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Pennsylvania Employment Law Questions & Answers
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.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I had a conversation with my boss that he recorded without my knowledge. Can he legally do that?

He never asked my permission just told me that the conversation had been recorded then pulled out his phone and made a show of speaking into it and saying that this concludes this conversation at this time/place. At no time did I agree to this

Raul Jauregui
Raul Jauregui answered on Jul 16, 2020

What an interesting, and dangerous, situation. I am a Pennsylvania lawyer so nothing that I say here, beyond get an employment lawyer now, is legal advice. That said, Pennsylvania is the kind of state where both people need to agree to recordings. Here's the statute and you can read all... Read more »

1 Answer | Asked in Criminal Law and Employment Law for Pennsylvania on
Q: Is it legal for an employer to fire you right after an accident without first filing a police report,

Backed into at work and was physically pinched between the back of a truck and a cement dock and employer refused to call police, wanted employee to fill out an incident report before medical treatment was even mentioned which the employee refused to sign, and then called the employee after hours... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 1, 2020

More details are needed to analyze your situation. Were you injured in the accident? Did you and your employer discuss filing a workers' compensation claim before you were terminated? It is unlawful for your employer to terminate your employment because you pursued a workers'... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can Walmart not pay me, worked there a few days, based on the details in the more information section of this question?

Hello all, this is probably a super specific and odd problem, but I figured I’d ask here and see where I get. I worked at Walmart for a few days, but got a call from an internship opportunity which I definitely had to take. My problem is that the person at Walmart I needed to verify my two forms... Read more »

Raul Jauregui
Raul Jauregui answered on Jun 11, 2020

It seems to me that Pennsylvania law is clear that anytime you work, particularly for a large employer like Walmart, you are entitled to some pay for that work. This assumes you were not volunteering there or at an unpaid internship. I would suggest making sure that Walmart actually has a record... Read more »

1 Answer | Asked in Employment Law and Health Care Law for Pennsylvania on
Q: I was promised a salary and override on business that I brought to a laboratory in Pennsylvania.800k later, zero to me

This is a very common scenario in the laboratory business and I am referring to a compliant EKRa compensation plan that was promised

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

Sounds like you have a breach of employment contract action. Contact an attorney who handles both.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Resignation letter revocation process

I work as a hospital pharmacist. Recently, on a Friday, I first saw several areas of concern on my back. My thoughts immediately went to my mother and aunt who died of melanoma. Was very upset. At work that evening left a brief resignation letter that my health comes first under the bosses door.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

you need to get a copy of the hospital's personnel handbook if they have one, also look at any agreements that you signed. You then need to contact an attorney who focuses their practice on employment law. You should drop off a letter to HR confirming your cancellation of your resignation. And... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: If I’m asked to break the rules by a superior and questioned whether or not I’m a team player, what can I do?

My boss is a district manager and his son is my superior, both have asked me to break rules, and I have, and corporate had specifically sent us rules to fallow. Because I don’t want to go over the head of 2 of my superiors and anger the people I have to work with daily, I quit to avoid the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

you file with the unemployment office. You explain you left because you were asked to break company policies. That should constitute a "necessitous and compelling reason." you may be eligible for a visit with an attorney with your local legal aid/legal services office.

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