Employment Legal Questions

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 More

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 More

As an essential worker, you are not necessarily entitled to paid sick leave or paid family leave under the Family First Coronavirus Response Act. However, you are entitled to all other employee rights that you were previously entitled to. If you were fired for discriminatory reasons or based on retaliation, you have rights. If you believe the new administrator terminated you because of reasons related to protected classes, you may have a claim. In Florida, age discrimination is anyone age 40 or over. However, there are other forms of discrimination that may be part of the decision of your administrator. In addition, if you complained about your administrator and were later fired, you may have a claim for retaliation. It is best to contact an attorney in your area to determine if you have a case for discrimination, retaliation, or wrongful termination. ... Read More

Typically, most unemployment insurance claims are available to individuals whoa re fired, terminated, or laid off, as long as they are on the payroll for the company that ended their employment. Under the COVID-19 stimulus package, self-employed workers, gig economy workers, and other non-employee workers have been granted unemployment if they were laid off or had their hours reduced due to a lack of work from Coronavirus issues.  It appears, in your situation, you may qualify for unemployment under this stipulation. It is best to contact an employment attorney who can guide you through the process, as contacting the unemployment office at this time is almost impossible. ... Read More

The timing of your misstep was most unfortunate. Employers are bending over backwards to avoid any sexual harassment issues. There is no upside to keeping you. You could try to work with the employer with regard to future employment or employment in another division. Explain your mistake and take ownership of the mistake. Ed Dimon, Esq. ... Read More

When a person has worked somewhere for a long time, it's usually possible to negotiate a separation agreement. Were you offered any type of severance money? It is usual to be terminated after working somewhere for 20 years. It is possible that the company has violated a labor or employment rule. You should explore whether they have violated the Title VII of the Civil Rights Act or some other provision that protects workers.... Read More

If you are an "at will" employee you can be fired at any time with or without a reason. Sometimes employees take FMLA leave believing they are safe. Then on the day they return to work are fired for a completely unrelated reason. Unless some type of enforceable contract or civil service law protects an employee's position most employees have no protection absent proving discriminatory animus or motivation by their employer.... Read More

This is a difficult area of the law at this time given the virus. You are a health worker working in a health treatment environment. Where is the line to be drawn ? The hospital or treatment facility must provide you with the proper protection. You can make the decision that you do not want to do this work. However, the facility would not have to keep you employed if that were your decision. Ed Dimon, Esq. 201-892-4824... Read More

Thank you for your question.  It's advisable to speak with independent counsel before answering any questions that could result in liability.  I don't know all of the facts of your matter, but you could have signed a confidentiality agreement or other agreements.  Additionally, be advised that, the company's attorney is not your attorney.  They represent the interests of the company and don't necessarily act in your best interests.  If you think that you may have some individual liability or are concerned about it, I'd advise you to (at a minimum) have a consult with a labor law attorney or retain counsel before you are interviewed.   Stay safe and healthy.  We appreciate you.... Read More

Have you applied for unemployment? You should recover benefits immediately. If your employer honors the date for returning to work then notify DOL when you return to work. If not, keep collecting unemployment while looking for work.   At will employment means that an employer needs no reason to let you go and you need no reason to quit. But if you quit or refuse to work chances are good that you won't qualify for unemployment benefits because your not working will be attributed to you and not the employer.... Read More

We are immediately available to answer your questions and possibly represent you. We have a strong employment practice. We do need more facts.  Were you working full time ? Is this a general'reduction in force' based upon the virus ? What is happening to the Practice ? Please call immediately to discuss. Ed Dimon, Esq. 732-797-1600 extension 235... Read More

You may not even be an independent even if you agreed in writing to be one. You should call some employment lawyers. Hostility by itself is not discrimination but sociopaths sometimes slip up and discriminate. Many are pretty smart but not perfect. You should have some employment lawyer review your contract which you have to have to be an independent contractor. An employment lawyer needs to obtain some information from you. Will this business even survive the coronavirus? You may be entitled to unemployment benefits if the place has closed during the virus which it should have.... Read More

The following link to a case discussing forfeiture penalties may interest you. https://uiappeals.ny.gov/system/files/documents/574321-appeal-decision.pdf You should retain an employment lawyer who handles unemployment hearings ASAP. You asked someone to file your unemployment claim for you. That person must have been given your confidential PIN to claim benefits correct? PIN stands for "personal identification number". Will you testify under oath that this "someone" was you since you gave them your number? What reason would DOL have for assigning a PIN to you except to impress upon you that only you can claim benefits? Were you to testify in this manner, what chance of success might you have? Retain legal counsel IMMEDIATELY! You can't live without her or him.... Read More

If you do not think your company will pay, then you should enforce your agreement.  If it's in writing it should be easy to prove.  If not, then you might want to gather witnesses or other employees who can help you prove the promise to pay the bonus.  You can use their reply about seeing payment in 10 to 14 days as proof too.... Read More