Employment Contracts Legal Questions

I see a couple of issues here to address. First is the after hours work.  Employees who do work "off the clock" are entitled to be compensated.  This has been a hot topic in wage and hour litigation, with big employers like Starbucks being sued in class action cases.  You are entitled to be paid for this time.  Your employer can pay you up to 15 days after your regular payday and still comply with Pennsylvania wage laws.  If you aren't paid the correct amount or in a timely fashion (or both), you have the right to sue your employer.  If successful, you are entitled to interest, penalties of 25% of the unpaid amount and attorneys fees.  You can retain an attorney to represent you.  Or you can file a complaint with the Pennsylvania Dept. of Labor, wage and hour division.  That's free but they aren't obligated to take your case and if they do, it'll be a much slower process. ... Read More

If that's the only reason for termination, then no its not illegal.  If a business is purchased, existing employees can be let go.  In some instances with larger employers, employees are entitled to advance notice of the possible termination.  Someone would need more facts to provide you with a more reliable response to your question.... Read More

You should contact an attorney to discuss your rights to compensation. This is likely time he should be compensated for. Contact our office for a free consultation.    Ohio wage and hour lawyer http://mcoffmanlegal.com/practice-areas/wages-and-overtime/minimum-wage-issues-attorney-columbus-ohio/... Read More

The only way to know for sure about the deduction would be to review the health insurance plan documents and then your payroll records to determine coverage and whether you are paying in advance.  In general, your health insurance benefits will end immediately upon termination of your employment, or, in some cases, at the end of the calendar month.  Also, in general, your employer does not terminate your health insurance. Rather, the employer provides notice to the health insurance company that you have been terminated which then triggers the termination of your continuing coverage per the plan and triggers the COBRA notification requirement. Employers in this state are not required to provide any type of paid leave.  However, if they do provide such paid leave, they are allowed to adopt forfieture provisions that provide you lose some or all of your paid leave in certain circumstances.  For example, many employers have a policy that you forfeit all accrued paid leave if you are terminated or quit without notice. So, it really depends on what the employer's policy on paid leave says.  If there is no policy at all, or you do not meet the forfeiture definition, then the employer must pay you all accrued but used paid leave.... Read More

Whether a worker is properly classified as an employee or an independent contractor depends on the extent to which the business exercises control and authority over its activities.  Very generally, when a newspaper tells a writer what to cover and when, and pays the writer weekly, that writer is more likely to be considered an employee than if the writer chooses for him or herself what to write about and when, and is paid only if the paper decides to publish his/her article.  It's not an exact science, but a sliding scale.  Obviously, there are many advantages to a business which wishes to classify its workers as independent contractors, but it could get into a lot of trouble, with tax and other government authorities, if it does so improperly.  some things to think about - will the security officers be free to turn down an assignment?  Will you issue htem uniforms, weapons, and/or other equipment?  Will you have procedures that they will have to follow in their work?  How much discretion will they have in their jobs?  Will you require that they work exclusively for your company?  How much supervision will the company provide?  Most likely none of these factors is dispositive by itself, but these are some of the things you may want to consider when deciding how you want to structure  your relationship with the officers.... Read More

Your employer is required to pay you in a timely fashion. The law says payments made beyond 15 days from the regularly scheduled payday are late and you would be entitled to interest and penalties.  If you've not discussed the timing issue with your employer, you should start there.  If you can't get the matter resolved, you can contact the PA Department of Labor, wage and hour division to file a complaint.... Read More

Yes, to me that says you are resigning or at least taking an unapproved leave of absence.  It might prevent you from getting unemployment benefits.  You might try and convince the UC office that you have a necessitous and compelling reason for leaving, i.e. taking care of a sick family member.  Is your company covered by the family medical leave act?  if so, you might consider requesting leave to care for your mother.  You might be permitted under fmla to take the leave that you seek. ... Read More

First, absent a contract which limits the employer's right to terminate an employee, or a termination for a reason prohibited by statute (e.g. race, religion, etc.), an employer can terminate an employee at any time for any reason.  Second, the employee breached his duty of loyalty to his employer by taking the employer's property and profiting from it.  Had the employee not done this, the employer could have resold those goods and made the profit, or donated them to charity and gotten a tax write off.  I believe the employer is well within its rights in demanding the profits the employee made on his/her sale of the employer's property, and it would likely be awarded this amount if it sued the employee.... Read More

I am sorry this happened to you.  If you performed the work in North Caroilna, then you would likely need to file here unless you signed a written contract or agreement that said you have to file in another state.  There could be a problem in getting the company served with process if they do not have a physical presence in North Carolina and, if you can, it may be tough to collect the money.  This is not really an employment question, which is my area, so my knowledge is limited.  Best of luck to you.... Read More

There is no employment law that would prohibit video recording and no employment law that says you have a right to refuse to work if someone is listening to your conversation.  There is a federal criminal law dealing with wiretapping that prohibits someone from recording audio without being a part of the conversation or consent.  However, a notice that you are or may be recorded likely is sufficient notice for consent (think customer service calls) under that law.... Read More