Job Related Stress in Pennsylvania - What To Do?

Employment Attorney Representing Only Employees in Communities Such as Rosemont, Bryn Mawr, Haverford, Telford, Frazer, Malvern, Exton, Phoenixville, Oaks, Limerick  Avondale, Chestnut Hill and Surrounding Areas

At the Gallagher Law Group, we represent only employees with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need an Experienced Labor Lawyer to help you assert your rights under state and federal laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991. You may also visit our Website at http://www.johnagallagher.com/.

You may have heard about Steve Slater, the JetBlue Floight Attendant who suddenly quit his job in a furor, grabbed two beers and exiting the plane via the emrgency chute.  Don't we all want to do that from time to time?!!! 

However, you cannot get unemployment if you quit a job because a boss or co-worker is simply being rude or verbally abusive (unless it is really extreme and you first complain to managemnet and give the company a chance to sort things out, and even then it is risky). 

So, if you quit like Steve Slater, you leave only with your "princiople" and your "dignity."  But, you can't eat principle and dignity, and it won't pay the bills.  Then, left with nothing but principle and dignity, and no unemployment benefits to boot, you are in deep trouble.

That leads some people, like Steve Slater, to beg for their jobs back after they let their "principles" and "dignity" run amuck.  Not surprisingly, JetBlue is not interested in rehiring him and, despite his celebrity status, no airlines are lining up to do so either!!  And the woman who Facebooked Steve and told him "I've got your back!"?  Despite her initial support, she has not found him a job, paid his mortgage, grocery bill, car payment, etc. 

TAKE MEDICAL LEAVE FOR STRESS BEFORE QUITING A JOB

Give yourself a chance, take FMLA leave for a few weeks or so before quitting your job [To determine if you are qualified for FMLA leave, enter "FMLA" in the Search Bar on this Blog and apply the rules to your situation].  It is unpaid, but you are guaranteed your job back when you return, and you can use your vacation time to keep the money coming in.  With a good doctor, you can even get Short-Term Disability benefits to keep you afloat while recharging your batteries.

SPEAK WITH AN EMPLOYMENT LAWYER BEFORE YOU QUIT YOUR JOB DUE TO STRESS

Nearly all of us all have job related stress, rude bosses and co-workers, too much work and too little time, unrealistic expectations, personality conflicts, favoritism....

However, the courts consider such interactions and realities normal, and one cannot bring a lawsuit for a hostile work environment just because we are treated rudely or unfairly. The only exceptions to that rule, or I should say the most common exceptions, are where an employee can prove that he/she is being treated poorly or differently because of his/her age, sex, race, national origin, religion, disability, or in retaliation for seeking rights under state and federal laws governing things such as family leave, overtime or workers compensation benefits.

Employment Law Firm Helping Residents of Delaware County, Montgomery County and Chester County, Pennsylvania Who Are Experiencing a Hostile Work Environment

There are better ways to quit a job than doing what Steve Slater did. In fact, there are effective legal strategies you can employee to require your employer to address your legitimate work-related, stress-inducing issues. If you employ such strategies, and things still do not improve, than you may be able to quit your job and get unemployment benefits. We routinely help people who are under significant job-related stress. Call today and schedule an appointment if you would like to learn some effective legal coping mechanisms.

You have read this article FMLA / hostile / job / John A. Gallagher / Labor / lawyer / legal strategy / Pennsylvania / quit / stress / voluntary with the title August 2010. You can bookmark this page URL http://clapclapclappp.blogspot.com/2010/08/job-related-stress-in-pennsylvania-what.html. Thanks!

Flight Attendant Steve Slater's Not Suing Anyone

Philadelphia Area Employment Law Firm Representing Employees in Communities Such as Exton, Frazer, Berwynn, Devon, Ardmore, Glenside, Conshohocken, Newtown Square, Springfield, Lansdowne and Surrounding Areas

At the Gallagher Law Group, we represent only employees with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need an Experienced Employment Attorney to help you assert your rights under state and federal laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991. You may also visit our Website at http://www.johnagallagher.com/.

WHY FLIGHT ATTENDANT STEVE SLATER CAN'T SUE ANYONE

As stated in my previous Blog, Steve Slater cannot get unemployment in Pennsylvania (or in probably any state), because he did not have a necessitous and compelling reason for quitting his job.  I thought some of the comments of support for Mr. Slater were pretty laughable.  My favorite was this one: "Slater should sue [the passenger who caused him to freak out] in civil court for his injury, and the trauma she caused him."  There is zero chance of that happening.  You cannot sue someone for simply being rude, no matter what type of damages (i.e. mental distress, quitting your job) you suffer.  End of story.

