Tuesday, May 24, 2016

Are You Owed Money by Your Former Employer? Pennsylvania's Wage Payment and Collection Law is a Powerful Statute

I am Owed Payroll, a Bonus, Vacation Pay, Sick Pay or Severance in Pennsylvania and I Need a Contingent Fee Lawyer

Pennsylvania's legislature does not take kindly to employers who do not pay their employees money that they have earned and/or are entitled.  This is apparent from a review of the provisions of Pennsylvania's Wage Payment and Collection Law of  1961 ("WPCL").

Pennsylvania's Wage Payment and Collection Law Protects You if You Are Suing for Unpaid Wages, Including Fringe Benefits Such as Vacation Pay

The WPCL protects employees who are owed wages such as payroll pay or bonus, as well as those entitled to earned but unpaid fringe benefits such as vacation pay.  If you are owed anything of value by your employer, the WPCL is available to you.

Missing Anything?

Pennsylvania's Wage Payment and Collection Law Entitled Employees to Recover Punitive Damages and Attorney Fees

The WPCL applies if an employee can prove that he/she has not been paid wages, compensation or fringe benefits to which he/she has a contractual right.  How do you prove a contractual right?

There are three common ways that a non-union employee proves such a contract.

How Do I Prove That I Have a Contractual Right to Be Paid Wages, Bonuses, Fringe Benefits or Severance by My  Employer?

One, you have a written employment agreement, usually in the form of a letter or a more detailed written contract, which spells out how much in compensation you will be paid each year, and what type of fringe benefits you will receive.

Two, the company has a written company policy that spells out how much employees are paid, and what fringe benefits employees receive.

If You Have Earned It, You Should be Paid it
Three, the company's course of dealing, with you and other employees like you, creates a contractual arrangement that cannot be avoided at the company's choosing.

So, if the company always pays its employees 3 weeks of bonus each March, that proves a contract. If it always pays employees one week of severance per year of employment, that is a contract.

Pennsylvania's Wage Payment and Collection Law Provides for Punitive Damages, Individual Liability and a Mandatory Award of Attorney Fees to Victorious Employees

WPCL contains three provisions that make it a somewhat unusual, and very powerful, vehicle of recovery for disenfranchised employees.  

First, WPCL provides that any employee prevailing on a claim is entitled to a mandatory award of attorney's fees and costs.  The reverse is NOT true if the employer wins.

Are They Claiming "Good Cause" for Your Termination
When None Exists?
Two, the WPCL entitles a victorious plaintiff to a penalty equal to up to 25% of the unpaid compensation, and this penalty can be avoided only if the employer can prove that it had a "good faith" reason for withholding the monies in question.

Three, the WPCL provides that any individuals who are involved in the decision to withhold the earned compensation can be sued on an individual basis, even if the company is a corporation.

Click Here to jump to our Post concerning how misclassified workers can win overtime payments.  

Overtime Claims Can Add Up Quickly!
If You Have Been Misclassified as a Self-Employed Independent Contractor, You May Recover Compensation Under Pennsylvania's Wage Payment and Collection Law

I frequently am contacted by workers who had signed independent contractor agreements, and are paid as if they are self-employed, but in fact do the same job as co-workers who are paid on a w-2 basis.  This is called "misclassification," and it is all too common.

Misclassification Common, but a Remedy Does Exist
An individual who can prove that he/she has been misclassified can win unpaid overtime, along with, in many cases, wages and fringe benefits that he/she would have received absent misclassification.  In such situations, the remedies provided by WPCL add a cherry to the top of what can be a very satisfying victory.

It is for these reasons that I routinely handle claims for unpaid compensation on a contingent fee basis.  Don't le the company get away with not paying you your hard earned wages and fringe benefits!

Representing Pennsylvania's Workforce Since 1991
Philadelphia Area Wage and Hour 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 Wage and Hour 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 collecting wages, compensation, bonuses and severance from corporations that withhold payment from their employees 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, Philadelphia, Pennsbury, Perkasie, Perkiomenville, Phoenixville, Plymouth, Plymouth Meeting, Plymouth Whitemarsh, Pocopson,  Pottstown, Prospect Park, Quakertown, Reading, Philadelphia, Allentown, Reading, Bethlehem, Lancaster,  Levittown,  Abington, Allentown, Auburn, Ambler, Ardmore, Aston, Audubon, Avondale,  Bala Cynwyd, Bensalem, Berwyn, Bethlehem, Bird In Hand, Birdsboro, Birmingham, Boothwyn, Bowmansville, Boyertown, Bridgeport, Bristol,  Brookhaven, Broomall,  Brownfield,  Bryn Athyn,  Bryn Mawr, Buckingham,  Burlington, Caln, Chadds Ford, Chalfont, Charlestown, or any of their surrounding neighborhood, consider giving us a call to discuss your matter.

Need an Experienced Contingent Fee Lawyer to Collect Money You Are Owed by Your Former Employer?

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.


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