Employment Law Articles
When does a termination become unlawful?
I receive calls all of the time from people who believe that have been wrongfully terminated. Unfortunately, the vast majority people who believe that they have been unlawfully terminated end up discovering that they do not have any legal recourse against their employer.
Pennsylvania is an at-will employment state which means that most employees can be terminated for any reason, a bad reason, or no reason at all except in cases of discrimination on the basis of race, color, national origin, sex, religion, or age. Other than discrimination laws, the only way an employee is protected from being terminated is if they have a contract with the employer that states they can only be terminated “for cause.” Additionally, if the employee is represented by a union, additional procedural safeguards may protect the employee from termination and the employee would gain additional rights through their union’s collective bargaining agreement.
When does …
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PHRC and EEOC Timelines and Deadlines For Discrimination
If you have a claim for employment discrimination on the basis of race, color, national origin, gender, sex, religion, or age, it’s very important to see an attorney who can help you through the entire process since it’s a very lengthy and complicated process. The advice contained below is for informational purposes only and is based on Pennsylvania law. If you have a claim for discrimination, seek the advice of an attorney immediately.
Filing a Claim With the PHRC and EEOC
Before an individual can sue in court for discrimination that occurs in Pennsylvania, they must first pursue administrative remedies. This means that the employee must first file a claim with either the Pennsylvania Human Relations Commission (PHRC) or Equal Employment Opportunity Commission(EEOC). If you file a claim in court without first filing with the PHRC or EEOC, your case will be dismissed.
Employees in Pennsylvania are protected from discrimination …
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Can unemployment benefits be denied for poor work performance in PA?
Many people who are terminated for “poor work performance” are wondering if they will be denied Pennsylvania unemployment benefits. In our last article, we discussed the reasons unemployment compensation benefits are denied. To summarize, PA UC benefits are denied for the following three reasons: (1) you voluntarily quit; (2) willful misconduct; and (3) you did work for the employer long enough (16 weeks).
Wilfull misconduct is found when the employer’s interest is disregarded by the employee. The next question becomes, is poor work performance considered willful misconduct under PA UC laws? The answer is no, you will not be denied unemployment benefits for poor work performance unless the board finds that it was intentional or willful. If it is found that you intentionally failed to work to the best of your ability, your UC benefits may be denied.
In order for there to be willful misconduct, the employer will …
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What is an “adverse employment action” in the context of discrimination cases?
Do you feel that you have been retaliated against in the workplace because you filed a claim for discrimination? In order to establish a claim for retaliation, you must show that you have suffered a materially adverse employment action. In other words, you were fired, denied a promotion, demoted, or you saw a decrease in your pay. Failure to get a certain job assignment or a more favorable office space may not be sufficient to bring a claim for retaliation.
In a 2010 decision, Rebecca Lockridge v. University of Maine System, the First Circuit Court of Appeals examined whether failing to obtain an open position at a more favorable office location was retaliatory when the position was denied to a woman who previously filed a claim for discrimination. Â The Court held that to be materially adverse, the action must be one that could dissuade a reasonable worker …
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Required Employer Postings In Pennsylvania
Every Pennsylvania employer is required to post certain notices within the workplace. Failure to post the required notices may result in liability including fines, penalties, or liquidated damages.
Here is a general checklist of notices that must be posted by employers:
- Minimum Wage Law and Fact Sheet – Form No. LLC-1 – Contact the Department of Labor and Industry (717-787-4671)
- Abstract of Equal Pay Law – Form No. LLC-8 – Contact the Department of Labor and Industry (717-787-4671)
- Unemployment Compensation Form – Form UC-700 – Contact the Department of Labor and Industry (717-783-3140)
- Workers’ Compensation Insurance Posting – Form LIBC-500 – Contact the Department of Labor and Industry (717-783-5421)
- Employment Provisions of the PA Human Relations Act – Contact the Pennsylvania Human Relations Commission (717-772-2845)
Please consult with an attorney to determine if any additional notices are required to be posted in your workplace.
In some cases, additional notices may …
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How To Establish Employment Discrimination
If you have been discriminated against in the workplace, you may be wondering what you have to prove to establish a case. The first thing to be aware of is that employment discrimination applies to all types of employment actions. Not only do discrimination laws apply to the hiring and termination of employees, but it also applies to job assignments, compensation, promotions, and job benefits.
The Supreme Court has stated that the following four elements must be proved to establish a prima facie case of employment discrimination:
- Protected Class — You must be a member of a protected class which consists of race, sex, national origin, religion, and age.
- Qualified — You must establish that you are qualified for the position in question.
- Adverse Employment Action — You must establish that you were either denied a job, terminated from a job, failed to receive a promotion, or were denied certain
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