Nearly all of us all have job related stress, rude bosses and co-workers, too much work and too little time, unrealistic expectations, personality conflicts, favoritism....

However, the courts consider such interactions and realities normal, and one cannot bring a lawsuit for a hostile work environment just because we are treated rudely or unfairly.  The only exceptions to that rule, or I should say the most common exceptions, are where an employee can prove that he/she is being treated poorly or differently because of his/her age, sex, race, national origin, religion, disability, or in retaliation for seeking rights under state and federal laws governing things such as family leave, overtime or workers compensation benefits.

Employment Lawyer Helping Residents of Delaware County, Montgomery County and Chester County, Pennsylvania Who Are Experiencing a Hostile Work Environment

There are better ways to quit a job than what Steve Slater did. In fact, there are effective legal strategies you can employee to require your employer to address your legitimate work-related, stress-inducing issues.  If you employ such strategies, and things still do not improve, than you may be able to quit your job and get unemployment benefits. We routinely help people who are under significant job-related stress. Call today and schedule an appointment if you would like to learn some effective legal coping mechanisms.

You have read this article Attorney / consultation / damages / employees / Employment / hostile work environment / John A. Gallagher / Montgomery County / Pennsylvania / quit / retaliation / strategy / work with the title August 2010. You can bookmark this page URL http://clapclapclappp.blogspot.com/2010/08/flight-attendant-steve-slater-not-suing.html. Thanks!

Don't Take This Job and Shove It

Philadelphia Area Employment Law Firm Representing Employees in Communities Such as Malvern, King of Prussia, Chestnut Hill, Doylestown, Downingtown, Phoenixville, Oaks, Ambler, Abington, Flourtown, Reading and Surrounding Areas

At the Gallagher Law Group, we represent only employees with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need an Experienced Labor Attorney to help you assert your rights under state and federal laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991. You may also visit our Website at http://www.johnagallagher.com/.

WHY FLIGHT ATTENDANT STEVE SLATER MADE A MISTAKE QUITTING HIS JOB

By now, many of you have heard about the flight attendant who, feeling pushed to the limit with his job responsibilities, and having been frustrated by a passenger, grabbed two beers, went onto the plane's intercom, went on a profanity laced tirade, quit his job and jumped down the emergency chute to the world of unemployment.

I am sure that, by the time he finished his two beers, he had at least fleeting thoughts of regret.  If not, he will soon enough.  Yes, he became famous on YouTube.  Yes, he had supporters who said "you did what we all feel like doing" and "you made my day" and, my personl favorite, a woman who proclaimed,  "I've got your back."  (Great, said Mr. Slater, I'll send my mortgage bill and car payment to you without delay!)

Well, such support is wonderful, as is 15 minutes of fame, but the World keeps turning and right around the time we forget about Steve Slater, the crushing effect of his actions will start to hit him (assuming that he actually needs income, of course).

First of all, if you quit your job out of frustration in Pennsylvania (and in probably any state), you will not get unemployment benefits.  So, the principle that caused Steve Slater to quit his job had better be acceptable principal at the grocery store, the utility company and his mortgage lender, or else he could be in deep financial trouble soon (I don't see other airlines lining up to hire him). 

As I tell my clients, have the family over for Thanksgiving and feed them principle for dinner and see how that goes over.  Wrap up a box of principle and put it under the tree on Christmas morning and watch your daughter's eyes light up with...surprise. Send your son's college a check for unlimited principle and see how long he stays enrolled.  Ahh, martyrdom....

Take This Job and Shove It - A Big Hit, But a Bad Idea

Johnny Paycheck wrote that song back in the 70's, and many of us could identify with it then, and can identify with it now.  Employees are being laid off at record-rates, and the "lucky" survivors usually have to do more work at the same (or less) rate of pay.  But, as one Slater sympathizer suggested, most all of us feel extremely upset and frustrated about work from time to time.  We did in the 70's, and we do in the 10's.  That will never change.

But, one thing I can assure you.  That woman who said that she had Steve Slater's back - I guarantee you she isn't paying his gas bill this month!

