Pennsylvania Employment Contracts Legal Questions

In the U.S., employment is on an "at will" basis. That means that an employer may terminate the employee at any time for any reason or no reason at all. The courts do not involve themselves in determining whether the reason is a "good" or "bad" one, or whether it is based on valid or false facts.... Read More

As a general matter, employment in the United States is on an at-will basis. This means that either party may terminate the relationship at any time for any reason or no reason at all. While this principle is limited by certain statutes that proscribe discrimination on the basis of race, religion, disability, etc., they generally do not provide protection for employees who have non-disabling conditions such as ordinary allergies. Your stated facts do not suggest that your employer has violated the law in any respect, and the same result would obtain even if you were a full-time, "permanent" employee rather than employed on a per diem basis.... Read More

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.That being said, Pennsylvania is a State that follows the presumption that all employment, unless contracted to be otherwise, is “at-will.”   This means that you can terminate your employment for an reason or no reason at all and your employer can do the same to you.  Your situation is odd in that both events happened at the same time.  My only thought for them making sure they terminated your employment for a reason is to position themselves in case you applied for unemployment.  However, without knowing more of your situation that is a guess on my part at best.If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.Robert H. GraffThe Ezold Law Firm, P.C.One Belmont Avenue,Suite 501Bala Cynwyd, PA 19004(610) 660-5585rgraff@ezoldlaw.comwww.ezoldlaw.com... Read More

Pennsylvania is an "at-will" employment state, which means if you are a non-union employee without a contract of employment, then your employer can discipline or terminate you for good reason, bad reason, or no reason whatsoever, so long as that reason is not discriminatory.  Therefore, in order to have a legal claim for wrongful termination, you would have to allege that the employer's motivation for terminating you was discrimination based upon either your race, gender, disability, age, national origin, or religion.  Please feel free to contact me directly to discuss in more detail, if you would like.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271   mdavey@eckellsparks.com On Skype @: mjdavey957   www.paemploymentlaw.blogspot.com www.eckellsparks.com  ... Read More

You should immediately contact a local employment law attorney to discuss your situation.  There are varying statutes of limitations that may become relevant, and which may bar you from pursuing any claims you may have.  It would be wise to contact a local attorney to determine how to proceed and what the statutes in your state are. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies. ... Read More

There is no formal process for removing a written disciplinary warning from your employment file.  That is a matter that is under the exclusive control and discretion of your private employer.  And, as an "at-will" employee in Pennsylvania, you can be terminated from your job for good reason, bad reason, or no reason whatsoever, so long as your termination is not discriminatory or otherwise illegal.  So, in this instance, if you were to be terminated for this petty cash incident, you would not be able to pursue a claim for wrongful termination unless you could establish that the employer fabricated the entire incident and/or falsified evidence of the infraction and used that excuse to terminate you because of either your race, sex, age, national original, disability or religion.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271 mdavey@eckellsparks.com www.paemploymentlaw.blogspot.com www.eckellsparks.com... Read More

Generally speaking, no.  If an individual is an employee, they must be paid on a W2 and taxes must be withheld.  Also be careful.... just because you label someone as an "independent contractor" does not mean that they are.  If you are improperly classifying an employee as an independent contractor, you could be liable for back taxes, penalties and interest for failing to withhold, failing to obtain workers' compensation insurance and potentially more.  The determination as to whether an individual is an employee or independent contractor is a balancing test of many different factors, which an agency or court will look at.   Michael J. Davey, Esq. Eckell Sparks Law Firm 344 West Front Street, Media, PA 19063 mdavey@eckellsparks.com  (610) 565-3700... Read More

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.That being said, in the Unemployment Compensation setting, it is the burden of the employer to prove that the employee was terminated for willful misconduct.  If the employer meets that burden, the employee can than show that he/she had a legitimate reason for the conduct that the employer states is willful misconduct.  The decision of who would “win the case” would be up to the referee.  I suggest you speak to legal counsel to determine whether you have a basis for your case and how the referee might decide based on all the facts presented.                    If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.Robert H. GraffThe Ezold Law Firm, P.C.One Belmont Avenue,Suite 501Bala Cynwyd, PA 19004(610) 660-5585rgraff@ezoldlaw.comwww.ezoldlaw.com... Read More

