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Pennsylvania Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Health Care Law for Pennsylvania on
Q: My brother in law's company is asking for my medical records. Is this a HIPAA violation?

I do not work for the company and I was in quarantine for COVID-19 with a negative result. They won't allow him to return to work without documents of my negative results.

Peter N. Munsing
Peter N. Munsing answered on Mar 30, 2020

If he gets a negative test that should end it. They can't make him produce your records--that's silly. But assuming he wants his job......

Not sure why they'd want yours anyway. But they can't tell someone they can't work based on a third person's status.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: A couple from my 2and job while having been off for over a week because of the worldwide pandemic. have been fired.

No notice was give. what are their rights as to have done nothing to deserve to be fired?

Peter N. Munsing
Peter N. Munsing answered on Mar 30, 2020

They can get unemployement with no 5 day waiting. Hard to say if they have other rights as it's not clear why they were "off"---the fact that there is a pandemic doesn't get them off work if the workplace is legally open. But they should contact unemployment.

2 Answers | Asked in Employment Law, Social Security, Workers' Compensation and Health Care Law for Pennsylvania on
Q: If you come down with Prostate cancer can you get disability

need a lawyer from Pennsylvania pittsburgh area

Scott F Bocchio
Scott F Bocchio answered on Mar 27, 2020

Hi, it is possible. Much of the case depends on the actual prognosis and treatment plan going forward.

Scott Bocchio, Esq.

855-254-7841

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1 Answer | Asked in Employment Law for Pennsylvania on
Q: I am a commission only sales person in PA. Can my employer mandate the hours I work?

I do not receive compensation for gas and I must use my personal cell to update company every night on my activity. They have mandated that I work two evening per week and Saturdays.

Carrie Dyer
Carrie Dyer answered on Mar 18, 2020

Your employer can require you to work any hours - including evenings and weekends. You should consult an employment attorney to ensure you are being properly compensated for all of those hours. If you are properly classified as an exempt outside sales employee, then your employer is not required... Read more »

1 Answer | Asked in Employment Law and Social Security for Pennsylvania on
Q: I worked for 24 years and then had to stop working for 7 years to take care of my sick husband who passed away in 2012.

I worked for 24 years and had to stop for 7 years to take care of my husband who was dying and on SSDI. He passed away in 2012 and I went back to work, after just 3 months I got hurt on the job and lost my thumb. I tried to go out on my own SSDI and they told me that I couldn't collect my SSDI... Read more »

Scott F Bocchio
Scott F Bocchio answered on Mar 18, 2020

Hi, I am very sorry to hear about your husband. You can begin to collect Social Security Retirement at 62 1/2. You will receive less by taking the money at age 62 1/2. If you waited until 67, you would receive a greater amount per month. You would never be able to apply for SSDI since your credits... Read more »

1 Answer | Asked in Employment Law and Immigration Law for Pennsylvania on
Q: H4 Status when H-1B revoked by old company

Hi,

I recently changed my job and my H-1B has been filed by new employer and it is not approved yet. My spouse H4 (form I-539 approved and valid until May 2022 from my previous employer) was not filed by new employer.

Couple of days back my H-1B (form I-129) has been revoked by my... Read more »

Adan Vega
Adan Vega answered on Feb 24, 2020

If the FORM I-129H by your spouse’s employer was filed with USCIS before the withdrawal of the H-1B by the prior employer then the H-4 status, in general, remains valid.

However, you should request guidance from your spouse’s employer who is assisting with the filing of the FORM...
Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can I collect unused vacation time if I was terminated (I live in Pennsylvania)

I recently accepted a new job, and gave my current employer a three week notice. They came to me today stating that Friday would be my last day, and they were terminating my last two weeks of employment. I have 18 days of unused PTO time. Am I able to collect that? In the employee handbook it... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Feb 20, 2020

The Fair Labor Standards Act only requires that you be paid for hours worked, and unused PTO does not qualify as "hours worked" under the law. Thus, while you don't have any legal recourse if your employer refuses to pay out your unused PTO, you can always inquire about this with... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for Pennsylvania on
Q: Is a restaurant employer allowed to terminate me after written warnings where I was sick with a contagious illness?

I have worked in a restaurant for the past 4 years. Recently the state of management has gone downhill. As someone who also works in the medical field, I understand I, as an employee, am not allowed to go into work around food with contagious conditions. I provided them two seperate doctors note... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

You should file for unemployement as you were not terminated for cause where you had necessitous and compelling reasons.

7 Answers | Asked in Workers' Compensation, Employment Law and Personal Injury for Pennsylvania on
Q: Does liability insurance coverage, cover wage compensation or just medical?

I slipped and hit my head at my place of employment but was not on the clock. ER diagnosed me with a concussion and whiplash. I've been off work since Nov. 8th. My employer said her insurance doesnt cover missed wages.

