Can my boss ask me to produce a copy of a hospital dismissal to justify my work absence? Yes, it is legal for your boss to request documentation from the hospital that you were in the hospital. Your boss cannot request your diagnosis… → Read More
When my current employer hired me, I was required to sign a contract with a non-competition clause. I want to leave and work for a competitor in a different part of the country. Can my employer prevent me from doing that? Non competition agreements will sometimes be enforced in a Pennsylvania court, but if you are moving across the country, the non-compete agreement may not be enforced in your situation. Whether or not your employer will be able to enforce the agreement depends on your situation. → Read More
What employee rights are available to those working an at-will job in Pennsylvania? Although Pennsylvania is an ‘at will’ employment state, an employee that is fired in Pennsylvania does have legal rights, especially if he or she was wrongfully terminated. Wrongful termination occurs when an employee is fired for an illegal or improper reason, including discrimination, being asked to do something illegal, asking for accommodations for disability or religion, requesting leave, and/or whistleblower actions. → Read More
Under Pennsylvania law, if I am fired, am I still entitled to commission for sales I started? If you are a salesperson living in Pennsylvania and you get fired, you may be entitled to sales commissions. Whether or not the commission has to be paid depends on when the business considers that the commission is actually earned, since if a commission is earned before you get fired, then you are entitled to it by law. → Read More
I was fired because I refused to do something illegal. Do I have a right to sue my employer? If your employer asks you to do something which clearly violates the law and then fires you for refusing, you would have a cause of action for wrongful discharge against public policy. → Read More
Can my employer prevent me from having a second job? Although it may not seem fair, your employer may have the authority to prevent you from having a second job. This authority may be enforced through an express contract or an implied contract. You can determine the extent to which you are restricted from having a second job by examining the type of contract you have with your employer. → Read More
Do I have to repay an overpayment of unemployment benefits? If you were paid unemployment benefits to which you were not entitled, then, you are’liable’ for the overpayment.If accepting the overpayment was innocent on your part’e.g. you did nothing to cause it to happen, and also did not previously realize it was an overpayment’then you should not be liable for anything other than the return of the money. → Read More
Unemployment Benefits After Moving Out of State If you are receiving unemployment insurance benefit payments when you move out of state, you may still receive unemployment payments from the state that awarded the benefit. A worker’s eligibility, amount and duration of unemployment benefit payments, and disqualifications will be determined by the state where wages were paid and earned. → Read More
Can I be fired by my employer for filing bankruptcy? While bankruptcy may be an improper reason to fire someone, your employer could potentially take action and fire you and simply claim that the bankruptcy had nothing to do with it and that he was firing you for unrelated reasons. → Read More
Protections for Public Employees from Wrongful Termination Government employees are protected from wrongful termination, just as private sector employees are protected, and actually have greater protections. → Read More
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