May Mon Post's Answers

May Mon Post
Philadelphia Employment / Labor Attorney.
Contributor Level 8

2

Attorney answers:

  1. May Mon Post
  2. Stuart Jonas Reich

Is there a list of pro-bono immigration attorneys or lawyers anywhere in the state of Pennsylvania ?

Asked by a user in Philadelphia, PA - over 3 years ago.

Try HIAS & Council: http://www.hiaspa.org/home/index.htm. They might be able to give you some guidance. Good luck.

2 people marked this answer as helpful

2

Attorney answers:

  1. John Joseph Miravich
  2. May Mon Post

What are an employee's rights against a hostile work environment

Asked by a user in Philadelphia, PA - over 3 years ago.

You should definitely contact an employment lawyer. In the meantime, you might want to read up on harassment on the EEOC website so that you would have a clearer understanding of your rights and the law. Here's the link: http://www.eeoc.gov/types/harassment.html Good luck.

1 person marked this answer as helpful

1

Attorney answers:

  1. May Mon Post

If I ask work for a week off unpaid (I used all of my vacation time) and they say no, but I take it anyway can they fire me?

Asked by a user in Philadelphia, PA - over 3 years ago.

Are you an at-will employee? Most at-will employees can be terminated for any reason or no reason at all, unless the termination falls within one of the exceptions to that general rule. Of course, it does not mean that you can be terminated for illegal reasons, such as race, gender, disability, etc.

1 person marked this answer as helpful

1

Attorney answers:

  1. May Mon Post

Can you collect unemployment if you quit job due to the company cutting hrs and salary, and can you sue them for PTO promised?

Asked by a user in Philadelphia, PA - about 2 years ago.

Generally, if the employer decides to change the employee's duties, time or place of employment and the change is reasonable, the employee must comply, unless he/she can establish good cause for the refusal. I would argue that you should be able to collect unemployment because cutting the hours in half from 32 hours to 15 hours per week, and cutting the salary by $2.00/hour, is a substantial unilateral change in the terms and conditions of employment, which is a cause of a "necessitous and...

2

Attorney answers:

  1. Forest Dean Morgan
  2. May Mon Post

Is it legal for my employer to pay me my base salary regardless of the hours he demands I work?

Asked by a user in North Wales, PA - about 2 years ago.

It is illegal if your employer has misclassified you as exempt "supervisor." Whether you, as a salaried employee, are entitled to overtime depends on your ACTUAL job duties, not on the job title provided by the company. The reason I say that is because some companies pay employees a salary (instead of an hourly wage) and then tell the employee that he/she is not entitled to overtime because he/she has an "exempt" job title. If the company is misclassifying you, it is illegal. In fact, many...

2

Attorney answers:

  1. Forest Dean Morgan
  2. May Mon Post

Is this legal?

Asked by a user in Lititz, PA - about 2 years ago.

Many companied fail to pay employees for all the time they spent performing work-related activities (for example, for time spent performing work activities before or after their paid shift, for time spent gathering and donning safety or sanitary gear, for time spent attending pre-shift meetings, and for time spent traveling between the shop and the job site). These conducts are illegal. Employees are entitled to be paid for all time spent performing work-related activities, even if the...

1

Attorney answers:

  1. May Mon Post

Can I get fired the same as being asked if I was pregnant?

Asked by a user in Philadelphia, PA - over 2 years ago.

We need a little more information to answer your question, but we can tell you that you may have been subject to pregnancy discrimination if your employer fired you because of your pregnancy. Pregnancy discrimination is defined as discrimination on the basis of pregnancy, childbirth, and related conditions. Under the law, pregnancy is considered a temporary disability. Women who are pregnant or affected by related conditions must be treated in the same manner as other applicants or employees...

2

Attorney answers:

  1. Harold Mark Goldner
  2. May Mon Post

Was this retialiation?

Asked by a user in Philadelphia, PA - over 3 years ago.

I agree with Mr. Goldner, and I want to add that usually a separation agreement/severance offer is contingent upon the execution of a release agreement waiving all rights to sue. Such release documents are valid and binding, except in extreme cases of fraudulent conduct or undue duress. If you feel that your employment had been terminated in retaliation, please do talk to an employment attorney before you sign any agreement. Also, you might want to have an attorney review the separation...

2

Attorney answers:

  1. May Mon Post
  2. Alan James Brinkmeier

Can I sue, my employer for disability discrimnation?

Asked by a user in Trenton, NJ - over 2 years ago.

Do you believe you were harassed and reprimanded because of your race, gender, national origin, disability, religion, age, etc.? The Equal Employment Opportunity Commission has a great website that explains the laws and your rights. http://www.eeoc.gov/facts/qanda.html

2 people marked this answer as helpful

1

Attorney answers:

  1. May Mon Post

Is this grounds for a discrimination case?

Asked by a user in Barnwell, SC - over 2 years ago.

The short answer to your question--without knowing the specific details of your case-- is, probably not. However, this is not a legal advice, nor is it a substitute for an advice of an attorney. You should see an employment attorney in your area. To expand, "discrimination" in the context of employment law means "unequal treatment." The law says that no person employed or seeking employment by a business with more than 15 employees may be discriminated against due to his or her race, color,...

1 person marked this answer as helpful