Friday, May 26, 2017

FAQs for Employers Regarding Pennsylvania Unemployment Law

Philadelphia Area Willful Misconduct Unemployment Attorney Who Represents Claimants
Representing Pennsylvania's Workforce Since 1991
Questions?  John will spend 5-10 minutes with you discussing your current work situation, your disability/FMLA leave, your non-compete agreement, your wage claim, your unemployment claim or your potential lawsuit at no charge to you.  Call 610-647-5027.  John is usually available 24/7.

You may also Click Here to e-mail John directly.

Here Are the Answers to Frequently Asked Questions by Employers Posted on the Pennsylvania Department of Labor's Website

General FAQs
  1. What is Unemployment Compensation (UC)?
  2. What is UCMS?
  3. What are my UC tax responsibilities if I hire an employee?
  4. How do I register for an Employer UC account number?
  5. How do I know what my Employer UC account number is?
  6. How do I know what my contribution rate is?
  7. How do I report my wages?
  8. What if I can't file electronically?
  9. Where can I get information about filing quarterly wage and tax reports electronically?
  10. What is the difference between gross and taxable wages?
  11. What do I withhold from my employees?
  12. Is agricultural employment reportable for UC purposes?
  13. Is domestic employment (a maid or nanny) reportable for UC purposes?
  14. In a sole proprietorship, are my family's wages reportable for UC purposes?
  15. Can I project rates when deciding to lay off specific individuals?
  16. Can I retrieve archived items, such as a rate notice, from last year or the year before?
  17. Can I look up payment plan dates?
  18. Since refunds can be directly deposited into employer bank accounts, are employers required to notify UCTS when they change their bank account information? Also, do employers have the option to request that refund checks be sent to them without being direct-deposited?
  19. How do I get a Clearance Certificate?
  20. How do I tell you that my address has changed?
  21. My business is anticipating temporary layoffs. What should I do to prepare my employees?
  22. If I reduce the work hours of my employee(s), how will that affect their eligibility for UC benefits?
  23. What if I no longer have employees but expect to in the future?
  24. How do I close my business?
  25. What happens if my business has offered a job to an applicant who is receiving unemployment compensation benefits and the applicant refused the job offer?
  26. How can I obtain forms from the PA Department of Labor & Industry’s Office of Unemployment Compensation Benefits Policy (department)?
  27. Which forms may an employer receive?
  28. What is the process to request duplicate UC and/or wage information from the department?
  29. Why is the department charging me for requesting duplicate UC/wage information?
  30. Who can I contact if I have more questions?


Representing Pennsylvania's Workforce Since 1991
Philadelphia Area Unemployment Attorney Representing Employees

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania. 

John typically represents workers who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

Pennsylvania Unemployment Employment Attorney Provides Free Telephone Consultations (15 Minutes in Duration)

If you are looking for an unemployment lawyer, and live in Malvern, Wayne, King of Prussia, Downingtown, Glenside, Doylestown, Radnor, Newtown Square, Exton, Philadelphia, West Chester, Skippack, Langhorne, Haverford, Nether Providence, Broomall, Drexel Hill, Reading or any of their surrounding towns, feel free to send me an e-mail or give me a call.  I am always glad to spend some time with people via a free telephone consultation.

Need an Experienced Lawyer for an Unemployment Hearing Before a Referee In Malvern, King of Prussia, Springfield, Bristol, Reading, Lancaster or Philadelphia?

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues

Click Here to e-mail John directly; Mr. Gallagher has handled hundreds of Referee Hearings throughout Pennsylvania.

Thanks for checking in with us.

Wednesday, May 24, 2017

Ranking of Top 100 Elementary Schools in Pennsylvania

Philadelphia Area Employment Attorney Who Represents Employees
Representing Pennsylvania's Workforce Since 1991
Questions?  John will spend 5-10 minutes with you discussing your current work situation, your disability/FMLA leave, your non-compete agreement, your wage claim, your unemployment claim or your potential lawsuit at no charge to you.  Call 610-647-5027.  John is usually available 24/7.