Labor Law Firm Helping Residents of Montgomery County, Chester County and Delaware County, Pennsylvania Who Are Experiencing a Hostile Work Environment

There are better ways to quit a job than what Steve Slater did.  In fact, there are ways to make the Company improve your work situation and, if they still refuse, than you may be able to quit your job and get unemployment benefits.  We routinely help people who are under significant job-related stress.  Call today and schedule an appointment if you would like to learn some effective legal coping mechanisms.

You have read this article job / John Gallagher / lawyer / legal strategy / quit / referee / terminated / unemployment / voluntary with the title August 2010. You can bookmark this page URL http://clapclapclappp.blogspot.com/2010/08/don-take-this-job-and-shove-it.html. Thanks!

Philadelphia Area Attorney Employment Lawyer Explains Overtime Rights in Pennsylvania

Philadelphia Area Law Firm Specializing in Overtime Cases Representing Employees in Communities Such as Broonall, Newtown Square, Lawrence Park, Radnor, Villanova, Springfield, Edgemont, West Goshen, Devon, Berwyn, Wayne, Bryn Mawr, Ardmore, Narberth, Roxborough, Bala Cynwyd and King of Prussia

At the Gallagher Law Group, we represent only employees with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need an Experienced Overtime Lawyer to help you assert your rights under state and federal laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991. You may also visit our Website at http://www.johnagallagher.com/ 

For a comprehensive view of overtime and FLSA standards and laws, Click Here.

Pennsylvania Overtime Law Firm With Offices in Chester County, Montgomery County, Delaware County and Philadelphia Working on a Contingent Fee Basis

What is overtime?  Overtime is payment of 1.5 times your normal hourly rate for each hour you work over 40 on a given week (you do not get overtime merely because you work 12 hours in a given day; you must work more than 40 in a given week). Employers who are caught failing to pay overtime to their employees must pay their employees twice the amount of overtime they earned but were not paid! 

I am Paid a Salary, So I Guess that Automatically Means I Am Not Entitled to Overtime, Right?  That is categorically untrue!  In fact, this (paying non-exempt employees a salary) is one of the most common tactics utilized by employers to avoid paid non-exempt employees overtime wages to which they are entitled.  Click Here for more information on this issue. 

How do I Figure my Hourly Rate if I am Paid a Salary?  You simply take your gross weekly pay rate and divide by 40.

Suppose I am Paid "Straight Time" for any Hours I work in Excess of 40 in a Week?  If you are entitled to overtime, that is a violation of state and federal law.  You must be paid 1.5 times your hourly rate.

Can They Fire Me in Retaliation if I Demand Overtime?  They can, but if they do so, they would be violating state and federal law.  Under Federal law (the Fair Labor Standards Act), if they fire you because you have demanded overtime, thereby causing you to lose wages, then the employer must pay you twice the amount of your lost wages if you win your lawsuit!. 

Labor Law Firm in Philadelphia Area Handling Overtime Claims for Residents of Montgomery County, Chester County and Delaware County, Pennsylvania

Please use the Search Box in the upper right hand of this Blog for additional Blogs concerning overtime, and check out our Video discussing overtime as well.  We handle overtime claims on a contingent fee basis; that we do not get paid for prosecuting your overtime claim unless we win, so please do not hesitate to call for a free telephone consultation if you believe you may have a claim.

You have read this article consultation / county contingent / demand / earnings / Employment / John A. Gallagher / lawyer / overtime / pay / Pennsylvania / Reading / rights / salary / wages / win with the title August 2010. You can bookmark this page URL http://clapclapclappp.blogspot.com/2010/08/philadelphia-area-attorney-employment.html. Thanks!

Can I Get Overtime if I am on a Salary in Pennsylvania?

Attorney Specializing in Employment Law Representing Employees in Communities Such as Malvern, Exton, Paoli, Downingtown, Phoenixville, Collegeville, Lionville, Royersford, Oaks, Lansdale, Ambler, Blue Bell, Chestnut Hill and Plymouth Whitemarsh

At the Gallagher Law Group, we represent only employees with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need an Experienced Overtime Attorney to help you assert your rights under state and federal laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991. You may also visit our Website at http://www.johnagallagher.com/

For a more comprehensive discussion of overtime laws, Click Here.

Pennsylvania Overtime Law Firm With Offices in Paoli, Exton, King of Prussia, Radnor, Plymouth Meeting and Philadelphia

Just because you are paid a salary does not mean that you are exempt, this is, ineligible, from receiving overtime.  In fact, many employers try to avoid paying overtime by putting non-exempt (i.e. eligible) employees on a salary.  Since most people believe that, if they receive a salary they are ineligible from getting overtime, this tactic has the effect of "tricking" employees to avoid paying them that which they are due. 

