Pennsylvania Employment Legal Questions

This is not a simple question. To answer it, you should sit down with an attorney and review all of the surrounding facts. I can make a few general comments. This kind of agreement is not favored in the law. The courts will enforce it only if it is reasonable, in terms of the actual legitimate business interests of the employer. For example, it is more reasonable to have this agreement with an employee who has access to business information, such as customer lists, than with someone who does not have any confidential information. The length of time, and the geographic area must both be no longer, or larger, than necessary to protect the employer from actual harm. If the agreement was entered into after your employment began, there may be a necessity that you received something in return for signing. Putting aside the question of how much he might recover in damages, this is not the kind of debt for which your employer could garnish your wages.... Read Answer

You have several issues: (1) whether or not emails hve any expectation of privacy (2) whether and how superiors can or should access others' email, and (3) whether a hostile environment has been created or other discriminatory actions taken against you. With the facts given, it is hard to answer any of these questions.... Read Answer

If the wages paid, but not timely according to the applicable statute, then you can sue for whatever damages apply under that statute. But keep in mind that even if you win, you still have to collect on the judgment and sometimes that is the hardest part.  Unless the damages amount to a large sum, I'd suggest that you just let it go at this point.... Read Answer

As long as salary (i.e., financial reasons) is the true reason, then the discharge is probably legal. If, however, that is merely pretext for some other reason that is illegal, for example based on a protected characteristic such as age, race. religion, ethnicity, etc.), then it may not be a legal discharge.... Read Answer

You should always consult with an attorney whenever your employer has made a serious accusation against you, especially when it is false.  In this case, if your chosen field happens to be working with the elderly or in any type of institution that deals with patients, an accusation of elder abuse or patient abuse may bar you from working in this field ever again.  Therefore, it is important that you consult and retain an attorney to at least protect your record and reputation.... Read Answer

If you are on-call and may not do anything else while waiting to be called, then the employer must compensate you for the on-call time.  If, however, you are free to do what you want (within reasonable limits) while waiting, the employer need not compensate you for the on-call time. Either way though you are entitled to compensation for the time actually spent working for the employeer. Sara A. AustinAustin Law Firm LLC226 E. Market St.York, PA 17403717.846.2246 phone717.846.2248 faxsaustin@austinlawllc.com ... Read Answer

Typically, most companies have a policy that they will only provide neutral information, meaning dates of employment and job title.  This is not a law, however.  Rather, the companies typically have this policy to avoid being sued by the former employee for defamation.  Nevertheless, by law, the company can state whatever information is truthful and accurate.  So, if you were terminated for alleged performance issues, the company could state that, as long as they can ultimately prove that this information is accurate should they be sued. ... Read Answer

It is possible that your situation might be covered by the Americans with Disabilities Act (ADA). You should consult with a lawyer so that you can discuss in detail the situation and potential legal ramifications. Sara A. AustinAustin Law Firm LLC226 E. Market St.York, PA 17403717.846.2246 phone717.846.2248 faxsaustin@austinlawllc.com ... Read Answer

Pennsylvania is an "at-will" employment state, which means that unless you (1) have an employment contract that specifies under what conditions you can be terminated; (2) are a member of a union subject to a collective bargaining agreement; or (3) work for a government entity with a protected property interest in your job, then you are considered to be an "at-will" employee by default.  Therefore, unless you fall into one of the categories I mentioned, there is a strong possibility that you were "at-will" at your former employer.  And, in an at-will employment state such as Pennsylvania, an employer can terminate you for good reason, bad reason, or no reason whatsoever, so long as it is not discriminatory or retaliatory as defined under Pennsylvania or Federal law.  An employer is also not legally required to give you a reason for your termination. ... Read Answer

If you were an employee (and not an independent contractor) and your former employer owes you 3 weeks of back pay, then you can pursue a claim against your former employer for a violation of the PA Wage Payment & Collection Law.  If you are successful, an award of attorneys fees in your favor is mandatory and the court also has the discretion to award penalties, as well.   I would be happy to speak with you in more detail about this matter, if you would like.  Please feel free to contact me directly at your convenience.  Michael J. Davey, Esq. Eckell Sparks Law Firm mdavey@eckellsparks.com  (610) 565-3700... Read Answer

If your employer is covered by the Family Medical Leave Act, and if you are an eligible employee under the Family Medical Leave Act, then your employer is required to allow you to take time off from work in order to address your serious medical condition, for up to 12 weeks (presuming you have not taken FMLA leave previously in the last 12 months).  While the law does not require that this time off be paid, an employer can require an employee to exhaust accrued vacation and sick time during FMLA leave in order to continue to be paid.  If you would like to speak in more detail about your situation, please feel free to contact me directly.  Michael J. Davey, Esq. Eckell Sparks Law Firm mdavey@eckellsparks.com... Read Answer

  If others did not make it to work either, and none of those employees were terminated, it could be that you were terminated for some other illegal reason and the company is using the storm as an excuse.  If you feel the discharge was really based on retaliation for a complaint you made, or some type of discrimination, you should meet with an attorney to explore this further... Read Answer

If you contracted an occupational disease while in the course and scope of your employment, and you can prove that is where the MRSA originated from (as opposed to having contracted it somewhere else), then you may be eligible for workers' compensation benefits for that injury.  However, you are prohibited from suing your employer for negligence as the result of a work-related injury in PA.  Your exclusive remedy is seeking workers' compensation benefits.  If you would like to discuss your situation in more detail, please feel free to contact me directly at mdavey@eckellsparks.com or at 610-565-3700.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063... Read Answer

