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Pennsylvania Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Pennsylvania on
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 »

Peter N. Munsing
Peter N. Munsing answered on Aug 1, 2018

Talk to the wage hour division of the department of labor. You can file a police report.

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
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 »

Peter N. Munsing
Peter N. Munsing answered on Jul 24, 2018

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."

1 Answer | Asked in Employment Law, Business Law, Civil Rights and Energy, Oil and Gas for Pennsylvania on
Q: I'm Not getting overtime paid right

90.50 at 27 an hr an 50.50 at 13.50

Peter N. Munsing
Peter N. Munsing answered on Jul 24, 2018

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 »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Being employed as a W2 consultant am I eligible for paid holidays benefits? (does PA law requires to pay for it?)
Peter N. Munsing
Peter N. Munsing answered on Jul 18, 2018

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...
Read more »

1 Answer | Asked in Criminal Law, Employment Law, Family Law and Personal Injury for Pennsylvania on
Q: I had a parent complaint at age 35 and they are citing PTSD from the Virginia Tech massacre, almost a decade. 305 level.

They are calling basic facts about my life delusion from public service, to the danger of public service, to my small businesses when I was minor claiming my parents must have lied about me when I was a minor since I had no mental health history, to living with a doctor's family and them wanting an... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Jun 9, 2018

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.

1 Answer | Asked in Employment Law and Personal Injury for Pennsylvania on
Q: Can I sue the company that my employment agency works for for personal injury due to negligence?

The negligence is from an injury caused by unsafe working conditions, in specific, a torn fatigue mat that I tripped over to injure my knee.

Peter N. Munsing
Peter N. Munsing answered on May 22, 2018

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.

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
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

Went back to work. I never paid it all back. Can they take it out of a new workman’s comp case?

Timothy Belt
Timothy Belt answered on May 12, 2018

There should not be any connection between the 2 claims in regard to a credit.

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
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.

I’m curious as to where I stand in this process. I’ve seen a comp dr. Twice in the last month and I’m on one arm work only. I’m curious as to where I stand right now in the process. I’m told to talk to the claims adjuster again on Monday.

Timothy Belt
Timothy Belt answered on Apr 28, 2018

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... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Are employers obligated to give terminated employees access to their personnel files?

Thomas Jefferson University Hospitals, Inc. v. Pa. Department of Labor & Industry, the Pennsylvania Supreme Court held that former employees do not have the right to inspect their personnel records. Are employers obligated to give terminated employees access to their personnel files?

Richard Yaskin
Richard Yaskin answered on Apr 21, 2018

You appear to have answered your own question in the negative by citation to the controlling TJUH case. I don’t see a distinction between no right to inspect and giving access to Personnel files.

Richard

1 Answer | Asked in Business Law, Contracts and Employment Law for Pennsylvania on
Q: I had a NCA with a company that was purchased by another company. Do I still have an NCA?

The company I worked for, was purchased by another company. The new company acquired the assets and its related business and operates the acquired company through a wholly-owned subsidiary.

I did not go along with the new company so my question is whether or not the 2 year non-compete that... Read more »

Carrie A. Ward
Carrie A. Ward answered on Apr 16, 2018

You should have an attorney review your NCA for the best guidance. There may be assignment clauses and the NCA obligations may extend beyond your employment (with either company). It would be wise to engage an attorney to receive solid advice.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can an employer avoid overtime pay?

We were recently acquired by another company. I currently work three 12-hour shifts per week for a total of 36 hours. This new entity wants me to work a fourth 12-hour shift once a month, so I would have three weeks at 36 hours and one at 48 hours. This entity is trying to claim that I am not... Read more »

Andrew S. Abramson
Andrew S. Abramson answered on Apr 14, 2018

There is no “evening out” under federal or state overtime law. Each week is separate so any week where you work more than 40 hours you are entitled to overtime pay, even if you worked less than 40 hours in other weeks. You need to consult with an experienced employment law attorney. Feel free... Read more »

1 Answer | Asked in Contracts and Employment Law for Pennsylvania on
Q: After signing a offer letter and non compete letter I found out the company was under an FTC investigation. Can get out

I retired from the navy in 2106. Signed an offer letter and non disclosure agreement with a small privately held company. Purchased a home and relocated. Three months later I found out the company was under an FTC investigation. If I would have known, I wouldn’t have joined the company. With... Read more »

Carrie A. Ward
Carrie A. Ward answered on Apr 2, 2018

It may be possible, but you need to work with an experienced PA attorney review your situation and review the documents that you signed with the company. It is difficult to give you guidance without actually consulting with you directly about your situation.