Here are two common ploys that we see: 1) the employer switches the employee between salary and hourly, paying the employee hourly when business is slow, and salary when business is good, and the employee is required to work well in excess of 40 hours per week; 2) "promoting" an hourly employee to a salaried position, while by and large not changing the employees work responsibilities.

What Should I Do If I Believe I am Owed Overtime in Pennsylvania?

You probably want to seek counsel.  If you want to go it alone, then you should put your complaint in writing.  If the employer retaliates against you by demoting you, failing to promote you or firing you, you would have a claim for illegal discharge under the Fair Labor Standards Act. You may also want to check out our Video on Overtime.

How Long Do I have to Bring a Lawsuit for Overtime in Pennsylvania?

Two years for unintentional violations, and 3 years for intentional violations.  That means that for each day beyond those time periods you wait, you lose a possible claim for overtime.

If you believe you have been denied overtime pay to which you are entitled, call us today and we will discuss your matter at no cost to you. We represent only individuals, each and every day, and specialize in asserting their rights in state and federal courts throughout Pennsylvania on a contingent fee basis.

You have read this article 40 hours / consultation / exempt / hourly / John Gallagher / lawsuit / non-exempt / overtime / Pennsylvania / rights / salary / violations with the title August 2010. You can bookmark this page URL http://clapclapclappp.blogspot.com/2010/08/can-i-get-overtime-if-i-am-on-salary-in.html. Thanks!

Philadelphia Area Employment Law Firm

Employment Lawyers Representing Employees in Communities Such as Paoli, Exton, Malvern, Phoenixville, Downingtown, Chadds Ford, Media, Broomall, Springfield, Wayne, Lansdale, Souderton, Blue Bell, Ardmore, Reading and Lancaster

At the Gallagher Law Group, we represent only employees with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need an Experienced Employment Lawyetr to help you assert your rights under state and federal laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991. You may also visit our Website at http://www.johnagallagher.com/

Recently , we have uploaded some videos on YouTube to provide employees with answers to frequently asked questions. Although these videos are not intended to consuitute legal advice from me to you, they hopefully will help you achieve a better understanding of the way employment law works. In this way, you will be better able to assert and protect your right to work. Here are links to 3 videos you may want to check out:

What is Sexual Harassment and What Can I Do About It?

7 Things to Know About Unemployment in Pennsylvania

What Are My Rights Under the Family and Medical Leave Act in Pennsylvania?

Also, to find out more about commonloy asked employment law questions, use the Search tool on this Blog.

Contingent Fee Labor Lawyer in Philadelphia Area With Offices in Paoli (Main Office), King of Prussia, Radnor, Plymouth Meeting, Exton and Center City

If you believe you have been the victim of a wrongful termination, call us today and we will discuss your matter at no cost to you. We represent only individuals, each and every day, and specialize in asserting their rights in state and federal courts throughout Pennsylvania on a contingent fee basis.

You have read this article Attorney / claim / discrimination / Employment / Exton / John A. Gallagher / law suits / representation / retaliation / rights / Springfield / wrongful termination with the title August 2010. You can bookmark this page URL http://clapclapclappp.blogspot.com/2010/08/philadelphia-area-employment-law-firm.html. Thanks!

Philadelphia Labor Law Attorney

Employment Law Firm Representing Employees in Chester County, Delaware County and Montgomery County, Pennsylvania

At the Gallagher Law Group, we represent only employees with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need an Experienced Labor LawAttorney to help you assert your rights under state and federal laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991.  You may also visit our Website at www.johnagallagher.com

Recently , we have uploaded some videos on YouTube to provide employees with answers to frequently asked questions.  Although these videos are not intended to consuitute legal advice from me to you, they hopefully will help you achieve a better understanding of the way employment law works.  In this way, you will be better able to assert and protect your right to work.  Here are links to 3 videos you may want to check out:

What Does it Mean to Be an Employee at Will in Pennsylvania?

What is a Reasonable Accommodation under the Americans With Disabilities Act?

Have I Been Retaliated Against Illegally?

Also, use the Search button on this Blog to find other informative information we have posted about the rights of Pennsylvania Employees.

