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Showing results in Pennsylvania for Labor and Employment

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Michael E. Fiffik
My pat answer to this is "anyone can sue anyone".  There is nothing to stop someone from filing a lawsuit.  If filed, you'll have to defend.  Maybe the case is so scurrilous that you'll be able to get the court to award you sanctions but that's rare.  People make threats all the... Read More
My pat answer to this is "anyone can sue anyone".  There is nothing to stop someone from filing a lawsuit.  If filed, you'll have to... Read More
Michael E. Fiffik
Its not quite clear what kind of account to which you are referring.  If its a bank account, you might open a new LLC account and start using that for all LLC business.  If the bank won't let you close out the other account, let the bank know what's going on -- maybe also let your partner... Read More
Its not quite clear what kind of account to which you are referring.  If its a bank account, you might open a new LLC account and start using... Read More
Michael E. Fiffik
Hmm, that's an interesting theory but I suspect your more direct claim is against the employee with pink eye who came to work knowing they were contagious.  Your employer is, at best, secondarily liable. 
Hmm, that's an interesting theory but I suspect your more direct claim is against the employee with pink eye who came to work knowing they were... Read More
Michael E. Fiffik
No, an employee is not liable for the employer's losses.
No, an employee is not liable for the employer's losses.
Michael E. Fiffik
I'd suggest that you go to your place of employment and ask to speak with whomever makes the decision you are seeking.  it's more difficult to put you off if you are physically present and awaiting an answer.  If you still can't get an answer, then you should file for unemployment... Read More
I'd suggest that you go to your place of employment and ask to speak with whomever makes the decision you are seeking.  it's more difficult to... Read More
Michael E. Fiffik
Well first thing -- congratulatons on your new baby!  That's a wonderful time.  I have 3 kids myself.  As for your legal question, in order to be eligible for benefits you must be available for work.  If you were not able to work due to your recovery from delivery, then you were... Read More
Well first thing -- congratulatons on your new baby!  That's a wonderful time.  I have 3 kids myself.  As for your legal question, in... Read More
Michael E. Fiffik
You probably have 2 years to file a civil suit to recover the money.  You can contact the police to see if too much time has elapsed to file criminal charges.
You probably have 2 years to file a civil suit to recover the money.  You can contact the police to see if too much time has elapsed to file... Read More
Michael E. Fiffik
Well not much to go on here.  What I can tell you is that just because you had a doctor's excuse, that doesn't prevent your employer from firing you.  Of course, there are many expections to this and you'd have to provide more information to get a more detailed response.
Well not much to go on here.  What I can tell you is that just because you had a doctor's excuse, that doesn't prevent your employer from firing... Read More

Can they deny my unemployment

Answered a month ago by attorney Michael E. Fiffik | 1 Answer

Legal Topics: Labor and Employment

Michael E. Fiffik
Yes you should retain counsel to help you with the unemployment appeal.  The facts are crucial to the outcome of the case.  I don't quite understand how your FMLA leave impacts your unemployment.  Why were you separated from employer and what led to the application for benefits?
Yes you should retain counsel to help you with the unemployment appeal.  The facts are crucial to the outcome of the case.  I don't quite... Read More
Michael E. Fiffik
It's impossible to answer this question without knowing the new state.  Do you really think an employer would not hire you b/c of a summary offense?  How bad could it be?  Perhaps the summary offense can be expunged from your record. 
It's impossible to answer this question without knowing the new state.  Do you really think an employer would not hire you b/c of a summary... Read More
Michael E. Fiffik
I'm sorry you lost your job.  Its frustrating to no end to feel that people are talking about you, especially in a negative light.  If your employer is sharing information that is entitled to a privacy protection under the law, such as medical information about you or other financial... Read More
I'm sorry you lost your job.  Its frustrating to no end to feel that people are talking about you, especially in a negative light.  If your... Read More
Michael E. Fiffik
If you actually worked, you're entitled to wages.  You can file a complaint/claim with the PA Department of Labor, Wage and Hour Division or you can file a private cause of action in court.  Probably would go to your local magistrate.
If you actually worked, you're entitled to wages.  You can file a complaint/claim with the PA Department of Labor, Wage and Hour Division or you... Read More

What kind of lawyer would I need?