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.That being said, Pennsylvania is a state that follows the rule of at-will employment.  This means that one can be terminated by their employer for any reason or no reason at all.  While this is the general situation, there are ways to overcome at-will employment, including additional consideration provided by the employee in accepting the position.  While that may not be the case here, Pennsylvania’s Superior Court has held, with regards to detrimental reliance/promissory estoppel, that  “A promise which the promissor should reasonably expect to induce action or forbearance of a definite and substantial character on the part of the promissee and which does induce such action or forbearance is binding if injustice can be avoided only by the enforcement of the promise.”  Robert Mallery Lumber Corp. v. B & F. Associates, Inc. 294 Pa. Super. 504, 511.  However, without review all the facts and documents of your husband’s situation, I cannot provide a conclusion, just a response based on the information provided.If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.Robert H. GraffThe Ezold Law Firm, P.C.One Belmont Avenue,Suite 501Bala Cynwyd, PA 19004(610) 660-5585rgraff@ezoldlaw.comwww.ezoldlaw.com... Read More

  Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.That being said, unless you have a contract that states otherwise, Pennsylvania is, by default, an "at-will" employment state.  This means that you or your employer can terminate your employment relationship for any reason or no reason at all.  This also means that your employer can change your work hours and responsibilities as well.  As far as overtime is concerned, generally, overtime is to be paid for any amount of time you work over 40 hours per week, regardless of how you reach those 40 hours.  Therefore, if your employer does not have you working over 40 hours, they do not have to pay you overtime wages.If you would like to discuss this matter further, please feel free to contact me.... Read More

  Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.That being said, Pennsylvania is a state that follows the rule of "at-will" employment.  This means that your employer can terminate your employment for any reason or no reason at all.  It also means that you can terminate your employment for any reason or no reason as well.  Therefore, while an employer may offer a "probationary period," unless you receive a new contract for a term following that period, you still can be terminated from your employment.  As it relates to unemployment compensation, you must have earned enough money during your base year as well as be unemployed for reasons that are not your fault.  You may be able to find your answers to your issue at the Pennsylvania Department of Labor and Industry website:  http://www.uc.pa.gov/... Read More

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.That being said, it is difficult to respond to your inquiry without reading the entire non-compete clause in your contract.  However, generally, termination will not invalidate a non-compete clause.  Nevertheless, the employer can choose whether it wants to enforce the agreement or not.  If you are offered a new job position, it may be beneficial to speak to your former employer regarding its willingness to not enforce the agreement.  If you were terminated, especially for job performance issues, they may be willing to forgo the enforcement.  However, before accepting any new employment, I would recommend you speak with an employment attorney regarding your non-compete clause.... Read More

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.That being said if you are in disagreement with the determination of the Unemployment Office, you should be given the right to file an appeal.  This appeal would be heard before a Referee who would take testimony and review evidence and determine whether you voluntarily left your employment.  If you would like to discuss this matter further, please feel free to contact me. ... Read More

  Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.That being said, unless you have a contract or collective bargaining agreement that states otherwise, Pennsylvania follows the presumption that all employment is "at-will."  This means that your employer can terminate your employment for any reason or no reason at all.  As such, an employer does not need visual evidence or witnesses in order to terminate an employee.  Further, an employer is not required to conduct an investigation before placing an at-will employee on leave or terminating that employee.... Read More

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you.  Therefore, my discussion below is not a legal opinion but is informational only.  Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified. That being said, unless you have an employment contract or collective bargaining agreement that states otherwise, Pennsylvania follows the rule of "at-will" employment.  This means that your employer can terminate your employment for any reason or no reason at all and/or you can terminate your employment for any reason or no reason at all.  It also means that your employer can change your work schedule and assignments as it sees fit.  As for your question about tattoos, simply having a tattoo does not place you into a protected class as the protected classes are race, color, national origin, religion, sex, disability, age, citizenship, genetic information , educational degree, use of service animal or relation to a disabled person.  Philadelphia also has additional classes.  If you feel you are being discriminated against for the reason of being a member of one of these classes, you should contact an employment attorney to discuss your matter.... Read More