PENNSYLVANIA EMPLOYMENT LAW
All matters involved in the employer-employee relationship like health and safety, discrimination, wrongful termination, wages and hours, disability law, sexual harassment and hiring and termination among others, are known also Employment law or Labor Law. Employment law complaints, claims, and cases must be submitted to the Pennsylvania Department of Labor and Industry.
A Pennsylvania employment attorney should be contacted for complex employment cases that necessitate the collection of evidence and extensive investigation. These cases often involve sexual harassment, discrimination and wrongful termination. In general, however, if you have questions about your employment claim, you should consult a Pennsylvania employment attorney.
Why Hire A Pennsylvania Employment Attorney?
State and federal law are complexly intertwined in Pennsylvania wrongful termination cases and employment cases. As such, these cases must be vigilantly investigated and convincingly asserted for the claimant to succeed. A Pennsylvania employment lawyer can assist you in filing a claim for unpaid wages with the Pennsylvania Department of Labor and Industry, structure and argue your discrimination or harassment claim against your boss, and argue against your wrongful termination. In addition, a Pennsylvania employment lawyer can help you decide if your claim is worth pursuing, or if it is frivolous and will just end up costing you money and time.
If you have a wrongful termination claim, it can be particularly difficult case to handle on your own because it requires that you interact with your former employer. A Pennsylvania wrongful termination attorney will assist you in communicating with your former employer and recommend the best way to obtain recovery for your claim. Generally, if you would like an explanation of your benefits and rights under Pennsylvania employment law, you should talk to a Pennsylvania employment lawyer.
Wrongful Termination In Pennsylvania
In Pennsylvania, there is a presumption that employment is "at will," meaning that a worker is at liberty to leave his job whenever he wants, and an employer can terminate a worker for any reason or no reason, at any time, so long as his rationale for doing so is not illegal. In Pennsylvania, a worker may file a wrongful termination case if an employer fires a worker for illegal or discriminatory reasons. It is illegal to fire a worker in Pennsylvania if:
A Pennsylvania wrongful termination lawyer can be of great assistance to you if you have wrongful termination questions or concerns.
As noted previously, firing a worker based on discriminatory factors is illegal. For instance, firing a worker who is qualified for a position and has the necessary experience based on his age (over 40) or his disability is illegal. If a pregnant woman's pregnancy is seen as a disability by her employer, and she is terminated based on her pregnancy, this is also illegal. Basing a termination on sex, race, national origin and/or religion may also result in a wrongful termination claim. For the best outcome in your case, get in touch with a Pennsylvania wrongful termination lawyer.
Employee Wage/Hour Concerns in Pennsylvania
Effective July 24, 2009, the minimum wage in Pennsylvania is $7.25 per hour. Every employer must pay wages to his employees on regularly scheduled paydays designated in advance by the employer. Wages must be paid every 15 days or at the times specified in the employment contract or after a standard time lapse customary in that profession.
Talk to a Pennsylvania employment attorney about completing and submitting a "Wage Complaint Form" if your employer neglects to pay you all or some of your wages. The form must be submitted to the Bureau of Labor Law Compliance (part of the Pennsylvania Department of Labor and Industry), and may be submitted online or manually.
In Pennsylvania, overtime is defined as hours worked over 40 per week. You get time-and-a-half pay for any overtime hours worked, as mandated by federal law in the Fair Labor Standards Act and implemented by the United States Department of Labor, Wage and Hour Division. If you did not receive your overtime pay, or were not paid the correct amount for your overtime work, you should speak with a Pennsylvania employment lawyer about filing a claim to recover your pay. In Pennsylvania, there are not a maximum number of hours a worker can work per week and an employer is permitted to require a worker to work overtime as long as he is paid at the overtime rate.
Questions about how to file a claim for unpaid overtime or unpaid wages, or questions about employee wages can be answered by a Pennsylvania employment attorney.
Pennsylvania Employment Benefits
Pennsylvania employers are not required by Pennsylvania or federal law to give employee vacation days, life insurance, sick days, health insurance, or other benefits unless it is the employer's stated policy to do so. Additionally, Pennsylvania employers need not provide meal or rest breaks to their workers unless their workers are minors. Pennsylvania disability law also does not require short-term disability leave or maternity leave. But, federal law does mandate that expectant mothers be given 12 weeks of unpaid maternity leave under the Family and Medical Leave Act (FMLA).
Pennsylvania disability law deals with those employees who have been injured or become sick at or because of work, or in accidents connected to work. These workers will receive compensation for their illnesses or injuries, the amount of which depends on the type of injury or occupational disease they suffer.
Talk to a Pennsylvania workers' compensation lawyer about your injury if you have been hurt on-the-job, and discuss your options for recovery. In addition, if you are unsure which federal laws apply to your case, you should discuss your situation with a Pennsylvania employment lawyer.
Pennsylvania Employment and Labor Law Statutes
Pennsylvania Code - Labor and Industry
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