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Pennsylvania Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Pennsylvania on
Q: My workplace has a 24 hour policy. If you vomit within 24 hours you’re not allowed to come in. I called and they told me

They told me that I’m not allowed to come in since I vomited within the 24 hour thing are they allowed to punish me for not coming in after they told me to not come in because they told me I would still get a write up for it after I asked if I could come in or not

James L. Arrasmith
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answered on Feb 23, 2024

It seems unfair for your workplace to punish you for following their policy by not coming in after you vomited within the 24-hour period. If they explicitly instructed you not to come in due to the policy, it would be unreasonable to issue a write-up for complying with their directive. It's... View More

1 Answer | Asked in Employment Law and Sexual Harassment for Pennsylvania on
Q: If someone got someone fired for false statements about sexual harassment what can they do??

They also texted victim multiple times saying hey do you work today and I think your cute. But they didn’t respond back and then he was making sure she was okay and gave her a church hug. Then she texted him the same day asking if he worked tomorrow. Then she said that he sexually harassed her

James L. Arrasmith
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answered on Feb 23, 2024

If someone falsely accuses you of sexual harassment and as a result, you lose your job, it's a serious matter that can have significant consequences. False accusations can damage your reputation, career prospects, and emotional well-being. In such a situation, it's crucial to gather any... View More

2 Answers | Asked in Employment Law for Pennsylvania on
Q: Is it legal in the state of PA for an employer to change my pay rate drastically without any kind of notice?
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answered on Feb 15, 2024

In Pennsylvania, employers are generally required to notify employees of any changes to their pay rate before the changes take effect. This includes any reductions in pay. A drastic change in pay rate without any notice may violate state labor laws, specifically regarding wage payment and... View More

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1 Answer | Asked in Contracts and Employment Law for Pennsylvania on
Q: My employer has paid for a class. I was given a NDA from the organization teaching the class. What can I disclose?

They received money for a class. Do they have to declare something is confidential to be covered? Can my employer ask me to share what I learned with management and staff?

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answered on Feb 8, 2024

In Pennsylvania, when you sign a Non-Disclosure Agreement (NDA) for a class paid for by your employer, the terms of the NDA dictate what information is considered confidential and what can be disclosed. Typically, NDAs require specific mention of what constitutes confidential information, which... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: What kind of lawyer do I need. ExUber driver, was independent contractor, have proof of fraud/wage theft

Don't know where to start. Overwhelmed with information I documented in 6+ months building my case. Need help sorting it all out.

James L. Arrasmith
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answered on Feb 6, 2024

If you were an independent contractor as an Uber driver and believe you have evidence of fraud or wage theft, you should consider consulting with an employment or labor law attorney who specializes in wage and hour disputes. Here are the steps to help you find the right attorney:

Research:...
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1 Answer | Asked in Employment Law and Employment Discrimination for Pennsylvania on
Q: My GM threatened me as by stating "so if I come through that door in regular civilian clothes is the same as...

Me saying the F* word". I most recently have been wrongfully terminated for following my chain of command and not doing a job without the proper PPE. Lastly if I have been asking for a raise for my year and it's stated we get a yearly raise in our policy but 4 months later a coworker gets... View More

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answered on Feb 2, 2024

In Pennsylvania, you may have legal recourse if you believe you have been wrongfully terminated or subjected to employment discrimination. Threats or retaliation from a general manager could constitute a hostile work environment or retaliation, both of which are prohibited under employment laws.... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Was I considered terminated if I am dismissed prior to my contract end date but received my full contract salary?
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answered on Jan 12, 2024

In employment law, the determination of whether an individual is considered terminated depends on various factors, including the terms outlined in the employment contract. If you were dismissed prior to the specified end date in your contract but received your full contract salary, the situation... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Originally I used my 2 vacation weeks to cover no work because of a fire at work. Hr said they would pay one week

They refuse to pay me the one week that they say they would. I wasn’t on vacation I was as well as everyone else laid off for two weeks. But HR left a voice mail stating they were paying everyone one week. So I thought I’d at least get paid one of my two weeks when I actually took my scheduled... View More

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answered on Jan 8, 2024

In your situation, if HR verbally committed to paying employees for one week due to the work stoppage caused by the fire, and you have a voicemail confirming this, you may have grounds to request that payment. Verbal agreements, especially when supported by evidence like a voicemail, can be... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: What kind of Lawyer do you need to help you with Harassment at work in a school?

Daughter has been at the school working for over a year, after they found out she has epilepsy they have done everything to get rid of her. She is good at her job, and the kids love her so they are having a hard time but keep trying. They made her sign something today and she is very upset.

Jeremy Donham
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answered on Jan 5, 2024

So sorry to hear of this. You will want an employment discrimination attorney. If your in PA, feel free to reach out to our firm for more information. If not in PA, then you can check with the local bar association and ask for an employment discrimination attorney, or google "employment law... View More

1 Answer | Asked in Employment Law, Social Security and Public Benefits for Pennsylvania on
Q: I'm on disability and recieve SSDI. If I get a part-time job, I must report my income.

If I start a business and my earnings haven't surpassed my expenses making me no profit as well as me not paying myself a salary, do I have to report my earnings to SSDI?