Contingent Fee Employment Lawyer in Philadelphia Area With Offices in Paoli (Main Office), King of Prussia, Radnor, Plymouth Meeting, Exton and Center City

If you believe your employer has fired you illegally, call us today and we will discuss your matter at no cost to you. We represent only individuals, each and every day, and specialize in asserting their rights in state and federal courts throughout Pennsylvania on a contingent fee basis.

You have read this article appeal / damages / employees / employer / hearing compensation / job / John A. Gallagher / Labor / pay / win with the title August 2010. You can bookmark this page URL http://clapclapclappp.blogspot.com/2010/08/philadelphia-labor-law-attorney.html. Thanks!

Philadelphia Employment Law Firm Representing Employees Who Are Owed Wages

Law Firm  Representing Employees in Chester County, Delaware County and Montgomery County, Pennsylvania Who Are Owed Back Wages on a Contingent Fee Basis

At the Gallagher Law Group, we represent only employees with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need an Experienced Contingent Fee Employment Attorney to help you assert your rights under state and federal wage laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991.

Visit http://www.johnagallagher.com/.

How Does a Contingent Fee Agreement Work?

We don't charge you any legal fees or costs unless we win your case. If we win your case, we take a percentgae of your winnings. The contingent fee precentages vary from matter to matter.

What Types of Wage Claims Do We Handle on a Contingent Fee?

We handle overtime claims based upon the federal Fair Labor Standards Act or Pennsylvania's Minimum Wage Act.  We also take cases for employees who are owed wages (hourly or salary), vacation pay, bonuses or severance on a contingent fee.

Pennsylvania Contingent Fee Employment Law Firm in Philadelphia Area With Offices in King of Prussia, Radnor, Plymouth Meeting, Exton, Center City and Paoli (Main Office).

State and federal laws are very strict when it comes to protecting the rights of employees to compensation thay are rightfully due.  If you believe your employer owes you wages, call us today and we will discuss your matter at no cost to you. We represent only individuals, each and every day, and specialize in asserting their rights in state and federal courts throughout Pennsylvania.

You have read this article Chester County / employees / John A. Gallagher / Law Firm / minimum wage / rights / state court / wages with the title August 2010. You can bookmark this page URL http://clapclapclappp.blogspot.com/2010/08/philadelphia-employment-law-firm.html. Thanks!

Contingent Fee Discrimination Lawyer in Philadelphia Area

Contingent Fee Wrongful Termination Lawyer Representing Employees in Chester County, Delaware County and Montgomery County, Pennsylvania

At the Gallagher Law Group, we represent only employees with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need an Experienced Contingent Fee Employment Lawyer to help you assert your rights under state and federal discrimination laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991.

Visit http://www.johnagallagher.com/.

How Does a Contingent Fee Agreement Work?

We don't charge you any legal fees or costs unless we win your case.  If we win your case, we take a percentgae of your winnings.  The contingent fee precentages vary from matter to matter.

What Types of Cases Do We Handle on a Contingent Fee?

Depending on the circumstances, we handle the following cases on a contingent fee:

Unemployment Appeal Hearings where you are appealing the denial of benefits by the Pennsylvania Unemployment Service Center;

Lawsuits for Employment Discrimination or Retaliation;

Sexual Harassment Cases;

Claims for Overtime or Unpaid Wages

Violations of the Family and Medical Leave Act;

Violations of the Americans With Disabilities Act;

Wrongful Termination arising under Pennsylvania Law;

Whistleblower Claims arising under State or Federal law;

Negotiating Severance Packages;

Hb-1 Visa claims for Unpaid Compensation.

If we believe based upon our initial telephone interview that you have a potential contingent fee matter, we will schedule you for a free consultation to discuss the matter and potential fee arrangements.

Pennsylvania Contingent Fee Employment Law Firm in Philadelphia Area With Offices in Paoli, Exton, King of Prussia, Radnor, Plymouth Meeting and Center City

If you have a question about any of the matters discussed above, call us today and we will discuss your matter at no cost to you. We represent only individuals, each and every day, and specialize in asserting their rights in state and federal courts throughout Pennsylvania.

You have read this article Attorney / damages / discrimination / hostile work environment / John Gallagher / legal strategy / Plymouth Meeting / representation with the title August 2010. You can bookmark this page URL http://clapclapclappp.blogspot.com/2010/08/contingent-fee-discrimination-lawyer-in.html. Thanks!

PA Overtime Lawyer on Getting Overtime in Pennsylvania - What Are the Rules

Pennsylvania Labor Law Firm Representing Employees in Chester County and Montgomery County

At the Gallagher Law Group, we represent only employees with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need an experienced overtime attorney to help you assert your rights under state and federal overtime laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991.

