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Pennsylvania Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can my employer count my vacation eligibility time from post-pandemic-layoff rehire date rather than original hire date?

I began work Nov. 2019, and was "terminated" in March 2020 due to pandemic-related business downturn. I was rehired in June 2020, although I was not required to take a drug test again or submit my driving record again. I would have been eligible for paid vacation Nov. 2020, but now they... Read more »

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

Well, if they give you a raise it looks like they are not having it both ways. Your vacation time is usually based on time accrued and does not count time off for personal days, family leave---or when you are laid off.

Year to date money means just that. If you were paid x dollars then...
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1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can application for employment in US be speeded up? I applied in November 2020. Have L2-B visa.

Hi! My name is Ana. I applied for employment authorization in US in November 2020. From USCIS I got an update that they recieved my application on November 20th 2020. I was wandering can I somehow speed up further process?

I have L2-B visa and I'm currently in US.

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

I don't wish to be snide, but you perhaps have not been reading the newspapers. Only recently was Mr. Biden able to say "yes we will have green cards" --and then the Republicans went to court to try to stop that. As a migrant you should be aware of how bureaucracies run. Whether you... Read more »

2 Answers | Asked in Employment Law for Pennsylvania on
Q: Was I wrongfully terminated?

I was fired a few months ago for making a post on Facebook complaining about my salary. Specifically, I included a pic from a hiring sign at my local Target and said that "after 2 college degrees and 3 years at my company" I was making the same hourly rate as a brand new employee at... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Feb 17, 2021

Since Pennsylvania is an at-will employment state, you or your employer can terminate the employment relationship for any reason or no reason at all, as long as the reason is not discriminatory (i.e. based on your race, sex, religion, disability, or age if you're over 40). While your situation... Read more »

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1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can a company eliminate positions due to Covid-19 & then hire new candidates to fill vacancies?

My position was eliminated due to covid-19. The same company has a new position posted on their careers page that is comparable to one I previously held. Are they required to offer this position to me or anyone else recently laid off?

Rhiannon Herbert
Rhiannon Herbert answered on Feb 10, 2021

No. However, you should contact a Pennsylvania attorney if you believe your position was eliminated and you were chosen for layoff due to a discriminatory reason (because of your race, sex, religion, disability, or age).

2 Answers | Asked in Employment Law for Pennsylvania on
Q: What is the exact definition of "Attempt to exercise FMLA rights" under the FMLA prohibitions?

What are some examples of the below meaning of "attempt"? Does this mean such if an employee who already has intermittent FMLA and makes a claim or an attempted claim to attempt to exercise FMLA? If so can an employer terminate an employee for attempting to use even if FMLA was not... Read more »

Andrew S. Abramson
Andrew S. Abramson answered on Feb 7, 2021

The definition of exercising a potential right to FMLA leave can be very broad, bottom line, is that if there is a good faith effort to ask for leave that could be protected as family medical leave, and action is taken against an employee due to that leave request, it may be considered retaliation.... Read more »

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1 Answer | Asked in Employment Law for Pennsylvania on
Q: I called an hour before my shift started to say that I couldn't make it and they are treating it as a no call no show.

Is this allowed even if I called them an hour in advance?

Andrew Lacy Jr.
Andrew Lacy Jr. answered on Feb 2, 2021

Yes, they can treat it as a no call, no show. Technically, employers have broad disrection with respect to their employment practices. Employment is at-will, and they can fire you for any non-illegal reason.

Where an employer would start to get in trouble would be a situation where it did...
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1 Answer | Asked in Employment Law for Pennsylvania on
Q: I'm in PA where wire tapping laws are 2 party consent. Can an employer use software/technology to record me?

Let's say they use a software program that has a dictate function. Is that legal?

Andrew Lacy Jr.
Andrew Lacy Jr. answered on Feb 1, 2021

This is not legal advice, just general information. But you are right, that PA is a two-party consent state making any unconsented recording illegal. This question, however, is whether you consented. In many employment contracts/handbooks, there is fine language giving an employer your consent... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I am being asked to do training and I am not sure if I need to be paid or not.

This is for a virtual medical scribe position. I am working from home in Philadelphia. The company is based in Texas. I completed pre-employment training that was unpaid. I signed a contract to start January 11. In an email, I was told the start date would be pushed back to an unknown date because... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jan 26, 2021

It sounds like this is post hire training, which should be compensated. Perhaps your pre-hire training should also be compensated. Consult a local employee rights attorney. The reality is if you suddenly become an excessively expensive employee, you will be cut. You need to weigh the benefit of... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can I get fired from a hospital after a background check comes back with a completed sis for a misdemeanor child endang?

I completed sis and a parenting class for it. It was a domestic violence situation and I didn’t have a seat for the child when we were pulled over. I was not aware it would show since i have had no issues at a previous hospital in another state. I just received a letter from the state saying... Read more »

J. Heath Dillon
J. Heath Dillon answered on Dec 29, 2020

Yes, it means that you will likely be terminated because you are unable to meet a condition of employment - namely a successful background check. Just because you were employed elsewhere after your citation and conviction for this misdemeanor doesn't protect you from a new employer's... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Employment law attorney question

If I worked in Boston Massachusetts but lived in Ohio at the time of losing my job, but now reside in PA, but company HQ’s are in Georgia, which state would/should I seek a lawyer in? Can any attorney assist with employment law in any state?

