Pennsylvania Employment Legal Questions

If you case is filed in a federal court, you should be able to access the court docket to check on the status of your case.  I presume you have copies of your court papers if the case is pending in court.  You should contact the court right away.  Here is a link for the court dockets:  http://www.uscourts.gov/about-federal-courts/federal-courts-public/court-website-links  ... Read More

I don't think there's a definitive answer to your question.  Legally your appeal should not be a factor in hiring decisions by the state in future.  However, to the extent your appeal is a public record (I don't know that it is), its possible that a future potential employer might engage in a public record search, see your case against a former employer and shy away from hiring you.  That's pure conjecture on my part.... Read More

Your employer is required to pay you for all hours that you actually work.  That being said, your employer can require you to observe a lunch break. It doesn't matter whether a break is required by law or not (it probably isn't).  If you work through your lunch break despite your employer's rule, you should be paid but you could be subject to discipline for failing to follow a work rule.  Best bet -- take the lunch break. ... Read More

I'm sorry to hear about your job loss.  Based upon the facts you present, it would be difficult to say whether there's something unlawful going on or not.  These types of situations are always complicated and companies don't always share the full set of facts with employees (nor are they required to do so).  It does sound odd that they are firing and then offering to rehire -- perhaps to reduce wages.  maybe the company was acquired?  There could be a variety of reasons for this.  You should contact an employment attorney who can ask you lots of questions about the situation to see if there's something amiss ... Read More

An employer's right to withhold money from an employees wages is quite limited.  Although federal law does not require an employer to obtain the employee's consent to clawback overpayments, there are restrictions on how much can be withheld at any one time.  State law may require written permission.  Best bet is to call a local employment atrorney and have your situation reviewed to get specific advice.... Read More

The quick answer is probably not.  I know that seems unfair, especially if you were terminated through no fault of your own.  You'd have to review the terms and conditions governing your employer's plan and your employment handbook for a more specific answer.  Assuming for a moment that there something in those documents that might give you a reasonable argument, is there enough in contributions to justify retaining counsel to fight?  After two years on the job it might be a close call from a cost-benefit point of view .... Read More

The wage and hour rules in pennsylvania and federal law are fairly specific about what is compensable work time.  Many employers have been found in violation of wage rules for off-the-clock work they receive from employees -- especially before and after end of "shift".  There may be a valid wage and hour claim here.  You should seek the advice of an attorney. ... Read More

There are several laws that might impact your situation.  There is nothing unlawful under PA workers comp law about terminating an employee who is out on workers comp.  Workers comp does not require your employer to hold your position for you.  There are some exceptions but that's generally the rule.  If you were given FMLA leave and you followed applicable rules notifing your employer that you are ready to return to work and can return to your former position without restrictions or modifications, then maybe your employer violated FMLA.  Maybe a law protecting workers with disabilities would offer some protection to you.  I'd encourage you to contact an attorney who can go over the facts of your specific situation and who can give advice that fits. ... Read More

That is just awful.  I'm sorry this happened to you.  The law does not entitle you to a severance package.  Your remedies depend on whether you have a written employment contract or your employer's internal policies.  Perhaps one of those speaks to the issue.  If you don't have a contract and your employers' policies are silent on the issue, there's an outside chance that you could negotiate a severance based upon your reliance on a promise of employment.  that promise being "broken" by the employer after you arrived.  It's a tough case and I'd want to see the job offer letters or communications to see if there's anything that helps or hurts your case. ... Read More

No it is not illegal.  If you requested a day off according to your employer's rules, they reason you take the day off is irrelevant.  If you didn't have the time to take or didn't follow procedues, your employer could terminate you for violating work rules.  There's nothing in PA law that guarantees a worker the right to take time off from work for a death in the family. ... Read More

As a general rule, employees are entitled to be paid overtime at one-and-a-half times their regular hourly rate for all hours worked over 40 in a single workweek. So, if your regular workweek is defined by the employer as being Monday through Friday and you work 45 hours one week, then 35 hours the next week, even though your paycheck for that pay period would only show a total of 80 hours, you would still be entitled to 5 hours of overtime that pay period. I have difficulty believing the employer's statement that no overtime was worked in a pay period where you worked more than 100 hours in a 2-week span.  I would be happy to discuss this issue in more detail with you. Please feel free to contact me for more details.    Michael J. Davey, Esq. mdavey@eckellsparks.com 610-565-3700... Read More