Answered a month ago by attorney Michael E. Fiffik | 1 Answer

Legal Topics: Labor and Employment

Michael E. Fiffik
Maybe.  did she find a place for you?  Your employer may be required to provide a reasonable accommodation.  However if the nature of your job duties don't allow that or if the accommodation costs the employer too much money, you may not have a remedy.  For example, if you were... Read More
Maybe.  did she find a place for you?  Your employer may be required to provide a reasonable accommodation.  However if the nature of... Read More
Michael E. Fiffik
Yes you should appeal.  I would think that if you can provide proof that you've worked the sufficient number of credit weeks, you'd be eligible for benefits regardless of whether your employer has reported and remitted payroll deductions properly. 
Yes you should appeal.  I would think that if you can provide proof that you've worked the sufficient number of credit weeks, you'd be eligible... Read More
Michael E. Fiffik
There are no state or federal laws establishing a employment disciplinary procedure that are widely applicable to all employees.  Your employer can terminate your employment without any warning in most instances.  If your employer has a written employee policy that sets forth a... Read More
There are no state or federal laws establishing a employment disciplinary procedure that are widely applicable to all employees.  Your employer... Read More
Michael E. Fiffik
It might be discrimination from the standpoint of an employer favoring employees who are flexible about schedule changes vs. those who are not but that's not illegal discrimination.  Discrimination based upon age, gender, race, religion is unlawful.  You don't necessarily have a protected... Read More
It might be discrimination from the standpoint of an employer favoring employees who are flexible about schedule changes vs. those who are not but... Read More
Michael E. Fiffik
No one can be forced to work on any particular day.  However, if your employer calls you in on a day that would normally be an off day and you don't comply, you could be jeopardizing your position or your possibilities for advancement.
No one can be forced to work on any particular day.  However, if your employer calls you in on a day that would normally be an off day and you... Read More
Michael E. Fiffik
Under Pennsylvania law, wages due and owing must be paid no later than 15 days after the normal date.  For example, if paychecks are issued on the first of the month, the latest the pay that is due on the first of the month could be paid and not violate PA law is the 15th.  In your case,... Read More
Under Pennsylvania law, wages due and owing must be paid no later than 15 days after the normal date.  For example, if paychecks are issued on... Read More
Michael E. Fiffik
That strikes me as really unfair and a poor decision by Arby's but probably not unlawful.  His job is not protected because he has a temporary medical condition.  Your fiance certainly should be eligible for unemployment compensation. 
That strikes me as really unfair and a poor decision by Arby's but probably not unlawful.  His job is not protected because he has a temporary... Read More
Michael E. Fiffik
Your employer can certainly cut your hours without notice.  Whether you continue to qualify for benefits depends on what the published qualifications are for your company's benefits and whether you actually meet those qualifications.  How you're "labeled" doesn't really matter. ... Read More
Your employer can certainly cut your hours without notice.  Whether you continue to qualify for benefits depends on what the published... Read More
Michael E. Fiffik
Hostile work environment usually means a condition caused by or permitted to happen by your employer.  co-workers who do things can lead to a hostile work environment claim if they are known by your employer and permmitted to continue w/o action.  What you describe is not a hostile work... Read More
Hostile work environment usually means a condition caused by or permitted to happen by your employer.  co-workers who do things can lead to a... Read More

Laid off

Answered 3 months ago by attorney Michael E. Fiffik | 1 Answer

Legal Topics: Labor and Employment

Michael E. Fiffik
Maybe.  It's just not that simple.  This fact pattern is common.  Usually there are a lot of additional facts that impact the evaluation of the case, incluidng the differences between your job duties and the younger person who was hired.  If you get called back, you don't really... Read More
Maybe.  It's just not that simple.  This fact pattern is common.  Usually there are a lot of additional facts that impact the... Read More
Michael E. Fiffik
Your employer can’t require a current employee to have any type of medical examination unless the examination is job-related and consistent with business necessity, required by another federal law, or required in connection with a voluntary wellness program.  so my first question is... Read More
Your employer can’t require a current employee to have any type of medical examination unless the examination is job-related and consistent... Read More
Michael E. Fiffik
There is a concept called rounding up and rounding down in wage and hour rules that allows an employer to "change" your actual times clock times -- or at least pay you for time that doesn't exactly match up with your clock times but it has to work according to set rules and the employer has no "say... Read More
There is a concept called rounding up and rounding down in wage and hour rules that allows an employer to "change" your actual times clock times --... Read More
Michael E. Fiffik
I would think the OSHA violation is a secondary matter.  The most pressing concern would be for you to report the injury to your employer and seek medical attention.  You are required under the Workers Comp Act to report injuries within 120 days.  Your employer and its insurance... Read More
I would think the OSHA violation is a secondary matter.  The most pressing concern would be for you to report the injury to your employer and... Read More
Labor and Employment
Labor and employment attorneys can help both employers and workers prevent, address and resolve a variety of issues related to the employer-employee relationship. Small business owners and managers should consult with employment lawyers when crafting employment policies (including those related to hiring, affirmative action, compensation, medical leave and sexual harassment); negotiating employment contracts, non-compete agreements and severance agreements; and resolving employment-related personnel disputes. Workers should talk to a labor and employment law firm before signing any job-related contracts and for help addressing issues related to discrimination, harassment, Americans with Disabilities Act (ADA) accommodations and Family and Medical Leave Act (FMLA) requests.
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