Pennsylvania Employment Legal Questions

If you worked, you're entitled to be paid.  So your employer was wrong to "dock" your pay for that time worked.  If those lunch hours resulted in your total time being over 40 hours in a week and you're eligible for overtime pay, then you'd get overtime for all hours over 40.  Now, if your employer has a work rule that requires you to take your lunch and other breaks, then it has a legit right to enforce those work rules going forward, but not by docking your pay. ... Read More

I would suggest that you contact either the U.S. or PA Department of Labor and file a complaint with one of thier respective wage and hour divisions for unpaid wages.  The government will contact your employer and see if something can be worked out.  You can also sue your employer for unpaid wages under the PA Wage Payment and Collection Law.  If you win, you can get a 25% penalty, interest and attorneys fees. ... Read More

I'm sorry to hear about your situation.  Your employer can terminate your employment for any reason, even if its unfair.  I don't see your situation as one where you've have a right to file a claim against your employer to be reinstated.  however, I do believe that you should be eligible for unemployment compensation.  If your boss changed your scores and it resulted in lower pay or benefits or advancement for you, you might have a civil claim for slander/libel.... Read More

I don't think you can be denied b/c your employer didn't pay in unless the employer was exempt from paying in.  If the employer was exempt then employees of that employer are not eligible for benefits.  Non-profits are a common example of employers that are exempt from paying into unemployment comp.  If you are otherwise eligible for benefits, whether the employer paid in or not is generally irrelevant. ... Read More

An employee's right to reinstatement is not absolute under FMLA.  An employee can be subject to layoff or termination provided that it is not due to taking the leave in the first place.  What can happen is that you leave, your job duties are divided among other employees and the employer decides that you're no longer necessary.  There's risk in that for an employer.  Barring those kinds of circumstances, an employer will generally return the employee to an equivalent position that maintains the same pay and benefits.  have to return an individual to an equivalent position that maintains his or her pay and benefits - See more at: http://www.shrm.org/legalissues/federalresources/pages/fmla-reinstatement.aspx#sthash.afEQ3Q4s.dpuf have to return an individual to an equivalent position that maintains his or her pay and benefits - See more at: http://www.shrm.org/legalissues/federalresources/pages/fmla-reinstatement.aspx#sthash.afEQ3Q4s.dpuf have to return an individual to an equivalent position that maintains his or her pay and benefits - See more at: http://www.shrm.org/legalissues/federalresources/pages/fmla-reinstatement.aspx#sthash.afEQ3Q4s.dpuf... Read More

You can quit your job and be eligible for unemployment compensation if the reasons for your quitting were "necessitous and compelling".  That's a very subjective standard.  What is a hostile work environment for one person is not for another.  You might want to review the specifics of your situation with a employment attorney to get a more detailed response. ... Read More

Sounds like she may have a claim for overtime pay.  She needs to speak with an experienced empolyment attorney.  I presume her employer has classified her as a "manager" in order to avoid paying overtime.  Misclassification issues are very commonly used to cheat workers of wages due to them.  There's been plenty of litigation on this issue in recent years. ... Read More

Pennsylvania is an employment at will state.  There are few exceptions so even if your termination is arbitrary or unfair, it is likley valid.  But you need to share the details with an experienced employment attorney to get specific advice for your situation.  You should file for unemployment compensation benefits in any event. ... Read More

Payment of wages is governed by Federal and Pennsylvania law.  You must be paid all wages due to you w/in 15 days of the normal pay period.  Your employer cannot withhold pay due to you until the end of the year unless those wages are typically paid on a periodic basis like that.  your employer probably violated both Federal and PA law.  Wages paid late entitle you to interest and penalties.  you'll have to decide whether interest and penalties are worth making waves with your employer. ... Read More

Probably not but it depends on whether smoking has any reasonable connection to your job.  For example, if you were a perfume sales person and the smell of smoke on your clothing detracted from performing job duties or if you worked in an anti-smoking program and you smelled like smoke while working with customers/patients, then I think the rule would be reasonable and enforceable.  Otherwise, if you violate this rule and are fired, you won't have any claim for wrongful termination but you may be successful in getting unemployment compensation.  There are no laws protecting smokers otherwise.... Read More

Very difficult to give you much guidance without additional information. I'll assume the condition preventing you from working is not a work injury.  Your employer can reasonably expect you to be physically capable of performing your job duties and does not have to hold your job for you indefinitely while you are unable to do so. If your employer is covered by the Family Medical Leave Act (50 or more employees) and you've worked there for 12 months, you may be eligible to take leave under FMLA.  You should ask your employer about that.  If you are able to perform your job with reasonable accommodations, you should ask your employer about that and you might have protections under the Americans with Disabiltiies Act.    Best bet -- call an attorney with experience in employment law, discuss the facts of your situation and get some specific advice. ... Read More

Generally you can dock an exempt employee's pay if that person misses a full day of work.  However, the wage and hour provisions of the FLSA can be complicated and there are exemptions.  It would be a very good idea for you to have an experienced attorney review your current employee policy book for compliance with the FLSA and other wage/employment laws. ... Read More

If your employer is large enough to be governed by the Family Medical Leave Act and if you've been an employee long enough to be covered, you may be able to take FMLA leave for the 2 hours away from work.  FMLA can be taken on an intermittent basis.  I doubt your employer will fire you for this.  It would give you every reason to file a discrimination claim against them. ... Read More

An attorney experienced in civil litigaiton would be appropriate for this matter.  You may want to check out the Home Improvement Consumer Protection Act. It affords homeowners many rights and remedies in poor workmanship and claims against unscrupulous contractors.  The link is here:  http://www.hicpacompliance.com/hicpa.aspx Good luck!... Read More

The short answer is "probably" but, of course, the "devil is in the details."  It's great that you have the promise of an increase in writing.  I would have expected that your evaluation would have occurred before 4 years elapsed.  If the company has a handbook that says it does annual evaluations or something that shows the standard is more frequent evaluations, then you might be able to argue that you should have had the raise earlier -- provided that your performance earlier was satisfactory too.  If you've left the job I would say you truly have nothing to lose and everything to gain by raising a claim, either via a letter to the employer or by filing suit with your local magistrate.  The claim is covered by the Pennsylvania Wage Payment and Collection Law.  Remedies for unpaid wages include the back pay, penalty of 25% or interest from the date the payment was due and attorneys fees.  Under certain circumstances the owner or other decision-makers of the company can be personnally liable.  Suing them personally, if that is supported by the facts, is often a powerful inducement to them to settle with you.... Read More