That is an extremely difficult question to answer.  First, assuming that the conditions that you listed qualify as "disabilities" under the Americans with Disabilities Act and PA law, then you would have the burden to prove that your employer terminated you either because of those disabilities, or that your disabilities formed a substantial part of the decision to terminate your employment.  You also may have a claim that your employer failed to provide you with reasonable accommodations for your employment.   However, in these types of cases, employers have a number of defenses, including arguing that you were unable to perform all of the essential functions of your job and/or that your disabilities constituted a direct threat to the health or safety of you or others given the nature of your employment, and that there are no reasonable accommodations that will eliminate that.   These types of cases are extraordinarily fact-sensitive, complex, long and are often difficult to win.  But, I would be willing to speak with you in more detail about the specific facts and circumstances of your case.  Feel free to contact me directly at mdavey@eckellsparks.com or at 610-565-3700. Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063... Read Answer

One of the exceptions to the general rule that an employee must be paid time-and-a-half for all hours worked in excess of 40 under the Fair Labor Standards Act is a "managerial" exception.  If you are paid on a salaried basis (which means that you earn at least $455/week and your salary is not reduced for quality or quantity of work performed), and your position fits the other regulatory requirements of a "managerial" position, then you are not entitled to overtime pay, regardless of the number of hours a week that you work.  However, if you are not paid on a salaried basis, or the actual day-to-day tasks that you perform are not managerial-type duties, then you may have a claim for unpaid overtime on the basis of a misclassification as an exempt employee.  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   ... Read Answer

The ruling by Unemployment is not exactly binding on other actions.  Nevertheless, you are still entitled to all your accrued and unused vacation time regardless of whether you were insubordinate or not.  You should consult with an attorney what may be a retaliatory termination and file for your unpaid paid time off with your state Dept of Labor  ... Read Answer

If your former employer is saying things about you to others that are plainly false, and those statements cause you to suffer some manner of harm (such as economic loss, job loss, reputation loss, etc.), then you can pursue a claim for defamation against your former employer.   If your former employer has intentionally made false statements to your prospective employers, which has prevented you from getting a job, you can sue for defamation and intentional interference with contractual relations on that basis, as well.  If you have not yet actually suffered a loss due to your employer's statements, then a strongly worded letter from an attorney demanding that your former employer cease and desist all defamatory statements about you, would be in order and would hopefully put an end to the issue.  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   ... Read Answer

If your stress and the medications that you are taking are due to a serious health condition for which you are under a doctor's care for, you would be entitled to intermittent FMLA leave that would allow you to take some time off from work to care for your condition.  You should get your doctor to write a letter to your employer stating (1) what your serious health condition is (2) that you are under the doctor's care for the condition (3) the condition was exacerbated or aggravated by the recent work-related incidents (4) the doctor has prescribed new medication and (5) that the doctor wants you to be off of work until Monday to recover.  Get this ASAP and give it your your employer and specifically request intermittent FMLA leave to cover those days.  If your employer then terminates you, you may have a claim for FMLA interference or retaliation.   However, even if you go on legitimate FMLA leave, the employer can still terminate your employment if its investigation relating to the pre-leave incident that you described reveals something severe enough to warrant termination.  You cannot escape potential legitimate discipline for a pre-leave incident just because you happen to be on FMLA leave at the time the discipline is handed down.  Under those circumstances, the employer would probably have a strong defense that its decision to terminate your employment was in no way related to your request for, or taking of, FMLA leave.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063  mdavey@eckellsparks.com  www.paemploymentlaw.blogspot.com   ... Read Answer

Pennsylvania is an "at-will" employment state.  This means that if you do not have a contract of employment or are not a union member, you can be terminated by your employer for good reason, bad reason, or no reason whatsoever, so long as the termination is not discriminatory or otherwise illegal.  So, in your situation, you would have to establish that you were terminated from your job (i.e., discriminated against) because of your race, sex, age, national origin, religion or disability, or for some other reason that specifically violates public policy.  The fact that your employer told you that were being fired because the company was losing money, if they hire someone else to replace you at your position and pay that individual the same or more money than the employer was paying you, that evidence would seem to suggest that the "losing money" claim was untrue and that there was really a different reason why you were let go.  However, you would need some additional evidence, beyond simply the fact that you were replaced, in order to substantiate a claim for discrimination, such as stray comments made prior to your termination, or the employer treating other employees who were in the same job as you differently than it treated you.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. (610) 565-3700 x 271  mdavey@eckellsparks.com You can contact me on Skype @: mjdavey957  www.paemploymentlaw.blogspot.com www.eckellsparks.com... Read Answer

That depends upon a couple of factors.  As a general, Pennsylvania state law provides that an employer can only consider an applicant's past criminal history to the extent that those prior convictions relate to the applicant's suitability for the specific job sought.  So, for example, a person who has multiple convictions for driving under the influence and applies to be a commercial truck driver can have his/her application rejected on the basis of those prior convictions.  Some jobs, such as public or private education jobs, are required to have criminal background checks performed by separate state statute.  And, if an employer refuses to hire an applicant on the basis of the applicant's criminal history, the employer must notify the applicant.  Second, the EEOC has taken the position that criminal background checks may, in some instances, violate federal anti-discrimination laws if the practical effect of those checks negatively affects one racial group over another.  So, in your instance, if the employer has a practice of repeatedly hiring non-caucasian applicants who have criminal felony backgrounds, but denied a caucasian applicant with a felony background who was otherwise objectively qualified for the position, a claim for racial discrimination under Title VII may be made. Finally, it depends upon where the employer is actually located and does business.  Philadelphia, for example, recently adopted a new City Ordinance that prohibits employers with 10 or more employees from inquiring into an applicant's criminal history at all during the employment application process.  Michael J. Davey, Esq. mdavey@eckellsparks.com... Read Answer