Hundreds of thousands of hard-working Pennsylvanians were recently fired from their jobs because of COVID-19. Like never before, Pennsylvania residents are seeking answers to questions about their rights as an employee.
In 2020, in response to COVID-19, many employers decided to terminate long-standing employees. And because of this, The Law Firm of Fenters Ward has seen a sharp up-tick in the number of incoming calls.
If you are one of the many Pennsylvanians who lost their job due to COVID-19, Fenters Ward is here to assist you by giving free in-person or Zoom consultations to anyone who has questions about a current or former employer.
Should I take the time to learn my rights?
Common sense tells you that the majority of people do not want to challenge their employer because they fear losing their job or some other form of retaliation. However, this year, many people were fired because employers wanted to save money during the COVID-19 pandemic.
It is only natural that many employees are now looking for answers regarding illegalities in the workplace in the wake of being terminated due to COVID-19. For your reference, our website includes a wealth of information. We are proud to serve as a free source of information for any employee who wants to take the time to learn their rights.
What are the Most Asked Employment Law Questions?
If you are seeking advice regarding your employment situation and do not know where to begin, here is a list of some of the most common employment law questions:
- Was it legal for my employer to fire or terminate an employee? (this includes termination for COVID-19 related reasons)
- Can my employer fire someone for asserting their rights?
- What happens if a boss or co-worker engaged in sexual harassment?
- Has an employee been a victim of discrimination based on disability, age, gender, sexuality, race, nationality, or religion?
- Can an employer use old criminal records to terminate an employee?
- When does an employee have to abide by a non-compete or non-solicitation agreement?
- When can an employer deny family medical leave?
- Can an employer withhold my earned commissions?
- Is an hourly wage below what is legally required to pay?
- Is it legal for my employer to pay an employee as a 1099 subcontractor?
- Can an employer require work that is ‘off the clock’?
- Is it legal for an employer to not pay overtime to salaried employees?
While most people and many employers may not understand the complex area of employment law, The Law Firm of Fenters Ward’s experienced attorneys have got you covered.
What are the Most Common Employment Law Cases?
In our experience, the violations that most commonly go unnoticed are illegal wage cases. Examples include failure to pay overtime or failure to pay the correct rate of overtime. This is particularly true as employers try to save money during the COVID-19 global pandemic.
Because these laws are complex, many employers do not fully understand them. As a result of this, employers may not even know what the laws they are required to follow are.
Pennsylvania law favors the employee. But because employers do not know this, many employers will not pay overtime because they have misclassified an employee as a 1099 or salary exempt from receiving overtime.
Some common examples of this include:
- Salaried or mid- or low-management;
- Construction foremen or project managers;
- Retail managers; and
- Restaurant or hospitality employees.
Many employees are owed tens or hundreds of thousands of dollars in unpaid overtime and may not even know it. But unless you fall into a one of the specific exemptions, if you work over 40 hours a week, any additional hour worked is required to be compensated at a rate of one-and-a-half time pay.
As is the case with any legal issue, there are timed deadlines. At The Law Firm of Fenters Ward, we process over a thousand lawsuits in court each year.
When you are facing trouble in the workplace or were terminated because of COVID-19, you need a law firm that can quickly identify the issues, enroll your case, get it filed and resolved. Fenters Ward is here to help in every county in Pennsylvania.
For more information regarding your rights as an employee under the law, click around our website and read our complimentary employee rights handbook. And for further legal advice, we can be reached at 877-259-WARD or by filling out this contact form. We look forward to speaking with you.
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