Pennsylvania Employment Law Questions & Answers

Q: Can an organization release a current employee because they want to hire the previous one instead?

1 Answer | Asked in Employment Law for Pennsylvania on
Answered on Jan 16, 2019
Cary B. Hall's answer
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 apply for that online through the Department of Labor and Industry. If you haven't already, I suggest you do so today.

Best of luck to you.

Q: What happens if your Employer doesn't report your work-related injury to the State Worker's Comp Board?

2 Answers | Asked in Employment Law, Workers' Compensation and Insurance Bad Faith for Pennsylvania on
Answered on Jan 9, 2019
Alexander Palutis' answer
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 circumstances in greater detail. Most attorneys will provide a free consultation. If you have suffered a work injury and your employer is being less than cooperative , then it is certainly time for you to...

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?

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Answered on Dec 14, 2018
Peter Munsing's answer
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 hour case

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?

1 Answer | Asked in Employment Law for Pennsylvania on
Answered on Dec 13, 2018
Jill L. Walsh's answer
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 employment contract. For more information, visit the Pennsylvania Department of Labor and Industry: https://www.dli.pa.gov/Individuals/Labor-Management-Relations/llc/Pages/Wage-FAQs.aspx#8.

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

1 Answer | Asked in Consumer Law and Employment Law for Pennsylvania on
Answered on Oct 28, 2018
Peter Munsing's answer
You can try--a lot depends on the terms you are leaving under.

Q: returning from fmla/short term disability/long term disability

1 Answer | Asked in Employment Law for Pennsylvania on
Answered on Oct 28, 2018
Peter Munsing's answer
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?

1 Answer | Asked in Employment Law for Pennsylvania on
Answered on Oct 15, 2018
Cary B. Hall's answer
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. You could be let go because your employer doesn't like the color of your shirt on any given day. It's just the way it is. Best of luck to you.

Q: im trying to appeal my unemployment benefits

1 Answer | Asked in Appeals / Appellate Law, Employment Discrimination and Employment Law for Pennsylvania on
Answered on Oct 11, 2018
Peter Munsing's answer
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

1 Answer | Asked in Employment Law for Pennsylvania on
Answered on Sep 11, 2018
Peter Munsing's answer
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

2 Answers | Asked in Employment Law for Pennsylvania on
Answered on Sep 11, 2018
Cary B. Hall's answer
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?

1 Answer | Asked in Employment Law for Pennsylvania on
Answered on Aug 31, 2018
Andrew S. Abramson's answer
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 depends on your work duties. Also, keep in mind that there are time restrictions on how far you can go back in time to collect unpaid overtime pay. It is critical to consult with an experienced...

Q: Can I file for PA unemployment if my employer has closed temporary due to the business being flooded from rainstorms?

1 Answer | Asked in Business Law and Employment Law for Pennsylvania on
Answered on Aug 20, 2018
Cary B. Hall's answer
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

1 Answer | Asked in Employment Law for Pennsylvania on
Answered on Aug 1, 2018
Peter Munsing's answer
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?

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Answered on Jul 24, 2018
Peter Munsing's answer
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

1 Answer | Asked in Employment Law, Business Law, Civil Rights and Energy, Oil and Gas for Pennsylvania on
Answered on Jul 24, 2018
Peter Munsing's answer
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 give you overtime hours.

You want to check to be sure they have your hours correctly, too!

good luck

Q: Being employed as a W2 consultant am I eligible for paid holidays benefits? (does PA law requires to pay for it?)

1 Answer | Asked in Employment Law for Pennsylvania on
Answered on Jul 18, 2018
Peter Munsing's answer
not sure what you mean by "holidays benfits." If you mean do you get paid leave etc. no requirement you receive it as a consultant. Not sure what you mean by "w-2 consultant" W-2's are given to employees. Consultants tend to be contractors.

Generally if you are an employee you get the benefits other employees get unless you are covered by an employment contract.

Q: I had a parent complaint at age 35 and they are citing PTSD from the Virginia Tech massacre, almost a decade. 305 level.

1 Answer | Asked in Criminal Law, Employment Law, Family Law and Personal Injury for Pennsylvania on
Answered on Jun 9, 2018
Kathryn Hilbush's answer
I'm sorry but your question isn't very clear to me. I suspect that you either need to be speaking with an employment attorney or general litigation/personal injury attorney, depending on your goals. Your question unfortunately ended up going out to the family law lawyers.

Q: Can I sue the company that my employment agency works for for personal injury due to negligence?

1 Answer | Asked in Employment Law and Personal Injury for Pennsylvania on
Answered on May 22, 2018
Peter Munsing's answer
Depends on who was doing what. Your medical should be covered by workers comp. Why not give us a call and we can give you the names of some attorneys who could help.

Q: I was on work and comp 6 years ago and they said they overpaid me and were taking $300 a check to pay it back until I

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Answered on May 12, 2018
Timothy Belt's answer
There should not be any connection between the 2 claims in regard to a credit.

Q: I injured my shoulder 1 1/2 months ago. Been on light duty until I got laid off today. For lack of light duty work.

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Answered on Apr 28, 2018
Timothy Belt's answer
If your work injury has been accepted, you enjoy a rebuttable presumption when you are laid off from a modified duty job that your loss of earnings is related to the work injury. In other words you have a strong claim for wage loss benefits under the the PA Workers' Compensation Act. This depends on whether or not the claim has actually been accepted (paying medical bills is not the same thing as accepting the claim) and what document was used to accept the claim. I would strongly suggest...

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