Pennsylvania Employment Legal Questions

I suggest an accountant or bookkeeper are a better fit for an audit.  I trust this answers your question, but do not hesitate to call or email with any questions. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Generally, employment in PA is known as at will.  You can be hired, fired, demoted, or promoted for good cause, bad cause, or no cause at all.   One exception is for prohibited discrimination. Another exception would be the existence of an employment contract.  You referenced breach of contract and if you do indeed have one, the terms of the contract govern the relationship.  Accordingly, any attorney whom you consult with would need to review a copy to better advise you.   I trust this answers your questions, and, if you live in the Delaware Valley, feel free to call or email on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Generally, the PA Department of Labor takes no action to collect such overpayment, other than mailings.  I have never seen such a matter pursued in court. I trust this answers your question, but feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

It sounds like you may be a victim of discrimination. It's illegal to discriminate based on a person's medical condition or their need to get treatment for a medical condition. Also, under the medical marijuana act, employers are not permitted to terminate you for having a medical marijuana card. There is also a chance here that they may have retaliated against you for filing a Workers' Compensation claim. I strongly recommend that you get a consultation with an employment and disability lawyer. Many of us would be happy to provide a free and confidential consultation. All you need to do is ask. Eric A. Shore... Read Answer

Most employment is at will which means that an employee can be hired, promoted, or fired for good cause, bad cause, or no cause at all.  Absent statutory protection for certain classes of people against discrimination, an employer is free to act as he she or it wishes and the employee is free to quit at any time. I trust this has been helpful and, if you are in the Delaware Valley, feel free to call or email me on a free initial basis.   Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

  As employment law is not my main area of practice, I sought advice from a local employment attorney who provided the following advice. As a general matter, an employer can require vaccination (and proof thereof) unless the employee has a documentable medical reason (i.e., disability), confirmed in writing by a treating physician; or religious reason, confirmed in writing  by clergy. If you fall into one of these categories, please advise as the law may protect you. Otherwise, there is no currently recognized legal protection for refusing an employer’s request to take the vaccine.  Feel free to call or email me for any follow up.   Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

As employment law is not my main area of practice, I sought advice from a local employment attorney who provided the following advice. As a general matter, an employer can require vaccination (and proof thereof) unless the employee has a documentable medical reason (i.e., disability), confirmed in writing by a treating physician; or religious reason, confirmed in writing  by clergy. If you fall into one of these categories, please advise as the law may protect you. Otherwise, there is no currently recognized legal protection for refusing an employer’s request to take the vaccine.  Feel free to call or email me for any follow up. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Hello,  My firm handles employment-related legal matters. I can offer a free consultation over the phone. The purpose of the call will be discuss your situation in more detail so that I can fully evaluate whether you have any viable legal claims. Please provide your name, phone number and email address. I will be in touch to schedule mutually convenient time for the consultation. Thank you. ... Read Answer

Hello,    Generally speaking, if you were laid off and not terminated for something that rises to the level of wilful misconduct, then you should qualify for unemployment. However, there are some exceptions. Feel free to contact my office for a free consultation. (215) 967-1544 or jwc@lawjwc.com... Read Answer

Hello,    You might qualify for unemployment under these circumstances. The general rule is that if you voluntarily reisgn, you are only eligible for unemployment  if the resignation was for a "necessitous and compelling reason." Also, you only qualify if you have exhausted other available remedies. For example, in this case, it may be best for you to see if your employer is taking reasonable steps to protect its employees, such as enforcing social distancing practices and/or providing personal protective equipment before you resign or otherwise refuse to show up for work. Ultimately, whether you would qualify for benefits would depend on the specifics facts of your situation. ... Read Answer

Hello Mr. Bernardo,    Claustrophobia might be considered a disability under the Americans With Disabilities Act. Whether you have a case against your employer arising out of your termination would depend on the answer to several question, including: 1) Have you formally been diagnosed with claustrophobia? 2) Was your employer aware of your diagnosis? 3) Did you request an accommodation related to your claustrophobia (such as having more space between workers)? There may be other relevant questions or issues depending on the specific facts of your case. You should consult with an employment law attorney for further guidance. Feel free to call or email my office: Law Office of Jonathan W. Chase - (215) 967 1544 / jwc@lawjwc.com. I can offer you a free consultation at your convenience. ... Read Answer

Hello,    If you are a salaried employee that is exempt from the overtime laws, then it may be legal for you to get paid even though you did not actually work. For example, it is common for a salaried employee to receive their full pay for a week even if they took a day off that work.  However, if you are non-exempt, and you are workingin more than 40 hours per week, you may be entitled to overtime. An experience employment law attorney can help you determine whether you are properly classifed as exempt or non-exempt and wether your employer's payment practice is legal. ... Read Answer

You have two years to file but you may not have a claim.  Pennsylvania is an employment at will state.  That means even if your employer was 100% rong about you violating policy, they can still fire you.  If you had a contract that governs the terms of your employment, then the answer might be different.  In any event, you'll want to consult with an attorney, give them the full details so they can help you understand your rights and possible remedies.  ... Read Answer

You are entitled to be paid for all work that you do.  If your employer knows, or should know, that you're working through your lunch, they are required to pay you for the time.  You can assert your right to back pay.  They'll probably balk at that but they'll be wrong.  But, going forward, if they require that you take a lunch break, whether you want it or not, and you refuse, they can discipline you for your refusal to follow work rules.  You may need an attorney to assist you with the back wage claim if your employer refused to pay for the time  ... Read Answer

Why is your union not involved in this matter on your behalf to assist?  I don't think it'll make sense to "sue" over a 3 day suspension in any event and no, it is extremely unlikely that you'd be awarded punitive damages in the unlikely event that this matter results in litigation.  ... Read Answer

I've never heard of someone being teased about hand washing.  Why do you think this is happening?  Are you in there an excessive amount of time?  Why not just ignore it? If they don't get a rise out of you, they'll no longer be entertained and I'd think it would stop.  I certainly don't see any type of claim herre and would not justify you leaving your job or a leave of absence of any kind.... Read Answer

The answer to this queston rests primarily on your position with the employer and your proper classification under the Fair Labor Standards Act.  I'm guessing that you are classified as an exempt employee and you're paid salary.  Truly exempt employees are not entitled to overtime pay.  BUT the queston is are you accurately classified as exempt?  You'd need to have a detailed conversation with an employment attorney about this.  Assuming you are misclassified, are you prepared to present this to your employer?  There may be repercussions. ... Read Answer