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Virginia Lee Hardwick

Virginia Hardwick’s Answers

3 total

  • If my employer terminates my employment in Pa, how long to they have to give me my back pay?

    I was laid off along with all other employees from the company over 6 weeks ago. The company owes me (as well as other employees) 5 weeks of back due pay since they had been late on the last pay rolls. Originally they told me they were filing ...

    Virginia’s Answer

    This sounds like a violation of Pennsylvania law, which requires pay within 15 days. The failure to pay on the regular pay day may also violate the federal Fair Labor Standards Act. You may want to contact the Department of Labor or Pennsylvania's Department of Labor and Industry. (Warning: I understand that it is difficult to get through to PA's Department of L & I, which is very backed up now because of the large number of unemployment claims.)

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  • Wrongful dismissal

    I was told i was being laid off for economic reasons. I have learned that they have hired someone in my place just 2 weeks after. i was a supervisor and not in a union. i was never in the twelve years i worked there ever given any kind of discipli...

    Virginia’s Answer

    We need more facts to know whether you might have a cause of action. The fact that they hired someone else makes it appear that your lay off was pretextual -- in other words, it was not really for economic reasons. The question is whether you were let go for an improper reason.

    If the employer's real motivation was discrimination for an unlawful purpose, then you have a cause of action. For example -- If you are over 40 years old, you may have an age discrimination case, especially if the employer hires someone younger. Similarly, if you believe that you were let go because of your race, your gender or your religion, you may have a cause of action. If you were let go because you requested an accommodation due to disability or because you took FMLA leave, you have a cause of action. If you were let go because you refused to participate in unlawful activity, you may also have a wrongful termination case.

    However, if your employer simply preferred to have someone else in the job, there might not be a cause of action.

    You may want to explore the facts of your situation in more detail with an attorney.

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  • NJ state employment law, employer's right to terminate employment in NJ state

    Can we terminate an employee for use of drugs and driving a company vehicle irrradically on company time. We have a not tolerance program. How do we word the unemployment response.

    Virginia’s Answer

    The short answer is yes you can fire an employee for this reason. On a response to an unemployment application, you will want to say that he was fired for wilful misconduct and describe what the misconduct was. If you have a written policy that theis employee violated, attach it to your response.

    In terminating an employee, be careful to see that there is not a basis for a claim that this is a pretext for discrimination. If the employee might have a claim that he is being fired because he is in a protected class (race, gender, age, religion, disability) you will want to be doubly careful to dot your i's and cross your T's. Be especially careful if other employees have engaged in this behavior and have not been terminated.

    Disclaimer: Of course, as you probably know, my answer is based only on the information in your question and does not constitute attorney-client legal advice.

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