Answers Posted By Scott Leah

Answer to I was employed with as a home health aid from 2014-2019, I no longer work for the company. No taxes were ever taken out of my checks. I worked 140 hours in a biweekly pay period. Am I entitled to overtime? If so, what is the process and turn around time t

If you were an employee, not an indepedent contractor, the employer should have taken withholding taxes out of your pay and paid those over to the government, along with any taxes the employer owes. You should have also received overtime for all hours worked over 40 in any workweek.

You might want to call the Pennsylvania Department of Labor and Industry or the U.S. Department of Labor. They can open an investigation if they think the employer violated the law.

posted Jan 8, 2020 05:50 AM [EST]

Answer to After 34 years of working at a hospital I was told that my position is being eliminated for Financial reasons. I have been a Supervisor in the department for approximately 30 years. In the last 8 years we had hired a new Director, At the time I was a mana

You may have a age discrimination issue if you were terminated and younger, similarly situated employees were not, or if you were replaced by a younger employee. Much more detail is needed, and I would advise you to consult iwth an employment law attorney.

posted Jan 8, 2020 05:47 AM [EST]

Answer to I’m out on FMLA leave and I’ve been told by two of my coworkers how pissed off and how much my supervisor is complaining to them about me being off. Can she do this? When another employee’s were off we were told we cannot discuss because if would be

The supervisor should not be discussing your personal medical information with anyone. That could be a HIPPA violation.

If the supervisor is just complaining that you are on FMLA, that would not violate HIPPA, but could violate the FMLA if the supervisor is either trying to put pressure on you to come off FMLA or discourage you or others from taking FMLA in the future.

posted Jan 8, 2020 05:45 AM [EST]

Answer to My employer has withheld payment and bounced paychecks. Can I resign immediately?

Without being able to look at your contract, it is difficult to give precise advise.

However, just from reading your question it appears that you may be able to assert that your employer breached the contract first, but failing to timely pay you all paychecks when due. The employer may have also violated the Pennsylvania Wage Payment and Collection Law.

If you don't want to work for an employer who is bouncing your paychecks, paying you late, etc., I think that is reasonable. The question is what your employer does if you quit without giving 120 days notice?

He cannot withhold pay for the period you did work, as that would violate the Wage Payment law. Is there anything in the contract that is contingent on the notice requirement? I would have to see the contract.

Otherwise, I suppose the employer might consider that you have not left employment on good terms and may tell future potential employers that if you list this employer as a reference.

The company could, in the extreme, sue you for breach of contract. But, (a) would it have any actual damages, and (b) it would have a problem with the fact that it may have breached first.

Another issue will be unemployment compensation. You are generally not eligible if you quit, unless you did so for a compelling and necessitous reason. The company could fight your UC if you applied for it. You would have to convince the state that the payroll issues gave you a justifiable reason to quit your job.

posted Jan 14, 2019 06:30 AM [EST]

Answer to Okay so I worked 16 hours on New Year's so that would have been time and a half but also that week I work a total of 56 hours so I should have gotten overtime pay and Holiday if they were on separate days correct

The answer to this question depends on what your company's policy is regarding holiday pay.

Under the law, you do not get paid any premium pay for working on a holiday, or for working more than 8 hours in a day. So working 16 hours on New Year's Day would be, under the law, all at straight time.

However, many employers have policies whereby they pay a premium rate for employees who work on a holiday. If so, then you should get that premium rate for the holiday hours.

Regardless of whether you receive premium pay for the holiday, it would have no effect on the 16 overtime hours you worked that week. You are entitled to be paid time and a half for those overtime hours as all time over 40 hours in a work week must be paid at the overtime premium rate.

posted Jan 10, 2019 06:20 AM [EST]

Answer to Is my non compete agreement enforcable?

It depends. Non-competes are enforceable in Pennsylvania, but they have to be supported by adequate consideration, the employer must have a legitimate business interest to protect, they must be reasonable in time, and they must be reasonable in geographic scope.

You should have your specific non-compete reviewed by an employment law attorney, who will also want to ask you specific questions about the nature of job you performed, how long you did that work, what the business and market is for the employer, etc.

posted Oct 22, 2018 11:17 AM [EST]

Answer to What can I do about a co-worker that has extreme absences, filed an FMLA and is now pregnant?

Because you are union, you should make your union aware of the situation and allow them to deal with it. Generally, an employer does not have to treat all employees the same, but the union may have an issue with it if they believe that some union members are not being treated fairly.

posted Oct 15, 2018 05:38 AM [EST]

Answer to Home depot on a regular basis has employees work 6 to 10 days in a row,they do this by giving employees off at beginning of the first week and at end of the next...is this how they get away without paying OT?is it legal..its very demanding and their shoul

Overtime is based on working over 40 hours in a work week. The work week is defined by the employer. It can be any 7 day period. It can be Sunday through Saturday, Monday through Sunday, Wednesday through Tuesday, etc.

Whatever the work week is as defined by the employer, any employee who works more than 40 hours during that work week must, if they are non-exempt, be paid at least time and a half for the hours over 40.

posted Sep 7, 2018 06:27 AM [EST]

Answer to I need to know if the boss could only give you 3 days from the 5 days I earned of vacation time once I put my two weeks in

Pennsylvania does not require that employers provide any vacation days or sick days (sometimes called paid time off). Nor does Pennsylvania law require an employer that does provide paid time off to pay an employee for accrued, but unused, days at termination.

However, there are exceptions. An employee can have a contract or employment agreement that provides otherwise, or be subject to a collective bargaining agreement that provides otherwise. An employer can also have a policy to pay accrued time off at termination. If those exist, you may have a claim. You may also have a claim if the employer has paid other terminated employees, in the same situation as you are in, for their accrued, unused paid time off.

If you think you may fall within one of those exceptions, you should consult with an employment law attorney.

posted Aug 27, 2018 05:44 AM [EST]

Answer to 2 family members working for the same person can they both get fired for something one of them did

If they are at-will employees, the employer can terminate their employment for any reason, for a good reason, for a bad reason, or for no reason, so long as it is not for an illegal reason (such as age, gender, race, etc. discrimination).

If there is a contract or a collective bargaining unit, there may be different standards, as those employees may not be at will.

But if your daughter was at-will, the employer likely would be able to terminate her employment for any reason that is not illegal.

posted Aug 27, 2018 05:39 AM [EST]