Answers Posted By Scott Leah

Answer to Will signing a non-solicitation agreement put me at risk of being sued when I leave my employer?

I would need to see the entire agreement to provide you advice on it. However, generally an employer cannot stop a customer from doing business with whomever they want to do business with. They can only stop the former employee from soliciting that business. I would be happy to look at the entire agreement, which I would have to do in order to give you full advice on this and what your options are. Most employers give prospective employees time to have an attorney review documents such as this.

posted Mar 21, 2016 06:57 AM [EST]

Answer to My management position is being eliminated and I have been offered a much lower position at 2/3rd of my current salary. Can I hold my employer responsible for paying me my current salary since this demotion is through no fault of my own?

Generally, if you are an at-will employee, with no employment contract, your employer is free to promote or demote you, increase or decrease your pay, etc. Your right is to leave the employment if you are not happy with what the employer does.

There are several caveats to this. If you have a binding employment contract, the employer may not be able to alter its terms.

If the employer makes an employment decision (such as promotion and demotion, or pay) for a discriminatory reason (age, gender, race, etc.), you may have an action against the employer.

posted Feb 5, 2016 08:12 AM [EST]

Answer to I have been approved for an FMLA leave of absence and requested to use accrued vacation time so I could still be paid while taking my leave. Can my employer keep me from using my vacation time during an FMLA leave? HR is telling me to apply for short-term

Under the FMLA, an eligible employee may choose to substitute accrued paid leave for FMLA leave. If the employee does not choose to do so, the employer may require that the employee substitute accrued paid leave for FMLA leave.

However, if you are on short term disability leave, you would not have the right to substitute accrued paid leave, since the leave is already paid leave.

I would be happy to discuss this with you if you want to call me at 412-594-5551.

posted Feb 3, 2016 09:10 AM [EST]

Answer to I submitted my resignation and was released from work 5 days prior to official resignation date. Am I eligible for unemployment compensation for those five days?

Technically yes. You were involuntarily terminated on the 24th, so you would be eligible for unemployment due to the involuntary termination. But that eligibility would end as of the 29th, the day you intended to voluntarily terminate.

However, there is a one week waiting requirement for unemployment. Therefore, while you would have 5 days of unemployment, those would fall within your waiting week and therefore you would not receive any compensation.

posted Jan 26, 2016 07:07 AM [EST]

Answer to can you be in trouble with a non compete

For a non-compete to be enforceable in Pennsylvania, the employee must receive adequate consideration. Consideration means that both parties must receive a benefit and a detriment to the contract. The employer gets a benefit from the noncompete, as the employee cannot compete with the employer for some period of time after the employment relationship ends. That is obviously a detriment to the employee, as the employee cannot accept certain work until the time period expires.

But there also has to be a benefit to the employee and detriment to the employer. Typically, this is the employee getting the job he or she is applying for and the employer having to pay the agreed upon wages to the employee. Or, if the employee is already an employee when the noncompete is signed, some other benefit (such as a raise, a bonus, a promotion, etc.).

Based on your the facts you provide in your question, it does not appear that you received any benefit from this contract as you never actually were employed by the employer. If you received no benefit, and the employer had no detriment, the noncompete is likely unenforceable.

posted Jan 13, 2016 07:39 AM [EST]

Answer to My job was eliminated after 5 years of service because the office I was working for wasn't profitable for the comany anymore. I was told I would only receive half of my pto. Is that against the law?

Pennsylvania law does not require that an employer pay out accrued but unused time off at the time of termination. Nor does Pennsylvania law require any type of severance pay at the time of termination.

However, if you have an employment contract or employment agreement that provides that you will be paid for your accrued time off at the time of termination, or the employer has a policy of paying accrued time off at the time of termination (such as in a handbook or a PTO policy), then Pennsylvania law will enforce the same under the Wage Payment and Collection Law.

You need to review any agreements you have with your employer, and any policies your employer has, to determine whether you have a right to all of your PTO time. If you don't have that right, then the only way you will get paid any of it is through whatever severance pay you can negotiate with your employer.

posted Oct 19, 2015 05:36 AM [EST]

Answer to I was hired as an assistant manager for a seasonal store then was demoted for "hear say" comments.

You can call the company, although how serious they will take a telephone complaint from a former employee is not clear.

posted Oct 16, 2015 05:48 AM [EST]

Answer to What happens to severance commitments when a company is purchased?

I cannot answer which company's severance package will be enforceable without knowing more about the details of merger or purchase of the companies.

As to pay out of vacation days, Pennsylvania law does not provide for the right to payment of accrue vacation days at the termination of employment. That is a matter between the employer and the employee only. Therefore, in order to have a right to being paid accrued vacation days, you would need some type of contract or employment agreement entitling you to the same (or perhaps even a pattern at the company of doing so in the past).

posted Oct 16, 2015 05:46 AM [EST]

Answer to If I give my car dealer employer a 30 day notice of retirement and he lets me go can I collect unemployment ? This employer never had anyone retire before. Some have left for other employment with a notice, and being told just to leave. Most seem to leave

If you give 30 days notice of retirement, and your employer lets you go prior to the 30 days being over, you should be eligible for unemployment compensation benefits for the period from when the employer lets you go until the retirement would have taken effect. So if the employer lets you go on the day you give your notice (other than for willful misconduct), then you would have 30 days of eligibility (minus the first week of unemployment for which is the waiting week).

posted Oct 16, 2015 05:41 AM [EST]

Answer to In PA can my employer change my job position, not the description or title of job, without notifying me of the change, and done so while I was on vacation? When asked why the changes, was given the answer of because changes were made.

Yes. If you are an at-will employee, the employer can change your job duties, position, even your pay, without your consent. Your option is that you can always leave the employer if you are not happy with the changes.

If you have an employment contract, the answer could be different. That is, if you have a contract paying you X per year to do Y job, then the employer may have to keep you in Y job.

The answer could also be different if there was some discriminatory reason for the changes, such as you being chosen for a change due to your gender, race, disability, etc.

posted Aug 20, 2015 09:25 AM [EST]