You may also Click Here to e-mail John directly.

What are the Top Elementary Schools in Pennsylvania? What Are the Top-Ranked Elementary Schools in Chester County, Delaware County and Montgomery County?

Niche.com is a website that evaluates and ranks K-1 through University universities throughout the United States. It recently compiled and posted a list of what it viewed as the top 100 schools in Pennsylvania. Not surprisingly, 14 of the top 15 are located in Chester and Montgomery counties. Below find the top 15 list, with links to each school.  Click Here if you want to see the full list, which includes real estate information concerning the neighborhoods served by each school.

We Love Our Sugartown Elementary!!
Top Elementary Schools in Pennsylvania – 14 of Top 16 in Delaware, Chester and Montgomery Counties

1.              Hillside Elementary School

2.              Beaumont Elementary School

3.              Merion Elementary School
4.              Penn Wynne School
5.              Ithan Elementary School
6.              Cynwyd Elementary School
7.              New Eagle Elementary School
8.              Valley Forge Elementary School

9.              Gladwyne Elementary School

10.           Belmont Hills Elementary School
11.           Radnor Elementary School
12.           Penn Valley School
13.           Fairview Elementary School
14.           Devon Elementary School
15.           Franklin Elementary School
16.           Wayne Elementary School

Philadelphia Area Employment Lawyer Representing Employees

John A. Gallagher, Esquire
John A. Gallagher is an employment lawyer who represents claimants in Pennsylvania. 

John typically represents workers who need an employment lawyer in Philadelphia County, Delaware County, Montgomery County, Bucks County, Chester County, Berks County and Lancaster County.

Pennsylvania Non-Compete Attorney Provides Free Telephone Consultations (15 Minutes in Duration) 

John Will Spend 5-15 Minutes on Phone
Evaluating Your Matter at No Cost
If you are looking for an employment lawyer, and live in Paoli, Exton, Phoenixville, Downingtown, Coatesville, West Chester, Newtown Square, Nether Providence, Springfield, Aston, Broomall, Marple, Villanova, Lansdowne, Wayne, Ardmore, Bryn Mawr, Glenolden, Havertown, Haverford, Limerick, Oaks, Lower Merion or any of their surrounding towns, feel free to send me an e-mail or give me a call.  I am always glad to spend some time with people via a free telephone consultation.

Need an Experienced Lawyer for an Employment Dispute and Work or Live in King of Prussia, Media, West Chester, Norristown, Springfield, Bristol, Reading, Lancaster or Philadelphia?

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave

John Has Written on Many Topics of Interest

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues

Click Here to e-mail John directly; Mr. Gallagher has handled hundreds of  Cases, Administrative Proceedings before EEOC and Unemployment Referee Hearings throughout Pennsylvania.


Thanks for checking in with us.

Tuesday, May 23, 2017

How Can I Check the Status of My EEOC Charge of Discrimination?

Philadelphia Area Discrimination Lawyer Who Represents Employees
Representing Pennsylvania's Workforce Since 1991

Questions?  John will spend 5-10 minutes with you discussing your current work situation, your disability/FMLA leave, your non-compete agreement, your wage claim, your unemployment claim or your potential lawsuit at no charge to you.  Call 610-647-5027.  John is usually available 24/7.

You may also Click Here to e-mail John directly.

How to Check Out the Status of the EEOC's Investigation of a Charge of Discrimination

The EEOC has a Check Charge Status widget that will provide one with the progress of EEOC's handling of the Charge.  All that you need is the Charge Number.

John Routinely Appears Before EEOC
Chester County Lawyer Handling Discrimination, Harassment and Retaliation Cases and helps Workers Collect Wages, Compensation, Bonuses and Severance on a Contingent Fee Basis 

John A. Gallagher is an employment lawyer who represents claimants in Pennsylvania. 

