Friday, March 12, 2010

Common Employment Law Questions in Pennsylvania

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MY BOSS TOLD ME IF I DON’T QUIT I WILL BE FIRED – WHAT SHOULD I DO IN PHILADELPHIA?

Pennsylvania employers often try this tactic to avoid paying unemployment. I think it is rarely appropriate to quit when faced with termination. In general, an employer that gives an employee that choice is trying to gain a leg up on an unemployment claim. I counsel to let them fire you, and then deal with the separation honestly in future interviews. After all, whether you quit or are fired, an interviewer is going to ask for additional information about your last job, and you are going to have to honestly explain the circumstances. I suppose, though, that some of us feel that if we state truthfully that we resigned, we can fudge the details when asked why. In any event, if one is going to resign from a job, it is wise to state in an e-mail that you are resigning because you been told you will be fired. Then, you can use that e-mail at any future unemployment hearing. Most companies do not give out information on why a separation came about, anyway, so it will be up to you in the interview to explain the separation in any event. Copy and paste this ling to learn more.

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I HAVE NOT BEEN PAID FOR OVERTIME AND ALL OF THE HOURS THAT I HAVE WORKED, WHAT CAN I DO IN WEST CHESTER?

Pennsylvania employers are required to pay employees for all hours worked. The failure to do so may violated the Fair Labor Standards Act if the unpaid hours are overtime, or if the total paid to the employee divided by the number of hours worked falls under the minimum wage. State laws in nearly every state also provide protection for employees who are not paid for time they worked, SUCH AS Pennsylvania’s Wage Payment and Collection Law. You may want to put your request for unpaid wages in writing, maybe via e-mail (which is the new "traditional" form of written communication). Doing so may provide you some protection if you are suddenly fired. If a group of people have not been paid, it gives you even more power if you assert a complaint on their behalf as well. (a generic complaint, you need not be specific). Copy and paste this link to learn more.

DO I HAVE A SEXUAL HARASSMENT CASE IN KING OF PRUSSIA?

Pennsylvania employers must act in accord with Title VII. In order to have a sexual-harassment claim with significant value, one needs to show that one suffered adverse employment action (the motion, failure to promote, termination, suspension) because one refused sexual advances, or that the employee suffered an adverse employment action that was a retaliatory response to a complaint made to management concerning sexual-harassment.

Here, the gist of your e-mail suggests that your termination did not come about because of your refusal to relent to your boss's sexual advances, or to a complaint you made about sexual-harassment , but rather had to do with some other issue.

Thus, while it appears that you did suffer a hostile work environment, and therefore you may want to file with the EEOC, it does not appear that you suffered any adverse employment action related to the sexual-harassment. Therefore, if you do have a sexual-harassment case, at least based upon what you stated in your question, it does not appear to be a case with significant value. Copy and paste this link to learn more.

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