Answers Posted By Scott Leah

Answer to I was asked by my employer to accept an offer of severance pay to end my employment with them and not to sue. can I file for UC & what is the reason I should choose on the PA UC site?

It sounds like your employer terminated your employment. That is what you should tell the UC office. Just because you accepted severance doesn't mean you quit. You were terminated by your employer.

You should read the terms of the severance, but most likely it did not try to forbid you from applying for UC, just from filing a lawsuit against the company. Nor should it. The employer does not pay UC, the state does.

posted Nov 2, 2016 07:04 AM [EST]

Answer to My daughter is made to go into work between 7:45-8:00 am and work until 4:30-5:30pm with a 30 minute lunch break. She has been forced to leave early on Fridays so her employer does not have to pay her overtime for the week. (He initially told her to take

If your concern is that your daughter is not being permitted to work a full day on Friday, so that she does not go over 40 hours for the week, the employer is not doing anything wrong. One of the primary tools that employers have to avoid having to pay overtime is to make sure their employees work 40 hours (or less) a week. That can be done by sending employees home after they have hit 40 hours, no matter what day or time of day it is.

posted Nov 2, 2016 06:39 AM [EST]

Answer to I was hired for a market research position by a pharmaceutical company in the Philadelphia area. When I started, I was directed to complete tasks that were more appropriate for a data scientist/analytics professional and for which I had no skill. Six mont

You would not have a claim unless you had an actual employment contract or employment agreement with the company which they breached. A determination of whether they breached any such contract with you would require a review and analysis of the document.

If you did not have an employment contract, you were likely an employee "at will." As such, it would be very difficult for you to state a claim for breach of contract. An employer can terminate an at will employee for any reason, so long as it was not for an illegal reason.

Of course, you may have a claim for unemployment compensation, and you should apply for benefits from the state.

posted Oct 12, 2016 07:26 AM [EST]

Answer to Is my Wife entitled to her accrued vacation after termination!

Under Pennsylvania law, an employee is not entitled to be paid for accrued but unused paid leave at termination, whether that paid leave be vacation, sick or personal time.

The entitlement to be paid for accrued paid leave must be a contractual type of right. If the employee has an employment contract or agreement that provides that he or she will be paid for accrued leave at termination, then the employer must pay it.

If the employer has a written policy, such as in an employee handbook, that it will pay accrued paid leave at termination, then the employer likely has to pay it.

Or, if the employer has a practice of paying accrued leave at termination (specifically for the type of termination here, as some have a policy of paying it only for terminations by the employer that are "not for cause" as opposed to for cause terminations or the employee quitting), then the employer may have to pay it.

If your wife believes that she is entitled to be paid for her accrued leave at termination, and the employer does not pay it, she would be able to bring an action under Pennsylvania's Wage Payment and Collection Law, which includes attorney's fees if she is successful.

posted Aug 12, 2016 05:49 AM [EST]

Answer to Can the employer change my normal work schedule

If I understand your question correctly, your employer had you work on a Saturday starting at 10:30 a.m. and work until noon, instead of starting at 8:00 a.m. and being done at 9:30.

Generally, your employer can set your work schedule and has discretion on doing so. If the needs of the employer were better met by you working 10:30-12:00 instead of 8:00-9:30, your employer can have you work that time shift.

There would be an exception if the hours the employer had you work in some way violated any medical restrictions you have on your time worked as part of your intermittent FMLA. But it does not sound from your question like this is the case.

There would also be an exception if your employer had you work that shift in retaliation for your having taken FMLA leave during the week. In other words, if the 8:00 shift was the better shift as you would get done work earlier, and the employer had no business reason to have you work at 10:30 instead of 8:00, and could have just as easily had you work at 8:00, but instead made you work at 10:30 as a sort of punishment for your having taken FMLA during the week, then the employer would be guilty of FMLA retaliation, which is illegal. In that situation, if you can prove it, you would have a potential legal action against your employer if you wanted to take a legal action over this 2.5 hour difference in starting times.

posted Aug 8, 2016 05:58 AM [EST]

Answer to Today I was scheduled from 5 am untill 1245 pm but do to me having overtime my boss told me instead of taking a half hour break I have to take a 1 hour break and work a split shift is the against the law

If I understand your question, you want to know if your employer can make you take a 1 hour break instead of the usual 1/2 hour break in order to keep your hours worked at 40 or under for the week?

The answer is yes. An employer can adjust the schedules of employees to meet the businesses needs, including to keep employees under 40 hours.

This could be different if you are in a union. I assume you are not. If you are, you should consult with the union to find out whether this is permitted under the collective bargaining agreement.

posted Aug 5, 2016 09:28 AM [EST]

Answer to I work for a home health care company and only work for one specific client. The client is going to drop this agency I work for and is trying to get all of the nurses to sign with the new agency she has chosen. We all signed a non compete agreement. it sa

I agree, you should not necessarily listen to either your current or your future employer's version of what any agreement provides. You should seek your own counsel. I am in Pittsburgh. I f you want to contact me, I would be happy to review this for you. 412-594-5551.

posted Aug 5, 2016 05:44 AM [EST]

Answer to I work for the state and am 8 mos pregnant I was planning to take my leave on July 31st my due date is Aug. 24th. I was told that I had to work until my due date of Aug. 24th. I have acquired FMLA but was never really explained how it works. Today I went

I cannot answer specifically as to your situation without talking to you and learning more about your specific circumstances. However, I can tell you the general law:

An employer must provide light duty work to a pregnant employee if that employer provides light duty to employees who are similarly not able to do regular duty.

As for leave, the FMLA provides up to 12 weeks of leave in a 12 month period for the birth of a child (sometimes called bonding leave) or for the employee's serious health condition related to pregnancy or childbirth.

You are entitled to FMLA prior to the child birth if you are incapacitated due to the pregnancy (such as severe morning sickness), for prenatal care.

posted Jul 22, 2016 09:53 AM [EST]

Answer to I recently became ill and had to take several weeks off work (7) now. The initial dx was pneumonia. I have suffered from debilitating headaches for the past few months and was seeing a neurologist for this condition. As I was recovering from pneumonia- I

Can you finish the question? Or call me to discuss? I am not sure what your question/issue is.

posted Jun 24, 2016 08:15 AM [EST]

Answer to Does my employer have to make me aware of fmla?

First, I am not sure why your FMLA time is up if you took 8 weeks off work. You should have 12 weeks of FMLA, unless you previously took FMLA.

Second, it sounds like your employer did not properly notify you of the FMLA leave and the substitution of paid leave.

Third, your employer may be acting improperly if you are terminated over this.

posted Apr 1, 2016 08:27 AM [EST]