John typically represents workers who need an employment lawyer throughout Southeastern Pennsylvania, including those working in Philadelphia County, Delaware County, Montgomery County, Bucks County, Chester County, Berks County and Lancaster County.

Pennsylvania Sexual Harassment and Hostile Work Environment Lawyer Provides Free Telephone Consultations and Contingent Fee Representation

If you are owed money by your employer, are looking for a contingent fee lawyer who is experienced in suing employers who engage in or permit discrimination, retaliation, sexual harassment or hostile work environments, and live or work in Paoli, Exton, Phoenixville, Downingtown, Coatesville, West Chester, Newtown Square, Nether Providence, Springfield, Aston, Broomall, Marple, Villanova, Lansdowne, Wayne, Ardmore, Bryn Mawr, Glenolden, Havertown, Haverford, Limerick, Oaks,  Lower Merion, Paoli, Exton, Phoenixville, Downingtown, Coatesville, West Chester, Newtown Square, Nether Providence, Springfield, Aston, Broomall, Marple, Villanova, Lansdowne, Wayne, Ardmore, Bryn Mawr, Glenolden, Havertown, Haverford, Limerick, Oaks,  Lower Merion, Malvern, Wayne, King of Prussia, Downingtown, Glenside, Doylestown, Radnor, Newtown Square, Exton, Philadelphia, West Chester, Skippack, Langhorne, Haverford, Nether Providence, Broomall, Drexel Hill or Reading and their surrounding areas, consider calling the Gallagher Law Group.

Need an Experienced Contingent Fee Lawyer to Sue Your Ex-Employer for Discrimination, Retaliation, Sexual Harassment or Hostile Work Environment?

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues

Click Here to e-mail John directly.

Thanks for checking in with us.









Monday, May 22, 2017

Discrimination and Reverse Discrimination Based upon Immigration Status, Citizenship and/or National Origin -- An Overview of the Rights of Undocumented Aliens and American Citizens to Compete for Work


Philadelphia Area Willful Misconduct Unemployment Attorney Who Represents Claimants
Representing Pennsylvania's Workforce Since 1991
Questions?  John will spend 5-10 minutes with you discussing your current work situation, your disability/FMLA leave, your non-compete agreement, your wage claim, your unemployment claim or your potential lawsuit at no charge to you.  Call 610-647-5027.  John is usually available 24/7.

You may also Click Here to e-mail John directly.

A Company Refused to Hire Me Because of my Citizenship or Immigration Status – Is That Illegal Under United States Laws Such as the Immigration Reform and Control Act (IRCA)?

The Immigration Reform and Control Act (IRCA) is a federal law enacted in 1986 that protects workers from discrimination based on immigration or citizenship status. IRCA makes it illegal to discriminate on the basis of national origin or citizenship when making decisions relating to the hiring, promotion, demotion, disciplining and/or firing of an individual. 


Truth be Told, We Are All Immigrants
IRCA also makes it illegal for companies to require more exacting work papers than ordinarily sought from applicants/new hires (i.e. papers required for verification of identity, citizenship).

As with all civil rights laws, IRCA prohibits adverse employment actions (i.e. threats, demotion, failure to promote, termination) that are undertaken as retaliation against an individual who asserts his/her rights under the statute. 

For a very detailed analysis of IRCA and some early cases decided thereunder, Click Here to jump to the American Immigration Lawyers Association 1998 – 99 Immigration and Nationality Handbook, authored by Andrew M. Strojny, Esquire.


Should be Enough Proof
My Employer Fired Me Because of my Citizenship or Immigration Status – Is That Illegal Under United States Laws Such as the Civil Rights Act of 1964 (Title VII)?

Under Title VII, discrimination based upon national origin is illegal (as is discrimination based upon race, color, sex or religion). However, if the claim falls most directly under the auspices of Title VII, that statute controls. In this context, one must carefully determine the distinctions between National Origin and Citizenship – for only a single administrative Charge with either OSC or EEOC is permitted.   