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: I slipped on ice starting my work issued vehicle for a meeting scheduled before normal start of business and injured my

Arm. Is this covered by workers comp insurance my employer says no since I was at home. I think yes because I was only starting the van before I was scheduled to clock in because of the managers meeting. My van is co.pany issued and I travel most of my day as a project manager. The managers meeting... Read more »

Timothy Belt
Timothy Belt answered on Mar 28, 2018

My answer is maybe. The coming and going rule would normally preclude a claim, but there are exceptions for traveling employees, or travel for special assignments. It could also make a difference if the van is provided by the employer. It would be worth a meeting with a workers' compensation... Read more »

1 Answer | Asked in Employment Law and Car Accidents for Pennsylvania on
Q: I was in my company van and I hit a patch of ice on my way to work. I went across the median and hit a guard rail.

It is a van issued to me but the accident happened before work hours but while I was on my way to work. I was only going 40 mph when I hit the patch of ice. A police officer passed, stopped to make sure I was ok and went to the scene of several other weather related accidents. My employer was... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 13, 2018

I don't see that they can. Get a copy of the police report. Download the weather for that day. However if your employer fires you understand you should fight that if it's because he wanted you to pay. Workers comp would cover your medical bills.

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: Work called said my IME report says I can return to my full duties @ work as of friday(Secretary @ work was if Thurs).

Saw Dr on Thursday, he still has me off work. I still have trouble walking and standing long time, right now with crutch or cane. What do I need to do?

Timothy Belt
Timothy Belt answered on Mar 5, 2018

A conflict between the IME doctor and your treating doctor as to ability to work is fairly common. If you are receiving benefits for an accepted claim, the workers' compensation carrier would need to obtain a decision from a judge or a signed agreement from you before they can stop paying benefits... Read more »

1 Answer | Asked in Employment Law and Personal Injury for Pennsylvania on
Q: I suffer physical injuries and a concussion from a accident.Can my employer force me to take a dot drug test after 8hr?

Im a truck driver and my truck rolled over. My employer never contacted anybody from my emergency contacts. One of the managers came to the hospital I was in and stayed the whole time. I felt uncomfortable and pressured. He kept asking what time it was because he wanted to take me back to my job... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 5, 2018

See my earlier answer. Feel free to give me a call.

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Pennsylvania on
Q: I suffer physical injuries and a concussion from a accident.Can my employer force me to take a dot drug test after 8hr?

Im a truck driver and my truck rolled over. My employer never contacted anybody from my emergency contacts. One of the managers came to the hospital I was in and stayed the whole time. I felt uncomfortable and pressured. He kept asking what time it was because he wanted to take me back to my job... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 5, 2018

Morally yes. Illegal, no because forutnately you didn't have a major head injury related problem. However you need to follow up. If another driver was injured or if you are out of work more than a week call me as you may have other benefits you can use.

2 Answers | Asked in Business Law, Employment Law and Contracts for Pennsylvania on
Q: Can a company in PA change bonus payment structure after the close of the year, with no prior notice?

The company just released fiscal 2017 results, and we missed most targets. I then get an email saying they are changing our bonus payment for 2017, and the company as a whole will get a flat % due to poor overall company performance. I am part of a sales division that exceeded part of the bonus... Read more »

Carrie A. Ward
Carrie A. Ward answered on Feb 28, 2018

It will probably be an issue for your company if they clearly state the bonus structure in your contract. You should review your contract carefully. If you do not have a contract, your company has the flexibility to change its bonus structure as it sees fit. However, it is a major public... Read more »

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1 Answer | Asked in Employment Law for Pennsylvania on
Q: Work for a major trucking company payed for locksmith out of my pocket company only wants to give me half of money bac
Peter N. Munsing
Peter N. Munsing answered on Feb 20, 2018

see my other answer. Also, is the 1/2 at issue worth a fight with someone you may want as an employer or reference if you leave them? To me, not worth the 1/2.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Work for trucking company played for locksmith out of my pocket company only wants to give me half the money back
Peter N. Munsing
Peter N. Munsing answered on Feb 20, 2018

I assume you locked yourself out of the truck? If so that's why--you did it ,you pay for it.

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