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Pennsylvania Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Identity Theft for Pennsylvania on
Q: Is it legal for my local council members to be able to monitor everything I search/do on my computer as an employee?

I work in Monessen, PA

Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

If it's the employer's computer they have a right of access. If you use it for personal things that is your risk. They can take the computer tomorrow, it's theirs. They can access the information any way they wish. It's theirs.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: This is an employment question in Pennsylavania. Can an employer legally review you for a job you didnt know you had

I have worked for my employer for 2 years. I finally received a review, up to this point I thought I was doing a good a job, never reprimanded or told otherwise. During the review my supervisor said they know it's a harsh review because they never explained by job and my job expectations. I... Read more »

Joseph Korsak
Joseph Korsak answered on Dec 21, 2021

They can be as sloppy as they can, but there is no illegality. Unless you have a written contract of employment, you serve at will. You have no property right nor contract right in your job.

Q: EEOC Notice to Sue Letter ends November 27th

Workers compensation, work-related injury, fired because I reported sexual harassment while on the job. Received EEOC Notice to Sue letter scheduled to end November 27th. I need representation.

Timothy Belt
Timothy Belt answered on Nov 10, 2021

Use the "Find a Lawyer" function at the top of this page to locate attorney's in your area.

2 Answers | Asked in Employment Law, Personal Injury, Sexual Harassment and Workers' Compensation for Pennsylvania on
Q: Hired seasonally, then hired permanently to be fired for reporting sexual harassment, and sustained a work injury.

My seasonal role turned permanent, then I was fired weeks after reporting a sexual & verbal harassment incident; I was demoted and reported to another department and had no idea until another employee mentioned it. My vehicle was vandalized on the companies property, my timecard was deactivated... Read more »

Timothy Belt
Timothy Belt answered on Nov 10, 2021

I am not sure what your question is, but clearly you have several issues. I would strongly suggest that you contact an employment law attorney in your area as soon as possible to explore whether or not you wish to move forward with the EEOC complaint. Furthermore, if you still have issues with... Read more »

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1 Answer | Asked in Employment Law and Public Benefits for Pennsylvania on
Q: I wasn’t able to legally work for the last 5 years and I am a us citizen. Am I owed money by the government?

Hi, my name is Anonymous and I wasn’t able to go to college, nor was I able to get a job due to the fact that I didn’t have a social security number. My father used fear to scare my mom into not giving me my birth certificate (keeping me out of the system or far away from hospitals). He passed... Read more »

Joseph Korsak
Joseph Korsak answered on Oct 19, 2021

You are leaving out important facts. What was the legal bar to your employment all that time? You could have picked up a SS number on line if you needed one. What opportunities did you miss? Were you a government employee?

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I recently was separated from a job where I was subjected to verbal abuse by a trainer. Should I contact human resources
Joseph Korsak
Joseph Korsak answered on Oct 19, 2021

What's the point in reporting late ? Your complaint should have been filed before separation, not after, especially if you thought this abusive employee was complicit in someway with your separation.

1 Answer | Asked in Employment Law and Identity Theft for Pennsylvania on
Q: I was terminated for Unemployment fraud after I was a victim of identity theft I never received benefits in Pa.

I never filed for the benefits nor did I receive I was termed for this reason even though the address is not mine nor did i receive monetary from these benefits .

Joseph Korsak
Joseph Korsak answered on Oct 14, 2021

You need to notify your nearest UC office an provide whatever documentary proof you have, Remember that you will receive a 1099 for this income.

My number is 717-880-3759 Joseph C. Korsak

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Can my work lay me off due to covid shutdown then refuse to give me my job back but instead demoted me and tell me I

have to reapply for my current position?

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

Why they have labor unions.

They would have to continue your unemployment benefits. As to your rights, suggest you contact a member of the Pennsylvania Association for Justice who handles employment issues. They give free consults.

1 Answer | Asked in Criminal Law, Employment Law and Education Law for Pennsylvania on
Q: My college mandated us to get the covid-19 vaccine. We complied. Now they are utilizing wristbands to label vaccinated

Is this legal? They are using a private security company to enforce.

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

So far, it is not illegal. The law about Covid vaccination is in a process of constant changes due to the differing opinions of diverse groups. One day you are prohibited from appearing in public on a mask that conceals your identity and the next day you are required to wear one. Personally, I... Read more »

1 Answer | Asked in Employment Law and Elder Law for Pennsylvania on
Q: My job is a caregiver

I recently switched company's and my client I had with my old company changed to the current company I'm with now before I started there the client in question wants me to still be their caregiver and I would too but we both signed a paper in short that can't happen until a year has... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 25, 2021

It sounds like you have a non-compete and/or non-solicitation agreement with your former employer. If the agreement is enforceable, and you violate the terms, your former employer can sue you and your new employer. You should have your contract containing the non-compete/non-solicitation... Read more »

2 Answers | Asked in Employment Law for Pennsylvania on
Q: If I’m put on unpaid suspension, can my boss make me work my next scheduled shift, then start my suspension?

