If you are stuck with the part time ask if you can get U/c for the difference?
Q: In Pennsylvania how long does a company have to complete a background check? This would be after I had already started?
Worked at one business and quit after I got hired somewhere else. One month later I got a phone call from new employer stating they were letting me go due to background check a month later. Is this legal?
Yes. Employment in Pennsylvania is "at-will" -- meaning you can quit whenever you like, and employers can fire you whenever *they* like. There's no legal requirement to conduct background checks on either prospective or current employees at all, much less any time limitation on when they're done.... Read more »
Q: im trying to appeal my unemployment benefits
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: Employee handbooks
The company handbook allowed a person 50 vacation days to be paid to an employee upon separation from the company. Separation is not defined, so either resignation or termination would make the employee eligible to receive payment for those accrued days. The issue is that after the employee accrued... Read more »
You have an argument that you had accrued a vested amount Consult an attorney who handles employment issues and is a member of the Pa. Assn for Justice. They give free consults.
Q: Is there anything such as a carnival act of nj that keeps us from getting overtime pay
You should post your question in the New Jersey section of this forum, not Pennsylvania.
Best of luck to you.
Q: My employer doesn't pay me time and a half when I go over 40 hours. Is that legal?
Federal and state laws require that when an employee works in excess of 40 hours per week, the employee must be paid 1.5 times the regular rate of pay for each hour over 40, unless your job duties fall into certain legally recognized exemptions from overtime laws. Thus, the answer to your question... Read more »
Q: Can I file for PA unemployment if my employer has closed temporary due to the business being flooded from rainstorms?
Yes, you should be able to. And, at worst, the Department of Labor & Industry can deny your claim and then tell you why (and then you can appeal, and often ultimately win). But you'll get nothing if you don't try, so *try* and try ASAP.
Best of luck to you.
Q: Pennsylvania - My (now former) employer has not been providing me with paystubs and has been shorting paychecks
Since December 2017 I have only received 1 paystub (paid weekly every Friday) and I feel my paychecks have been consistently short. I have asked for them in person multiple times and by text message once for records purposes.
I was physically hit by boss when I mentioned having to contact... Read more »
Talk to the wage hour division of the department of labor. You can file a police report.
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 »
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'm Not getting overtime paid right
90.50 at 27 an hr an 50.50 at 13.50
not knowing your overtime rate it's hard to tell what your figures are but the wage hour division of the US Department of Labor would have information on filing a complaint.
Suggest if you haven't already save your check stubs as those should show the hours you worked each week which would... Read more »
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