Pennsylvania Employment Legal Questions

Based upon just those details you provided, it sounds like you might have a claim for discrimination under the Americans with Disabilities Act, if your employer regarded you as having a disability (even if you don't have one) and treated you differently than similarly situated employees on the basis of that perceived disability.  I would be happy to speak with you about this matter in more detail, if you would like.  Please feel free to contact me directly by either phone or email.  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 You can contact me on Skype @: mjdavey957   www.paemploymentlaw.blogspot.com www.eckellsparks.com... Read Answer

If you injured your knees while you were in the course and scope of your employment, then your injury should be covered by your employer's workers' compensation insurance carrier.  If you reported your injury to your employer and made the employer aware of a workers' compensation-qualifying injury, it is illegal in PA for the employer to fire you for making such a claim (presuming, of course, that you worked for a non-governmental employer).  There may also be FMLA issues as well, if your employer was an FMLA-covered entity and you were an FMLA-qualified employee.  I would be interested in speaking with you about the specific details of your situation.  Please feel free to contact me directly.  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 You can contact me on Skype @: mjdavey957   www.paemploymentlaw.blogspot.com www.eckellsparks.com... Read Answer

The answer to your problem can be very complex, because there are many different issues that are interconnected here.  First, there is the question as to whether you are properly classified as independent contractors or employees under Pennsylvania's new Construction Worker Misclassification Act.  If you are employees, then you could potentially have an unpaid wage, minimum wage and/or unpaid overtime claims.  If you are independent contractors, then you would have to assert a claim for breach of contract.   Also, if you were indeed independent subcontractors, you may also be able to assert and file a mechanic's lien against the hotel property for the amount of labor and material costs you are allegedly owed and have not been paid by the general contractor.  I would need more detailed information and facts about your situation in order to determine what options would be available to you.  If you would like to discuss this matter in more detail, please feel free to contact me directly.  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 You can contact me on Skype @: mjdavey957  www.paemploymentlaw.blogspot.com www.eckellsparks.com... Read Answer

If you did not have a contract of employment or were not part of a union, the unfortunate answer is that you probably have no recourse, unless you can prove or establish that the reason for your termination was not because of the unresolved support ticket, but really was based upon your race, sex, age, disability, national origin or religion, your recent application for FMLA leave, or some other protected status.   Pennsylvania, like most other states, is what we call an "at-will" employment state.  This means that if you are an "at-will" employee (i.e., you have no contract of employment and are not a union member subject to a collective bargaining agreement), then your employer can terminate your employment for good reason, bad reason, or no reason whatsoever, so long as that reason is not discriminatory.   Even though you may not have a claim for wrongful termination, however, you may still be eligible for unemployment compensation, because a single isolated incident of negligence, incompetence or sub-par work performance is generally not enough to disqualify a claimant for UC benefits.  Please feel free to contact me directly if you would like to discuss your situation in further detail.    Michael J. Davey, Esquire 344 West Front Street Media, PA 19063 (610) 565-3700 x 271 mdavey@eckellsparks.com   www.paemploymentlaw.blogspot.com www.eckellsparks.com      ... Read Answer

There is no requirement under either Pennsylvania or Federal law that an employer must provide termination letters to former employees.  Provision of termination letters, or even of the reason for termination itself, to former employees is a matter of voluntary discretion by employers.  Please don't hesitate to contact me if you have any further questions or concerns.  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 Answer

Generally speaking, both federal and state laws require private employers to provide reasonable accommodations to legitimate religious convictions or beliefs.  With regard to immunizations for flu shots to health-care workers in hospitals, the issue can be a bit more complicated, because there becomes super-imposed a legitimate concern by the hospital-employer about the health and safety of the patients in the hospital.   However, I do not believe that PA is a state that requires flu vaccinations of hospital staff by law.  And, if the employer is allowing conscientious objectors to not get the flu shot but wear a mask instead, that may be a reasonable solution.  So, I don't think the hospital can legally discipline and terminate an employee who refuses to get a flu shot for legitimate religious reasons, especially if that person is willing to wear the mask.  I would be interested in speaking with you in more detail about this matter.  Please feel free to call me or email me directly.   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 Answer

Your employer cannot terminate your position while you are on FMLA leave in retaliation for you taking or being on such leave.  If your leave exhausted and you were still unable to return to your previous position and did not request a reasonable accommodation to be able to return, your job would no longer be protected.  I would be happy to discuss this in more detail with you if you would like, as each case is different and factually distinguishable from another.  Michael J. Davey, Esq. Eckell Sparks Law Firm 344 West Front Street, Media, PA 19063 mdavey@eckellsparks.com  (610) 565-3700... Read Answer

Generally speaking, Pennsylvania is an at-will employment state, which means that unless an employee has a contract or is a member of a union, the employee can be terminated for good reason, bad reason, or no reason whatsoever, so long as the reason is not discriminatory or illegal.  It doesn't appear from the facts you provided that your husband was terminated on the basis of his sex, age, national origin, religion, disability or race.  If so, his termination would not constitute illegal discrimination or retaliation under federal or state discrimination laws.  Pennsylvania allows for very limited exceptions for claims of wrongful termination of at-will employment where there is no illegal discrimination or retaliation.  However, some court decisions in Pennsylvania have allowed claims for wrongful termination for violations of public policy.  It is possible that your husband could argue that the real reason for his termination, i.e., refusing to allow customer to engage in public sex acts in the booths, was a violation of public policy because such activity is illegal and he should not be punished for reporting illegal behavior to his employer.  But, the odds of successfully prevailing on that argument are probably low, given the reluctance of PA courts to create new exceptions to the at-will employment doctrine.  If either you or your husband would like to speak about this matter in more detail, feel free to either call me directly at (610) 565-3700 or email me a mdavey@eckellsparks.com Michael J. Davey, Esq. Eckell Sparks Law Firm... Read Answer