I am an hourly employee in the state of Pennsylvania. I was told I was suspended on a Wednesday or Thursday, and that I needed to work my Saturday shift, then my suspension starts Sunday.

Eva Zelson
Eva Zelson answered on Jul 22, 2021

While it seems unusual to work another shift after the decision has been made to suspend an employee, it doesn’t seem unreasonable. If possible, check with your human resources department to see what the policies are for suspensions (does the suspension period start on the day the decision is... Read more »

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1 Answer | Asked in Employment Law and Banking for Pennsylvania on
Q: If I was locked up but wasn’t found guilty can I still get a job
Peter N. Munsing
Peter N. Munsing answered on Jul 2, 2021

If you mean does it show up as a conviction it should not. It depends on the job--if it involves a security clearance, some can be denied even if you were not convicted.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Am I legally required to obtain liability insurance in PA as an independent contractor?
Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

Depends on the type of liability insurance. If you mean general liability, no, unless your contract with the person hiring you requires it.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can I win a appeal against unemployment?

I got denied for unemployment and im not sure if i should file an appeal or if im just going to waste my time in doing so.

Peter N. Munsing
Peter N. Munsing answered on Jun 4, 2021

Well, to be blunt, if you are not employed you don't have much to lose except your time, and you have free time. Without knowing the case it's hard to say but it's certainly worth a shot. If you are not working check with legal aid if someone will give you a free consult.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Work F/T in PA and on FMLA/STD for mental health. Doc says to go P/T status. If current job can’t be PT, is it a layoff?

After 12 week FMLA/STD for documented behavioral health issues, doctor recommends working P/T permanently. If my F/T position can’t be adapted for P/T hours, would my employer have to “lay me off?” If so, could I file for unemployment?

Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

You have an argument to make that you couldn't work for necessitous and compelling reasons. I would suggest contacting OVR for job help.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I used to work with a company that pays and considers 50h as full time in Philadelphia pa

The company pays $138 a day plus over time hrs. The clocking system were always broken as the manager said. We used to put the time in and out on the paper. I never get my exact working hours.

Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

You should have received a paycheck which would say the hours, unless you were a contractor. If you get a W-2 at the end of the year you are an employee and your pay stubs should have all the information. If you get a 1099, you are an independent contractor. As such you need to keep track of your... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Elder Law for Pennsylvania on
Q: This is extremely complicated and Covid related. At beginning of pandemic all persons over 60 laid off for months

Upon returning - we were required to disinfect all areas between patients with new disinfectants, masks and shields. By afternoon this had me vomiting violently. Sent home on many occasions suspected of infection. Occupational Medicine would not see me. I was consistently approved for time off... Read more »

Timothy Belt
Timothy Belt answered on May 11, 2021

That is indeed a complicated set of facts. It sounds like your doctor has indicated your condition is related to a work related chemical exposure. As such, this may be considered a work injury. If you have not already provided notice to your employer of a work injury, you have 120 days from the... Read more »

2 Answers | Asked in Employment Law, Workers' Compensation, Civil Rights and Sexual Harassment for Pennsylvania on
Q: Verbal and sexual harassment at a union job. Terminated after filing sexual harassment complaint.

Here are a few bullet points of what occurred:

1. Verbal & Sexual Harassment

2. Unpaid hours every week due to archaic system; and I can’t prove it since I was told to report hours worked to management, who didn’t consistently report my time to payroll.

3. Vehicle... Read more »

Timothy Belt
Timothy Belt answered on May 6, 2021

In regard to bullet point 4 only, assuming you reported the injury within 120 days, and a period of less than 3 years has past since the date of injury, you may still have a claim for workers' compensation benefits which may provide payment of medical as well as wage loss benefits despite your... Read more »

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1 Answer | Asked in Employment Law and Libel & Slander for Pennsylvania on
Q: My boss is harassing me. I am a union member, she isn’t, my workplace hasn’t held her accountable. What can I do?

My boss has been harassing me about personal things that have nothing to do with work. She confronts and attacks me on the job about personal things, she also texts me off the clock about those things. I’m union and she isn’t, and I’ve complained before but she never seems to be held... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 28, 2021

Unless she is harassing you because of your status in a protected class (i.e., race, ethnicity, disability, etc.) or the harassment is sexual in nature, there is likely no legal recourse. If that is the case, it sounds like your best option may be to move departments.

1 Answer | Asked in Employment Law, Workers' Compensation and Medical Malpractice for Pennsylvania on
Q: Workmen comp case hurt at work ,have 4 bulging disc

Making me clock out for therapy. I live in Pennsylvania but work in New Jersey. On light duty but not really light duty. On a hour restriction but still seem to be working over 8 hours a day

Timothy Belt
Timothy Belt answered on Apr 22, 2021

For a Pennsylvania workers' compensation claim, your employer can require you to obtain treatment outside of working hours, if treatment is available outside of working hours. If treatment can only be received within working hours, you may be required to punch out, but you may have a claim for... Read more »

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