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Charles V. Curley

Charles Curley’s Answers

40 total

  • Left go four medical problem

    i was working for a company and had a eye strok and was left go for that reson can they do this to me doctor sent me back to work with no restions

    Charles’s Answer

    You may have a claim based upon the Americans with Disabilities Act, the Pennsylvania Human Relations Act or the Family Medical Leave Act. You would need to discuss this in more detail with an employment lawyer.

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  • What is considered sexual harassment in the work place? Owner/Boss has crossed the line on several occasions.

    Within the last few months with my current employer I've felt like certain lines have been crossed based on how uncomfortable these incidents make me feel. Most recently the owner/boss of the company sent me a video of a male co-worker mimicking o...

    Charles’s Answer

    It is quite possible that you are experiencing what is known as a hostile work environment. You should probably make it known that the various conduct is unwelcome to you. In the event that the Company retaliates in some way (e.g. fires you), you would have a claim for retaliation. This is a very general response. I recommend that you speak to an employment lawyer to develop a strategy before you proceed.

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  • Went from salary to hourly wage with less hours due to my manager hiring his girlfriend and giving her my salary and hours.

    Is this legal? This was done without cause. I was performing my duties and responsibilities. No advance warning was given. I went into work and was told of the new arrangements. I will still be performing my same duties as before; just making le...

    Charles’s Answer

    This probably falls into the category of being "wrong" but not illegal. That being said, I am curious to understand your duties ad it is possible that you should have been paid as an hourly employee all along. By that I mean that under the Fair Labor Standards Act you may be a non-exempt employee who is entitled to overtime compensation.

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  • I did work for a General Contractor and did not get paid for the job. The GC has been paid. What is my recourse?

    We performed stucco and stone work on a Hampton Inn Hotel for a General Contrator in Berks County. We received payment for the first six payment billed. The General Contractor refuses to release payment for the final two payments totalling over ...

    Charles’s Answer

    You probably have a claim under the Contractor and Subcontractor Payment Act (CASPA). This is the good news because the CASPA statute allows you to recover the principal amount owed plus attorneys fees and a penalty. Before you get to that point, however, it sounds like you may be able to resolve this matter with a global settlement involving the GC and your subcontractors perhaps by using a Joint Check Agreement.

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  • Do I need a attorney for this matter

    I was fired from employment on July 29 but told I would receive a vacation pay out til this day I have still not received it and now no one is returning my phone calls from the company, what should I do?

    Charles’s Answer

    From the limited information, it sounds like you have a claim under the Pennsylvania Wage Payment and Collection Law. The best course would be to send a demand letter and then follow up with a lawsuit in small claims court (i.e. Municipal Court or District Court).

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  • I have a contract with my employer that outlines a bonus plan. When they paid the bonus they underpaid all of the employees.

    I have a contract with my employer that outlines a bonus plan. The bonus for last year was paid this past Friday and was significantly short. When confronted, my manager informed me that they didn’t have the money to pay the full amount and ther...

    Charles’s Answer

    Most likely, you are entitled to be paid the promised non-discretionary bonus under the New Jersey Wage Act. Based upon the facts, you could also make an argument for the discretionary bonus as well. Consult and experienced employment lawyer for your best option.

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  • My previous employer is suing me for breach of contract due to non-compete agreement.

    I worked as a consultant to an end-client but my employer was not the direct vendor of my client and they don't have a contract/agreement together and I found out that my employer is paying me below of what they filed to Dept. of Labor as my preva...

    Charles’s Answer

    Generally speaking, non-competes are enforceable, but they are not favored by the courts. It sounds from your question that you have some extenuating circumstances that could be used to defeat your employer's plan to prevent you from working. You should consult with an experienced attorney who should be able to develop a winning strategy.

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  • Filed a complaint for harassment at work, now being threatned with termination; what area of the law would this be?

    Need a reference for a lawyer who would handle matters such as the one stated above.

    Charles’s Answer

    You probably have what is known as a retaliation claim under the applicable discrimination laws. Before you do anything else, have a consultation with an attorney to understand and preserve your rights.

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  • My employer is paying us overtime incorrectly. What can we do?

    Instead of paying us over time for any hours worked over 40 in a work week, they pay us overtime based on any hours per day worked over 8. For example, I worked 6 days this week, but since I did not work more than 8 hours any of those days, I will...

    Charles’s Answer

    You and your co-workers likely have a FLSA claim. Often this can be resolved with a demand letter to the employer with the threat of litigation. Most FLSA attorneys will work on a contingency and get paid by the employer.

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  • Recently terminated in Pennsylvania

    I worked for a large bank in the credit department. My bank recently let me go citing performance standards. They just changed the performance standards in November. It also stated that the employee should have PIP (performance improvement plan)...

    Charles’s Answer

    I assume that you are an at-will employee. That being the case, you will need to demonstrate that you have been discriminated against. Are you in any protected class: age, gender, race etc. ? And assuming that you were in a protected class, do you believe that your termination was motivated by discrimination? If you have been offered any severance and given a release, you should have an employment attorney review it for you.

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