Your boss may have a right to search your desk depending on why he feels he must do so, and how your office is set up.  If the documents you have are truly personal, then he could not copy them.  But it depends on what these documents are. You should meet with an attorney to explore this in more detail... Read Answer

During a job interview an employer may ask for any information it deems to be relevant to its selection decision. The more such relevant information that the employer has, the better will his selection decision be. I can perceive no reason why the employer should not be permitted to ask such questions.   Michael Caldwell 404-979-3150... Read Answer

This is a general response. It is not legal advice. This is not a simple issue and is based on individual circumstances. It would be best to contact the Equal Employment Opportunity Commission to or check their website if you have access to a computer. The Pregnancy Discrimination Act should also be researched. If your employer has 15 or more employees and treats all medical conditions similarly, you should be able to keep your job if you are pregnant and after you return while on short term disability.... Read Answer

You generally would not need a lawyer to assist you in doing this, unless the opposing party wants to claim some costs for their involvement. You can discuss with the court clerk or a judge's clerk, if a judge has been assigned, how to do this. You may need to sign a stipulation with the opposing party to do this, depending on the court's procedure. If the opposing party has filed a counterclaim against you, this will be a problem for you.... Read Answer

You need to be careful, as you need to balance safety concerns for you and other children versus the rights the child has. You should document daily events and work carefully with administration about this. It is an administrative issue, and you don't want to be caught in the middle, and be accused of abusing the child in any way. If the administration isn't helpful you should consider resigning. Whether you are entitled to unemployment compensation if you resign will be at issue. You should consult with a lawyer who can perhaps write a letter to assist you.... Read Answer

This is a general response. It is not legal advice. Your boyfriend must first contact the local court where the incident happened to determine why this charge is on his record. Also, there may be problems with why he was not hired. Both of these matters are fairly complicated so, I suggest that he hire a lawyer to assist him.... Read Answer

The general answer is yes, but there are exceptions, such as if you suffered a work-related injury, or if you are on a valid leave. However, many people feel that their doctor controls their employer's actions and this is not the case. It is best to discuss you fact situation with a lawyer.... Read Answer

Under our economic system, a company can decide to simply go out of business anytime it wants to, for good reason or for no reason at all.  From what you state in your question, the owner of the business simply decided he or she had enough and closed the business.  That's entirely the owner's decision.  Even though there may have been "enough work to sustain its labor pool," the company may not have been making a profit, the owner may have had personal reasons for closing up, or the owner may have just decided to stop working.  He has a right to make that decision.  The business is not run to "sustain its labor pool;" it is run to make a profit and provide a livelihood for the owners/investors.  The vacation pay may be another matter.  Whether employees are entitled to be paid for "accrued" vacation when a business closed or the employee is terminated often depends on state law, and I don't have enough information here to tell you much.  I suggest you check with the Department of Labor in your state. Finally, I'm assuming the business we're talking about is not large enough to be covered by the Worker Adjustment and Retraining Notification Act, (WARN) so I haven't discussed that in my answer.... Read Answer

Pennsylvania is an at-will employment state. That means you can be fired for any reason, but you can't be discriminated against. Discrimination is government by specific laws that don't seem to apply here. Therefore, if your employer thinks you should have gotten permission to leave from a supervisor, or doesn't feel you should have left at that time, or doesn't feel texting a co-worker to cover for you was sufficient, he seems to be within his legal rights to fire you.... Read Answer

I am not a Pennsylvania lawyer. However, in most states, unemployment compensation usually can only be paid to people who are involuntarily unemployed.  An exception can be made if there are facts suggesting that the employer constructively terminated you by subjecting you to treatment or working conditions that no reasonable employee could be expected to endure in order to keep a job.  However, the facts you gave do not suggest there is any basis for claiming that you were constructively discharged. If you quit, therefore, you'll be on  your own.   Michael Caldwell 404-979-3150... Read Answer

It sounds as if you should bring this issue to your employer's attention. After all, your co-worker seems to have overstepped any obligations of loyalty and fair dealing. There are criminal issues associated with identity theft. Finally, recrimination for proper use of FMLA can be dealt with either by complaining to the Department of Labor or filing suit in U.S. District Court. It's an either or not like an employment discrimination case where you file with the EEOC and then potentially sue in District Court. You may also have a case under disability discrimination law if you were to lose your job.... Read Answer

Under the law your union has a duty to fairly represent you regarding your grievances, etc.  Most labor agreements have terms which prohibit employees from pursuing grievances after a certain period of time (specified in the dispute resolution procedures in the contract).  If you filed the grievance within the required time, and your union failed to pursue your grievance within the time periods specified in your contract, you might have a claim that your union did not fairly represent you as required.  I suggest you contact an experienced labor lawyer in your area and discuss the situation with him or her to determine your rights.... Read Answer