Yes non-compete agreements are enforceable under Pennsylvania law.  Whether your agreement can be enforced to prohibit you from engaging in your current intended work is a matter of the facts and circumstances of your situation.  What were the facts pertaining to your signature on the agreement?  Did you sign it close in time to when you began your former employment?  Were you offered adequate consideration in return for signing the agreement?  Does your intended employment actually violate the terms of the non-compete?  This analysis is fact specific.  You should consult with an attorney who understands these agreements so that you can specific advice and suggestions on how to respond to your former employer's letter. ... Read More

It is unlawful for an employer to discriminate against older workers (over 40) in advancement and promotion due to the worker's age. Not all employers are covered by the Act. However promoting younger workers over older workers is not, by itself, proof of unlawful age discrimination.  In order for you to get an opinion on whether you have a valid claim, much more facts are necessary.  I'd also encourage you to look at this link with the EEOC to learn more about age discrimination:  https://www.eeoc.gov/laws/practices/index.cfm#job_assignments  ... Read More

Maybe.  Someone would need to review the terms of the non-compete and compare it to the alleged actions of the employee.  One would also need to understand the facts and circumstances relating to when the employee executed the non-compete to determine if its enforceable.  Even without a non-compete, employees have a common-law duty of loyalty to their employers and should not "convert" potential customers of the employer for their own benefit and profit. ... Read More

The fact that its governed by California law and you're in Pennsylvania (I assume) does not necessarily affect its enforceability.  The law pertaining to non-compete agreements is complex and fact specific.  You should consult with a California lawyer and provide the detailed facts pertaining to your receipt, signing and timing of the agreement to get a better idea of whether its enforceable.  Even if an attorney tells you that its a weak agreement, you need to be prepared to deal with the consequences of acting against the non-compete and dealing with the employer trying to enforce the agreement.  Defending a lawsuit is very costly and time consuming. ... Read More

I'm sorry to hear about all of this -- I know it's traumatic.  On the workers comp matter, you should contact the workers comp company directly to ensure that a claim has actually been opened and that it is being processed.  You may not have to use the company doctors.  It sounds like the company did not follow the rules that would require you to do so.  You may be able to use your own doctor and bill the comp company.  As for the health insurance, the employer may or may not have done something wrong.  It depends on whether the insurance is pad in advance or after the fact.  The premium for the April coverage may have been paid at the beginning of the month and the deductions from your pay are to cover that prior payment.  BUT you should have received a notice of your right to continue the health insuranc coverage under Federal or PA COBRA law.  You should contact the employer and ask for specifics of coverage continuation. ... Read More

I'm certain that the managers' disclosure of your private health insurance (assuming you did not talk about your workplace about your health issues) is a vilolation of you rights.  In addition, the managers making the reason for your failed test to be something other than it is can give rise to a claim for defamation.  I don't think either will necessarily get you your job back but you may have other claims to raise against your employer and the managers individually.  I do think you'd be eligible for unemployment compensation benefits and you should apply right away. ... Read More

In Pennsylvania an employee without a contract for a specific term of employment is deemed an at-will employee. Subject to certain exceptions (e.g., age, gener and other discrimination, violations of public policy), an at-will employee can be terminated for any reason or no reason at all.  The outcome of your unemployment comp case does not indicate that you were unlawfully terminated.  Even if the reasons given by your employer intially for your termination were totally wrong, they can still terminate you for no reason or a different reason.  I'm sorry that's surely not what you want to hear.  Perhaps if you consult with an attorney and provide them with more detail about your situation, other claims that you may have can be identified.  ... Read More

Not all employers are covered under the WARN Act.  If the scope of the layoff is only 6 employees, then even if your employer is covered by the WARN Act, it is unlikely that it would be required to provide the 60 days notice.  The WARN Act does not prevent the outsourcing, it only requires 60 days notice.  Sounds like you're effectively on notice now and maybe shopping around for new employment is in order. ... Read More

I think your employer has a legitamate interest in controlling communications between its employees and customers so I don't see any problem with the document.  I do not think it is intended to interfer in your pre-existing social relationships with parents who happen to be customers.  But it might be best if those parents are trying to communicate with you about issues pertaining to your employer, that you encourage them to communicate directly with the daycare. You can tell them about the policy and I'm sure your friends will understand if you have to limit certain communications with them. ... Read More