NOTE: IRCA may be used only for employers with between 4-14 employees; if the employer has greater than 15 employees, Title VII must be the basis for the Charge. See Yefremov v. N.Y.C. Dept. of Transp.

That said, a filing with OSC is understood to be a constructive simultaneous filing with EEOC and vice versa. Curuta v. U.S. Water Conservation Lab, OCAHO Case No. 92B00142
(9/24/92).

Do Title VII and IRCA Apply to all Companies and Employers? What Is My Deadline for Filing a Charge of Discrimination Under Title VII or IRCA Based Upon Discrimination Because of my National Origin, Citizenship and/or Immigration Status?

Title VII applies to workplaces that have 15 or more employees.

IRCA covers employers with between 4 -14 employees.

So, while Title VII protects employees of larger companies, IRCA attacks employees of very small companies.

You Have 300 Days to File a Charge of
National Origin Discrimination With EEOC
As with any allegation of discrimination governed by Title VII, and individual has 300 days to file a Charge of Discrimination (“Charge”) with the EEOC. So, for example, if you believe that you were laid off from work or rejected from higher due to your citizenship, you have to file a Charge with the EEOC within 300 days of the termination or rejection.

Many state laws also prohibit discrimination based on citizenship. In Pennsylvania, the Pennsylvania Human Relations Act includes such a prohibition. In order to obtain protection under the PHRA, one must file a Charge within 180 days.

One may dual-file with EEOC and PHRC at the same time without necessity for filing two different Charges.

Only Investigate Employers With between 4-14 Employees


Under IRCA, one has 180 days to file a claim with the United States Department of Justice’s Office of Special Counsel for Immigration-related Unfair Employment Practices (“OSC”).
Failure to file a Charge with the appropriate agency within the appropriate timeframe will result in a loss of rights to prosecute a claim of discrimination.

Can I File a Lawsuit Under IRCA? Is There a Private Right of Action Under IRCA?

Once a charge is filed with OSC, it makes a decision as to whether it wants to issue and prosecute a complaint on behalf of all the charging party. If it elects not to do so within the 120 days allotted to it under statute, which is often the case, the individual then has a right to file a lawsuit directly with the federal district court sitting in the appropriate jurisdiction (and must do so within 90 days of being informed of OSC’s decision not to prosecute). Hence, the IRCA administrative process is similar to that employed under title VII, although OSC has jurisdiction over the charge as opposed to EEOC.

My Company Laid Me Off and Kept Undocumented Illegal Workers – Is That Illegal Discrimination? What is Reverse Discrimination?

When IRCA was originally enacted, there was significant concern that the law would result in favoritism of aliens over United States citizens. Obviously, this type of concern has only grown over the years and is at times reached a fever pitch.

Prosecuting a claim that one has been discriminated against because of one citizenship, which often takes the form of allegations that undocumented workers were retained while American citizens were laid off, is known as a claim of “reverse discrimination.” In essence,  reverse discrimination occurs when a law designed to protect a minority is utilized in such a way as to favor the minority to the detriment of the majority.

There can be little doubt that a claim of reverse discrimination will lie under IRCA or Title VII. That said, proving discrimination, reverse or otherwise, is always challenging.  

Click Here if you Have Questions About Whether You Are Being Paid Properly When Working on an HB-1 Visa? 

Philadelphia Discrimination, Harassment and Retaliation Attorney Helping Employees Collect Wages, Compensation, Bonuses and Severance on a Contingent Fee Basis Attorney Representing Employees


John A. Gallagher is an employment lawyer who represents claimants in Pennsylvania. 
 John typically represents workers who need an employment lawyer throughout Southeastern Pennsylvania, including those working in Philadelphia County, Delaware County, Montgomery County, Bucks County, Chester County, Berks County and Lancaster County.

