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Charles V. Curley

Charles Curley’s Answers

45 total


  • Severance pay is in my contract but my employer isn't paying: what do I do?

    My contract says that upon termination I am entitled to two weeks base salary as severance. I was laid off due to lack of work and my last day was Friday, 11.20.2015. There is nothing written in the contract about the time period he has to pay thi...

    Charles’s Answer

    It sounds like you have a contractual right to those monies. You should consider hiring a lawyer to make a wage claim for you. If successful your employer would be responsible for paying your attorney's fees as well as a penalty.

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  • Can my employer decide not to pay me my owed salary and severance because he is closing the business?

    My boss just told me on Friday he is "closing the doors" and the business is done. He still owes me my first week of pay that was withheld, money he never paid me for two pay periods ago, a paycheck for the current pay period (ending next Friday)...

    Charles’s Answer

    The company and your Boss are both liable to pay your wages. You should pursue this with an employment lawyer. If you prevail you could receive an additional penalty plus recovery of your attorney's fees.

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  • Employee was granted unemployment compensation after working for 5 weeks. She did not show for work and never called.

    Employee was granted UC because she was never warned about her attendance. I am going to appeal because the employee never showed up for work again and never called. The determination states since I never warned her this does not cons...

    Charles’s Answer

    I think you have a fairly good argument. You will argue that it should be fundamental that an employee must appear for work. Here, the employee "voluntarily quit" by failing to appear for work. I would fully expect that there is case law available that would provide a directly analogous situation. If even just on principle, you should consider whether you want to research the issue so that you can present a winning defense.

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  • Can a company phase out or eliminate a long-standing position?

    Female, late 50's, employed with the same company for 30+ years, no bad reviews

    Charles’s Answer

    The answer to your question is: YES. But there is another question that springs to mind: are you the victim of age discrimination? You should contact an experienced employment lawyer and pursue that question.

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  • EOE vs bipolar

    My employer is EOE. I have bipolar that's pretty well handled. Stress does cause issues, typically formal thought disorder and saying pretty off the wall things (that no sane person says). I recently said something which was pretty aggressive soun...

    Charles’s Answer

    You may very well be considered a person with a disability under state and federal employment laws. If that is the case, then your employer must understand your limitations and accommodate you if possible. If you have an HR department this is something you should bring to their attention. You should also consult with an employment lawyer.

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  • 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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