Tuesday, March 9, 2010

PENNSYLVANIA EMPLOYMENT LAWYERS ANSWER EMPLOYEES' FREQUENTLY ASKED QUESTIONS - KNOW YOUR RIGHTS - DISCRIMINATION, RETALIATION, WAGE AND HOUR, FMLA, OVERTIME

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Here are some common employment-related questions and answers [Note:  Use the Search Key to find information on almost any topic affecting Pennsylvania employees]:

You Deserve to Get Paid for Your Work

I WAS NOT GIVEN BENEFITS I WAS PROMISED IN PHILADELPHIA!

If you were promised wages or benefits and after 30 days you have not received them, then you would have a claim for breach of contract. Although you are likely employed "at will," and thus can be fired for any reason (unless the firing violates state or federal laws, Click Here to learn more), as long as you are employed your employer must honor its promises to pay you and to provide benefits it promised. You may want to consider making a demand upon your employer for the promised benefits, but you should speak with an attorney first on how to frame the demand, and also the pros and cons of making the demand.



You Cannot be Subjected to Adverse Employment Action 
BECAUSE You Are Pregnant

CAN I BE FIRED BECAUSE I AM PREGNANT?

Firing you because you are pregnant is illegal under both state and federal law.

Employers Know That Poor Performance Cannot 
be Basis for Denial of Unemployment Benefits

CAN MY EMPLOYER CHANGE THE REASON FOR WHY IT FIRED ME TO WIN AN UNEMPLOYMENT HEARING?

This is a classic example of an employer trying to avoid paying unemployment benefits to a discharged employee. We have little doubt that the employer will be fighting any claim for unemployment that you may file on the grounds that you were terminated for willful misconduct. That is because if you are laid off due to lack of work,or terminated for ordinary "poor performance," the employer cannot successfully contest your claim for unemployment benefits in Pennsylvania.


CAN MY EMPLOYER WITHHOLD COMMISSIONS I HAVE EARNED?

No, it is illegal. Employers are required to pay commissions when due - by the following pay period. If the employer is not paying commissions on a timely basis, the company and the people who are responsible for withholding commissions are responsible, and may have to pay penalties and your attorneys fees. See Pennsylvania’s Wage Payment and Collection Law

Unfortunately, though, Pennsylvania does not allow a wrongful discharge claim, or a retaliation claim if you will, if you are fired for complaining about this practice. So, you may want to consult counsel of your choosing to help you develop a strategy for demanding unpaid wages or commissions.

AM I ENTITLED TO BE PAID COMMISSIONS THAT CAME IN AFTER I WAS FIRED?

This is a common question. most companies have a written commission plan that says that an employee must be employed as of the date commissions are ordinarily paid out in order to be entitled to the commission. However, if the company does not have a plan that says that, or fires you on, say, the day before payment is due, then you may have a case.


DOES MY PENNSYLVANIA EMPLOYER HAVE TO GIVE ME PAID SICK TIME?

Pennsylvania employers do not have to provide paid sick time UNLESS you work in Philadelphia or Pittsburgh.  



Not Required

DOES MY EMPLOYER HAVE TO GIVE ME A LUNCH OR BREAK TIME WHEN I WORK AN 8 HOUR SHIFT?

No, unfortunately neither state nor federal law require lunch breaks or break periods. However, sometimes we see companies that do not allow their employees to take lunch, but nevertheless dock them each day for a half-hour as if they had taken lunch. This is illegal.  In other words, if you worked eight hours, you must be paid for eight hours.  And, if the amount of time you actually worked exceeds 40 hours (because in docking you for 2.5 hours you actually worked, the employer has you working 40 hours when you actually worked 42.5), then you may be entitled to overtime payments.



Usually, it is Best to Let Them Fire You 
Depending on the Severance Package, If Any

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

We do not think it is ever appropriate to quit when faced with a pending termination - UNLESS you are offered a generous severance package so you don't have to worry about unemployment.

In general, an employer that gives an employee that choice is trying to gain a leg up on an unemployment claim. We often 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, and you are going to have to honestly explain the circumstances. 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.





Call 610-647-5027

Philadelphia Area Employment Attorneys Representing Employees

We are employment lawyers who represent employees in Pennsylvania. 

We typically represent employees who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

Pennsylvania Employment Attorneys Provide Free Telephone Consultations

If you are looking for an employment lawyer, and live in Ardmore, Ambler, Cheltenham, Ft. Washington, Lansdale, Blue Bell, Germantown, Chalfont, Plymouth Meeting, Bridgeport, Eagleville, Lafayette Hill, Pottstown, Willow Grove, Horsham, North Wales, Conshohocken, Glenside, Montgomeryville, Hatboro, Harleysville, Souderton, Jenkintown, Gilbertsville, Downingtown, Lionville, Collegeville, Phoenixville, Northeast Philadelphia, Oaks, Royersford, Springfield, Lower Providence, Malvern, Wayne, King of Prussia, Downingtown, Upper Gwynedd, Glen Mills, Glenside, Doylestown, Radnor, Berwyn, Bryn Mawr, Wayne, Newtown Square, Exton, Center City Philadelphia, Garnet Valley, Upper Chichester, West Grove, East Fallowfield, West Chester, Skippack, Langhorne, Haverford, Newtown Square, Nether Providence, Broomall, Drexel Hill, Reading or any of their surrounding towns, feel free to send us an e-mail via our Contact Form or give us a call at 610-647-5027.  We are always glad to spend some time with people via a free telephone consultation.

 

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