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Employment Law FAQ

An injury suffered at work, including under some circumstances a stroke, may be compensated under the Workers Compensation law. If you have suffered an injury while working, you should consult with an attorney.The Equal Employment Opportunity Commission, (EEOC) , the Pennsylvania Human Relations Commission (PHRC), and any local government commission, such as the Philadelphia Commission on Human Relations, can provide general information. If you believe that you have been discriminated against on the basis of your age, you should consult an attorney promptly.A person whose employment has been terminated can file for unemployment compensation with the Pennsylvania Department of Labor and Industry, through this link: http://www.uc.pa.gov/unemployment-benefits/file/Pages/File%20an%20Initial%20Claim.aspx. If you have any questions about the process or your eligibility for unemployment compensation, you should contact an attorney. If your application is denied, you should seek legal advice promptly, because the time period to appeal a denial is only fifteen (15) days.Some non-compete agreements are legal, but in Pennsylvania they must be reasonably necessary to protect the employer's business interest and reasonable in time and geographic area. It is important to consult an attorney to evaluate a specific non-compete agreement.A hostile work environment can be caused by many types of conduct. Sexual comments, touching, or requests for sexual favors can create a hostile work environment. Racially inappropriate comments, images, or conduct can also create a hostile work environment. Under the law, the conduct must be "severe" or "pervasive" to be actionable. Consulting an attorney promptly is advisable. Adverse action under the FMLA must be tangible, and can include termination of employment, demotion, or reduction in pay. "Light duty" varies by the type of job. Often it can mean working a desk job instead of a physically demanding job.Employers are required to pay time and a half for hours worked over 40 hours per week for most employees, but not for those who are "exempt" from overtime, which includes most professional and managerial employees. If you believe that you have not been paid overtime that is due, you should consult with an attorney.In Pennsylvania, an employee can be hired or fired "at will" for any reason, as long as it is not discriminatory, retaliatory, in violation of public policy, or in violation of a statute that protects his or her employment.Harassment in the work environment does not automatically mean that you have a cause of action. Sexual harassment can include requests for sexual favors, unwanted touching, and sexual comments.To file for short term disability, you should consult with the Human Resources office in your company to obtain the necessary forms. You may be required to provide medical documentation to support your claim.

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