Pennsylvania Sexual Harassment and Hostile Work Environment Lawyer Provides Free Telephone Consultations and Contingent Fee Representation

If you are owed money by your employer, are looking for a contingent fee lawyer who is experienced in suing employers who engage in or permit discrimination, retaliation, sexual harassment or hostile work environments, and live or work in Lower Pottsgrove, Lower Providence, Lower Salford, Malvern, Marcus Hook, Marlborough, Media, Merion, Merion Station, Methacton, Middletown, Montgomeryville, Morgantown,  Morton, Nether Providence, New Hope, Newtown, Newtown Square, Norristown, Northampton, North Wales, Norwood,  Nottingham, Oakmont, Oaks, Oxford, Paoli,Parkesburg, Pennsbury, Perkasie, Perkiomenville, Phoenixville, Plymouth, Plymouth Meeting, Plymouth Whitemarsh, Pocopson,  Pottstown, Prospect Park, Quakertown, Reading, Red Hill, Ridley Park, Roxbury, Royersford, Salford, Schnecksville, Schuylkill, Selinsgrove, Sellersville, Sharon Hill, Skippack, Souderton, Southampton, Southeastern, Spring City, Spring House, Springfield, Sumneytown, Susquehanna, Swarthmore, Tamaqua, Tannersville,Telford and their surrounding areas, consider calling the Gallagher Law Group.

Need an Experienced Contingent Fee Lawyer to Sue Your Ex-Employer for Discrimination, Retaliation, Sexual Harassment or Hostile Work Environment?

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues

Click Here to e-mail John directly.


Thanks for checking in with us.

Sunday, May 21, 2017

New Jersey State Temporary Disability Insurance - You Must Work IN New Jersey to Qualify

Philadelphia Area Disability Lawyer Representing Workers
Representing Pennsylvania's Workforce Since 1991

Questions?  John will spend 5-10 minutes with you discussing your current work situation, your disability/FMLA leave, your non-compete agreement, your wage claim, your unemployment claim or your potential lawsuit at no charge to you.  Call 610-647-5027.  John is usually available 24/7.

You may also Click Here to e-mail John directly.

Am I Entitled to New Jersey State Temporary Disability Benefit if I Work in Pennsylvania for a Company That is Headquartered in New Jersey?

Almost all private employers in New Jersey are required to have temporary disability insurance (TDI) for their employees. TDI insures workers in case they suffer an illness or disability that:

• prevents them from working, and,

• is not related to their work. 


TDI may be purchased through the State of New Jersey pursuant to its Temporary Disability Law ("NJ TDL") or it may be purchased through a private insurance company.  If purchased through the State, then employees are eligible for benefits only if they work for a “covered employer.”  Pursuant to N.J.S.A. 43:21-27(a)(1) defines a covered employer as "any . . . employer subject to the 'unemployment compensation law.’”
Financial Help When
You Need it Most
Although the NJ TDL is not my area of focus, my general understanding is that only employees who actually work in New Jersey are entitled to N.J. unemployment compensation benefits; hence, if you do not work in New Jersey, you will not be eligible for disability benefits if your employer has purchased TDI from the state (private TDI policies require only that the claimant be an employee).
The Flu is Generally Not Covered

Here is a list of some common exclusions from coverage under the NJ TDL, i.e. some of the most common reasons why an individual may not be eligible for coverage under NJ TDL:

·           1.  The disability does not exceed seven days in length (the first seven consecutive days of each period of disability is known as the ("waiting week.");

·           2.  The claimant has already received 26 weeks of benefits for this 
    period of disability. The maximum number of weeks allowable for any one period of disability is 26;

·           3.  The claimant is not under medical care. He/she must be under the 
    care of a legally licensed physician, dentist, podiatrist, chiropractor, optometrist, psychologist, certified nurse midwife, or advanced practice nurse.

·       4.  The disability resulted from the commission of a criminal act or was self-inflicted.

·       5.  The claimant was discharged by his or her most recent employer for gross misconduct connected with the work because of a commission of an act punishable as a crime under the New Jersey Code of Criminal Justice.

·       6.  The claimant worked and received wages after the period of disability began. 