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answered on Dec 29, 2023

If you're receiving SSDI (Social Security Disability Insurance) and start a business, it's essential to understand how your business activities might affect your benefits. The Social Security Administration (SSA) requires you to report any work activity, which includes starting a... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can my manager make me share a jacket with my coworkers or do they have to give me my own?

I’m a waiter in Philadelphia and I often have to work outside. My new manager bought a few coats with the company logo and is making us share them. They assure us they are being dry cleaned between usage but I don’t trust them. I’ve had bed bugs in the past and am prone to hive breakouts. is... View More

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answered on Nov 30, 2023

In Pennsylvania, the issue of providing uniforms or specific clothing for work, including jackets, can vary depending on company policy and the nature of the job. If your manager is requiring all waitstaff to share jackets, this isn't explicitly illegal, but it does raise concerns, especially... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Pennsylvania on
Q: My coworker with the same job title and same job duties makes 13,000 more then me. And has been with the company less.

I have been a manager at a large retailer for the past 9 years, my coworker who was hired at a higher position and then stepped down and was able to keep his pay and now makes 13000 more then me, he has only been with the company for 2 years vs. myself who has been with the company for 18 years. We... View More

Casey Green
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Casey Green
answered on Nov 13, 2023

You did not reveal your gender, but among other potential claims, you may have a cause of action under the the Equal Pay Act, which requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal and this is... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Unsafe truck, driving force, dispatch !

I work for a company who’s forcing me to drive illegally to deliver loads if I don’t deliver the load on time I’m charged 250. They have a way to adjust the ELD in the truck that I’m driving. I’m driving to 17 to 22 hour days.

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answered on Oct 22, 2023

It's concerning to hear about your situation. Companies are required by federal regulations to ensure that drivers adhere to hours-of-service rules. Manipulating the Electronic Logging Device (ELD) is a violation of these regulations. If you feel that your safety and the safety of others is... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Why would a driver who is paid per mileage get a paycheck that reflects an hourly rate?
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answered on Oct 6, 2023

In Pennsylvania, a driver who is typically paid per mileage might see a paycheck reflecting an hourly rate for several reasons. One possible reason could be that the employer is compensating the driver for non-driving work-related duties, such as waiting times, loading or unloading, or attending... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for Pennsylvania on
Q: Can your job take you off work due to your doctor putting you on light duty while being pregnant?
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answered on Aug 24, 2023

In Pennsylvania, employers are generally required to provide reasonable accommodations for pregnant employees, which may include light duty assignments based on medical recommendations. The Pregnancy Discrimination Act (PDA) prohibits discrimination against employees based on pregnancy, childbirth,... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can the manager of the store I'm employed at change my schedule without telling me know?
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answered on Aug 4, 2023

In Pennsylvania, employment laws generally allow employers to change employees' schedules, including hours of work, shift times, or days off, as long as the changes comply with relevant labor laws and employment contracts.

However, employers are typically required to provide reasonable...
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1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can you help me understand expense reimbursement for remote employees

I'm a remote employee in PA, until now my internet was extensible but is no longer going to be covered by my employer. Since internet is 100% necessary for my job role, shouldn't at least part of the fee be covered?

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answered on Jul 26, 2023

In Pennsylvania, employers are generally not required by law to reimburse employees for business expenses, including internet costs for remote work. However, some employers may have their own expense reimbursement policies.

To find out if your employer offers any reimbursement for internet...
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1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for Pennsylvania on
Q: My son was put off the job today for medical mj use. He has a card. Can you help? Steamfitter Union. confidential plz

He has been being harassed by his foreman. Accused him of putting vodka in his water bottle. Told other foremen he is using pills. He is not. Only medical mj.

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answered on Jul 26, 2023

First and foremost, your son's medical marijuana use should be protected under Pennsylvania's medical marijuana law. Employers are generally prohibited from discriminating against employees solely based on their status as a certified medical marijuana patient.

Now, when it comes...
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1 Answer | Asked in Employment Law for Pennsylvania on
Q: If a company requires entered time to be in 15 min blocks (15 min rule) can they dock your pay per minute late?

Required to enter our time started or ended only in 15 min chunks. If our work takes us 5 minutes past end of shift we are told we must stay and work another 10 minutes to get paid for the 5; if 5 early and start working we lose those. But they dock us to the minute if we are late or leave early.... View More

Casey Green
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Casey Green
answered on Jul 9, 2023

This could potentially be a violation of the Fair Labor Standards Act (FLSA), a federal law that requires non-exempt employees be paid time and a half for hours worked in excess of 40 hours per week. There are other laws that may be implicated, but my answer is based on the FLSA, which allows an... View More

Q: Police officer hurt in line of duty, car accident. 2 years Heart\Lung. Failed suicide. Approved pension denied by Chief.

Police officer hurt in line of duty, car accident. On Heart & Lung for two years. Removed from Heart & Lung and placed on admin leave and workmen's comp after Failed suicide attempt. My doctor said I could no longer be a police officer due to the accident. Sent for independent... View More

Timothy Belt
Timothy Belt
answered on Jul 6, 2023

This is a complicated fact pattern, and you really should meet with a workers' compensation attorney in your area. From the limitted information available, you certainly appear to have a workers' compensation claim. You should know that taking the pension may reduce the amount you... View More

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