Kyle Anderson
Kyle Anderson answered on Dec 29, 2020

Generally, you can sue in the state in which the company does business or the state in which the events that gave rise to your claim took place.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can an employer in PA issue attendance points and charge an employee vacation time for the same occurrence?
Rhiannon Herbert
Rhiannon Herbert answered on Dec 23, 2020

Federal law does not require any form of paid time off to be offered to employees, so employers unfortunately have a good deal of discretion over these forms of punishment. There is nothing inherently unlawful about your employer's actions in this situation.

2 Answers | Asked in Employment Law for Pennsylvania on
Q: Minor son wasn't given break for 6 hours of work multiple times when questioned manager fired him
Kyle Anderson
Kyle Anderson answered on Dec 9, 2020

Hello. Child labor laws vary state to state. I would consult with your state's department of labor for information regarding break time for the minor.

Federal law governs the amount of time a minor aged 14 and 15 can work. The federal Department of Labor has exclusive jurisdiction to...
Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Collecting unemployment

I worked at a company for 2 years at the same job in the company as a high reach operator. They bought in a new supervisor and she changed me to another department were i had no experience or certification on the equipment. Which they told me I had to do. I am scared of heights and... Read more »

Andrew S. Abramson
Andrew S. Abramson answered on Dec 2, 2020

In order to qualify for unemployment compensation in Pennsylvania when an employee quits work (i.e. resigns) the legal standard is that there must be a "necessitous and compelling reason" for resigning. Prior to quitting, an employee should discuss the issue(s) of concern with the... Read more »

1 Answer | Asked in Employment Law, Civil Litigation and Civil Rights for Pennsylvania on
Q: Do I have to provide opposing counsel with documents that have nothing to do with the pending case.

My case is for equal pay and retaliation and now after providing excessive amounts of documents, opposing counsel is requesting access to all of my medical records. There is nothing medical related to the case therefore do I have to see sign the HIPPA release?

Timothy Kraeer
Timothy Kraeer answered on Nov 11, 2020

Typically, you do not need to provide medical records if your medical condition is not part of your claim. Realistically, an attorney would need to know more about your case to determine if there is any reason to obtain your medical records. If you do not provide a signed HIPAA authorization, they... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: I had a low blood pressure episode at work which resulted in an accident. No one was hurt. Slight damage to a truck. Wen

Went to ER Dr. Said it was a meditation issue and fixed it. Later the next day my foreman calked and fired me. Is this legal

Kyle Anderson
Kyle Anderson answered on Nov 11, 2020

More facts are needed here. Do you have an underlying medical condition that caused the accident? If so, it may qualify as a disability under the Americans with Disabilities Act ("ADA"). Employers are prohibited from discriminating against employees on the basis of a disability. I would... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can I do anything?

I was given the bakers position at work. Without formal training. I had asked my department manager and the store manager for the training. I was told I'd get it. Instead, after months and putting in extra hours,someone else was hired, without my knowledge,and I was kicked back to my job I... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Nov 10, 2020

While your situation sounds unfair, there is nothing unlawful about your employer's actions, at least from a wage standpoint. If, however, you think you were passed over for the position based on a discriminatory reason (i.e. because of your race, sex, disability, religion, or age if... Read more »

1 Answer | Asked in Employment Law, Appeals / Appellate Law and Employment Discrimination for Pennsylvania on
Q: Is Terroristic threat considered a crime

A violent crime

Charles William Michaels
Charles William Michaels answered on Oct 23, 2020

It could be, depending on the circumstances.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: If an attorney helps a client get additonal VA benefits and gets a% of the additonal benefits what is that called?
Kyle Anderson
Kyle Anderson answered on Aug 27, 2020

These arrangements are usually known as contingency fees.

1 Answer | Asked in Employment Law, Personal Injury, Business Law and Civil Litigation for Pennsylvania on
Q: Where do I go when the Pa. Dept. of labor & Industry won't investigate unlawful business practices that they themselves

Have on their website? I also have been dealing with retaliation from this former employer that directly caused further damage to my heart due to loss of income and medical expenses nearly $250,000 from fraudulent accusations that have been proven false by Pa. Unemployment.

Tim Akpinar
Tim Akpinar answered on Aug 22, 2020

At this point, with no response for five weeks, you could reach out to attorneys. Discussing the matter in confidence with an experienced employment attorney could be preferable to a public forum as well. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Employment Law, Banking and Business Law for Pennsylvania on
Q: Which box to check on the “Pennsylvania Department of State bureau of corporations and charitable organizations” form?

For amendment, withdrawal, cancellation boxes

Nellie T Schulz
Nellie T Schulz answered on Aug 2, 2020

There are dozens of forms on that website and each one has detailed instructions. Without knowing what form you are referring to or what the purpose is of the form, it’s not possible to say which box should be checked.

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