·       7.  The claimant continues to receive wages from the most recent employer which together with the temporary disability benefits exceeds their regular weekly wages immediately prior to the onset of the disability.

Injuries or Illnesses Suffered at Work
Not Covered (This Includes "Stress" Claims)
·       8.  The claimant received unemployment insurance benefits, Social Security Disability benefits or workers' compensation benefits for their period of disability.

Pregnancy Covered
and TDB May be Received While out on FMLA
       










Philadelphia Area Employment Attorney Representing Employees 
                        With Temporary Disabilities


John A. Gallagher is an employment lawyer who represents employees in Pennsylvania. 

John typically represents workers who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

Pennsylvania Unemployment Employment Attorney Provides Free Telephone Consultations (15 Minutes in Duration)

If you are looking for an unemployment lawyer, and live in Malvern, Wayne, King of Prussia, Downingtown, Glenside, Doylestown, Radnor, Newtown Square, Exton, Philadelphia, West Chester, Skippack, Langhorne, Haverford, Nether Providence, Broomall, Drexel Hill, Reading or any of their surrounding towns, feel free to send me an e-mail or give me a call.  I am always glad to spend some time with people via a free telephone consultation.

Need an Experienced Lawyer for an Unemployment Hearing Before a Referee In Malvern, King of Prussia, Springfield, Bristol, Reading, Lancaster or Philadelphia?

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues

Click Here to e-mail John directly; Mr. Gallagher has handled hundreds of Referee Hearings throughout Pennsylvania.


Thanks for checking in with us.

Friday, May 19, 2017

Impeach Trump Now? Harvard Scholar Lawrence Tribe Urges - Yes

One of America's Leading Constitutional Scholars Urges Immediate Commencement of Impeachment Proceedings of President Trump

In an article initially published in the Boston Globe, and republished today by Philly.com, noted legal scholar Lawrence H. Tribe, professor of constitutional law at Harvard Law School, and the citizen attorney general in the Shadow Government, @ShadowingTrump, makes a compelling case for why impeachment of President Trump - Mein Trumpf if you will - is constitutionally required without delay.  


May Be Time for Mein Trumpf to Look in the Mirror
The Trouble with Mein Trumpf - Are Impeachment Proceedings Called For?  Leading Authority Harvard Professor Larry Tribe Says "Yes"

Says Professor Tribe:

When great power is placed in the hands of one who cannot be trusted to act responsibly, we must take that power back.


That means starting now to trim President Trump's power to do irreparable harm to the nation and, ultimately, the world. That's why I've previously raised 25th Amendment questions about Trump's ability to "discharge the powers and duties of his office" and have recently called for immediate initiation of impeachment investigations - akin to convening a grand jury to consider returning a criminal indictment.
                                                      . . .
Clear proof of urgency came with Trump's boastful sharing of highly classified intelligence provided to us by Israel - about a new ISIS strategy for using laptops to blow up civilian airliners, no less - not with our allies but with the Russian ambassador and foreign minister. That urgency was underscored by what had happened just the day before, when Trump suddenly sacked FBI Director James Comey for refusing to pledge that the FBI wouldn't target Trump himself in its recently accelerated investigation into apparent collusion between Trump's campaign and Russia.

And the urgency escalated exponentially with the revelation that Comey, whose honesty no one has ever questioned, kept contemporary memos of every Trump intervention in the FBI's investigation of possible collusion between his presidential campaign and Russia...

Professor Tribe --
Widely regarded as the Foremost Constitutional Scholar
in all the Land
The Trump situation is highly disturbing, and if a scholar like Professor Tribe believes impeachment is in order now, well, who are we to disagree?

Representing Pennsylvania's Workforce Since 1991
Philadelphia Area Employment Attorney Representing Workers

Questions?  John will spend 5-10 minutes with you discussing your current work situation, your disability/FMLA leave, your non-compete agreement, your wage claim, your unemployment claim or your potential lawsuit at no charge to you.  Call 610-647-5027.  John is usually available 24/7.


You may also Click Here to e-mail John directly.