Mark Scoblionko
Mark Scoblionko answered on Dec 5, 2019

You should consult a worker's compensation lawyer to see if you have a worker's compensation claim even though you were not on the clock. Secondly, if you fell because of the employer's negligence, the employer's liability insurance would potentially be responsible for lost... Read more »

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1 Answer | Asked in Employment Law for Pennsylvania on
Q: Do i have a case?

I was recently terminated from a job at a county prison. I was sent a female inmate that resembled a male. I did not pat her down, breaking policy. However had i patted her down i would have been in trouble for patting down a female, also against policy. A female inmate never should have passed 4... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 26, 2019

1) did her paperwork indicate gender? 2) its not clear if you didn't pat her down because you thought she was differently gendered or what. I'd suggest you contact the union rep, also appeal the unemployment denial and also contact a member of the Pa. Assn for Justice who handles... Read more »

1 Answer | Asked in Appeals / Appellate Law and Employment Law for Pennsylvania on
Q: won unemployment appeal employer didn’t show now employer appealed the decision

Employer said it was due to rule violation but never showed for appeal hearing. I never got written up or signed anything and no handbook and I won now he appealed it

Peter N. Munsing
Peter N. Munsing answered on Nov 26, 2019

Anyone can appeal anything. Doesn't mean they win. If the appeal is from the initial determination/examiners decision they can try to introduce evidence. If it's appealing a referee decision, they are stuck with the record.

2 Answers | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: I would like some help with my unemployment appeal. My old employer is really making things up. This would be my 2md tim
Andrew S. Abramson
Andrew S. Abramson answered on Nov 22, 2019

You should retain an experienced employment law attorney to represent to at the hearing. If you are located in Pennsylvania we can assist.

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1 Answer | Asked in Criminal Law and Employment Law for Pennsylvania on
Q: I did something completely stupid I was caught on camera how do I avoid jail time
Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Nov 19, 2019

Get a good lawyer. You dont give enough information for any other answer

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: I think I was discriminated against by my employer for a union vote.
Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

Be tough to show but contact the union for starters, the look for a member of the Pa. Assn for Justice who handles employment claims.

1 Answer | Asked in Employment Law and Securities Law for Pennsylvania on
Q: CPR certification.

As a childcare center worker in Pennsylvania, from the start date of one's job how long is an employee allowed to go without being CPR certified.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 15, 2019

This is not a securities law question.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I have been out of work do to a work related injury for over a month. I have a Union Job and have a scheduled vacation?

My scheduled vacation is going to fall while I'm still off work, under workmans comp. Do I have to take this vacation as scheduled or do I have a right to reschedule?

Peter N. Munsing
Peter N. Munsing answered on Jul 29, 2019

Ask your comp lawyer. Normally you can collect for any vacation time you loose, but in this case if you have the option to re-schedule you aren't required to spend your vacation laid up.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Lifeguard recertification training - do I have to pay for it?

My daughter is a swim instructor. My daughter completed lifeguard recertification training through her employer. Her supervisor told her that in lieu of paying my daughter for her time ($60) and then having to charge her for the course ($100), she just wouldn't pay her for the time and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 19, 2019

They should have told her up front and she certainly should be sure that their certification is good anywhere--check with a Y. It's a question does she want to work there or not. Yes it's tacky but a wage hour complaint may mean all the sudden they have no hours for her. As they are... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I am currently a 40 hour full time employee working in physical therapy for the same company for 2.5 years. Our practice

practice has slowed down and I was informed that my position is now going to be taken to what they are calling a Regular Part Time non exempt status. Verbally I was told it would be 30 hours with continued healthcare and benefits. My company wants me to sign a letter agreeing to this new contact... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 19, 2019

I don't think you signing would be a problem as long as they state that this is not a reduction due to your conduct but just their business. Why not ask unemployment first? (for what it's worth, I understand the VA was looking for PT's).

1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for Pennsylvania on
Q: Can she do that? What can I do ? Do I have to pay the bill? I don’t believe I should since I didn’t sign a contract.

I worked at a daycare from December 11 to March 22. I was expected to get paid today and didn’t due to some daycare expense issues. I “owed” $690 in daycare expenses and had a plan set up with my boss to take out $50 biweekly. since I had to relocate, due to not having a place to stay nearby... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 1, 2019

Let me break it down for you: If you received $690 more in daycare services than the amount of your paycheck--and then quit working at the daycare--it does not appear unlawful for your employer to withhold and apply your last paycheck to cover a portion of what you owe them. Nor do they have to... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: My wife's Pennsylvania employer just sold the company (private corporation). The new owners are firing everyone.

The new owners are giving 2 weeks notice but not paying for earned or accrued vacation. Is this legal?

Peter N. Munsing
Peter N. Munsing answered on Mar 18, 2019

1)While still in the company everyone needs to get a written statement of accrued vacation etc. 2) this would be a claim to make against the owners that sold. If you don't get anywhere the US department of Labor Wage & Hour Division.

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