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Pennsylvania Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Family Law for Pennsylvania on
Q: My daughter-in-law’s employer is requiring her to work full time for a full year after the birth of her son so that her

maternity cost are covered. If she quits before the full year is up can they hold her legally liberal for any insurance costs?

T. Augustus Claus
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answered on Nov 9, 2023

If your daughter-in-law's employer is requiring her to work for a full year after the birth of her son so that her maternity costs are covered, this is a violation of the PHRA. Even if she quits before the full year is up, her employer cannot hold her legally liable for any insurance costs.

2 Answers | Asked in Employment Law and Employment Discrimination for Pennsylvania on
Q: My two male coworkers both make $5000 more than me as the only female. We have identical jobs and responsibilities.

I have an additional one year of experience at the company and am training the new hires

T. Augustus Claus
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answered on Oct 18, 2023

It's important to address pay disparities. You may consider discussing this issue with your employer or HR department to ensure fair compensation. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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1 Answer | Asked in Employment Law for Pennsylvania on
Q: Is a home health care aide exempt from overtime. I am salary and work 50 hrs/week and get pay deducted when working less

I work for an agency. They put me on salary to not have to pay me overtime but I was told that is wrong and I should be paid overtime even though I am salary and also was told that they should not be deducting from my pay if I have to leave an hour or two early but they do deduct currently

Casey Green
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Casey Green
answered on Oct 14, 2023

You are more than likely entitled to overtime. Paying someone a salary, by itself, is not enough to overcome an employer's obligations to pay overtime. Please feel free to contact me to discuss this further.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: im in PA. have signed contract requiring 30 days notice of leaving-both parties, terminated immediately for no cause

im in PA. I have a signed contract stating that either party must give 30 days notice. my employer let me go on the spot. did not pay me my 24 hr PTO (handbook states they would) and wasn't paid for the 30 days. im a nurse practitioner and bc of credentialing, I wasn't even able to work... View More

Casey Green
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Casey Green
answered on Aug 22, 2023

You may have claims for, among other things, breach of contract and violations of the PA Wage Payment and Collection Law. Please feel free to contact our office to see if we can help.

1 Answer | Asked in Criminal Law, Employment Law, Family Law and Products Liability for Pennsylvania on
Q: How's myie family,what's and whieins myie reports date back to work,whieins the abususied mieainding foresorttied,plea's
Kathryn Hilbush
Kathryn Hilbush
answered on Jul 4, 2023

I think you need to try posing your question again. What we see here is too garbled to make any sense.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Pennsylvania on
Q: Can I sue my former employer for age and racial discrimination?

Do I need to file a charge with the EEOC?

Charles A. Pascal Jr.
Charles A. Pascal Jr.
answered on Feb 28, 2023

You have 6 months from the date of the incident to file with the EEOC or PHRC. You must do this in order to preserve your right to sue.

1 Answer | Asked in Employment Law and Immigration Law for Pennsylvania on
Q: My I-94 class of admission is DT, I came across the border. Am I eligible to file Form I-765?

My I-94 class of admission is DT, I came across the border. Am I eligible to file Form I-765 Application for Employment Authorization? What is my Eligibility category? Should I seek employment authorization under category (c)(11)? How soon can I file Form I-765 since I crossed the border?

Caitlin  Costello
Caitlin Costello
answered on Nov 16, 2022

Generally, someone who is admitted as DT can file a form I-765 under (c)(11) as soon as they are admitted. However, if it is granted, it will only be valid for as long as the status is valid.

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: I was wrongfully terminated in 1 state but reside in another. Can I choose to have court in the state that I reside?

The companies that terminated me have offices in the state where I reside

Joseph Korsak
Joseph Korsak
answered on Jul 27, 2022

You can bring an action where the wrong occurred. Simple application of venue requirements.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can employer force me to salary, I wouldn’t be making any more money, but I would be forced to work more overtime.

My job duties haven’t changed, I have been in a management position for over 3 years. I work 75% of the time on our production line to keep operations going. My employer doesn’t want to pay me 1.5 for the current overtime anymore. However, when I switch I would be forced to work more overtime,... View More

Joseph Korsak
Joseph Korsak
answered on Jul 18, 2022

This is the employer's aTTEMPT TO AVOID ot payments. Not permitted.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Employer violating handbook policy on vacation, sick and personal time .

Employer is not honoring hand book policy on leave time give. In the handbook it is stated in terms of days . Our facility is running permanent 10 and 12 hr schedule but vacation is accured based on 8 hour usage therefore does not equal the hours needed to cover stated days given. For instance 5... View More

Rhiannon Herbert
Rhiannon Herbert
answered on May 24, 2022

Unfortunately, there is no law that requires paid time off, so employers have a lot of discretion to make the rules regarding when (and how much) they offer. However, this may be worth bringing a complaint to the attention of your HR department and explaining the discrepancy if you have not already... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Is it legal for an employer to approve both a raise and bonus only for employees who did not vote to form a union?

Union vote for a segment of employees was counted 4/8. Since then a 4% raise was approved for everyone but the segment of employees who took part in the union vote and a 2.5% bonus was announced today again for everyone but those who will have union representation. Is this legal?

Casey Green
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Casey Green
answered on May 5, 2022

I'd like to hear more about this, but based on your representation, it appears to be unlawful discrimination under the National Labor Relations Act. For example, Section 8(a)(3) of the Act makes it an unfair labor practice for an

employer to discriminate against employees “in regard...
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2 Answers | Asked in Employment Law, Sexual Harassment and Civil Rights for Pennsylvania on
Q: I was fired yesterday after filing a second complaint about the same customer sexual assaulting me in the restaurant.

The restaurant has no handbook or ethics. Not even a system to file complaints. The customer is an investor and has ties with the hemp distributor ( it was a brewery). The first time in mid October the customer caressed me and I became deeply uncomfortable. As soon as I could get away I went to my... View More

Andrew S. Abramson
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Andrew S. Abramson
answered on Jan 29, 2022

The facts you present could present a retaliation claim but more information is needed to thoroughly evaluate. Please contact our law firm so that we can obtain more details.

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1 Answer | Asked in Employment Law for Pennsylvania on
Q: Hello, I was a part of a team working for a Temp Agency. We had contracts with CVS health till March 31st.

On January 18th we were notified that we were being let go from our position that day with no notice at all. Our Temp Agency was not aware of this till the day they ended our contract. Was that legal? If not how do we set up a class action against them?

Casey Green
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Casey Green
answered on Jan 25, 2022

I'd like to know more information because the answer likely depends on whether you had a contractual relationship with CVS or just the temp agency. The at-will doctrine applies in Pennsylvania and essentially allows an employer to terminate an employee for any reason or no reason. There are... View More

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... View 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... View 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... View 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... View 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.

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