For a more comprehensive examination of overtime laws, Click Here.

I Am on a Salary, Am I Entitled to Overtime?

Well, let me say that the mere fact that you are receiving a salary does not automatically disqualify you from being entitled to overtime.  In fact, many employers put their employees on salary in order to create the impression that they are not entitled to overtime.  However, the mere fact that you are being paid a salary does not mean you are an exempt employee that is not entitled to receive overtime.  The test is not what they call you, but what you do!

How Do I Know If I Am Entitled to Overtime in Pennsylvania?

This not always an easy question, but here are some things that indicate that you may be entitled to overtime:

1. You do not run a department and do not have have actual authority to hire, discipline or terminate employees.  Thus, you are not a Bona Fide Executive; 


2. You are not an "administrative assistant" because most everything you do is done for someone in management and requires management's approval before being published/approved/completed;



3. You used to be paid hourly, but were switched over to salary without any significant changes in your job duties;



4. You used to be paid salary, but were switched over to hourly without any significant changes in your job duties;


5. Your job does not require a specialized or advanced degree;


6. You perform saleswork, but mostly all of it is done inside the office (wherever located), and therefore you are not an Outside Salesperson.

The rules relating to overtime are varied and complex.  One think I do know, however, is that employers typically try to avoid paying overtime in "close cases" (or at least in cases that the employers feels are close!)

Employment Law Attorney Representing Employees in Towns such as Jenkintown, Ambler, Montgomeryville, Avondale, Eagle, Thorndale, Honeybrook, Kennett Square and Parkesburg

If you have a question about whether you are entitled to overtime, call us today and we will discuss your matter at no cost to you.  There are very significant remedies available to people who are not paid overtime to which they are entitled.  You may Click Here to learn a little more about such remedies. 

If you are entitled to overtime that you have not been paid, we will handle your case on a contingent fee basis. That mean we do not get paid unless we win your case.

You have read this article 40 hours / employees / exempt / hourly / John A. Gallagher / labor law / laid off / non-exempt / overtime / representation / unemployment with the title August 2010. You can bookmark this page URL http://clapclapclappp.blogspot.com/2010/08/pa-overtime-lawyer-on-getting-overtime.html. Thanks!

Why Is My Employer Asking Me to Sign a Release of Claims?

Employment Law Firm Near Philadelphia With Offices in Paoli, Radnor, Exton, Plymouth Meeting and King of Prussia

Visit http://www.johnagallagher.com/.


What is a the Effect of a General Release in Pennsylvania?

A General Release is a provision wherein you agree that, in exchange for some consideration (payment of money, usually), you will not in the future sue the employer for any conduct it engaged in prior to the date you sign the Release (i.e. discrimination, failure to pay you money you are owed, etc.)  A Release is binding upon you, and will in nearly all cases completely eliminate any right you would have to sue your employer for illegal employment practices you believe it engaged in prior to the date you sign the Release.  Also, by signing a Release, you are giving up the right to collect any money you believe you are owed except for any money you are promised in the Release.

Why Is My Former Employer Asking Me to Sign a Release?

Employers usually "bury" the Release provision in a Separation Agreement.  For you, the key to that Separation Agreement is the severance and benefits you are offered (i.e. medical coverage).  For the employer, the key is the Release. 

Employers want you to sign a Release after you have been terminated so that they will not have to worry about you later filing a lawsuit claiming that you were terminated illegally.  Companies typically offer severance and some other benefits in exchange for this Release.  If you sign the Release you will lose any and all rights you may have had to sue your employer for discrimination, wrongful termination, unpaid wages, commissions or bonuses, overtime, etc. 

Given that most companies only offer between 2 weeks and 3 months of severance to the average employee (and if you are getting 3 months you are doing reasonably well), and given that a good employment-based lawsuit can generate a year or more of salary and benefits, you should think carefully before signing a Release contained within a Separation Agreement.

One  favorite trick of companies is to include as "severance" an amount of money that is equal to what they already owe you under the law (such as accrued vacation pay, bonuses/commissions, pay for people who were fired without the amount of notice required in their employment agreement, etc.). 

Another trick companies use to get you to sign the Release is to agree that they won't fight your unemployment case.  That is what I call a promise without value.  If you are being offered severance, then you probably did not engage in willful misconduct, so you are going to get unemployment anyway.  Thanks for nothing!

What really chaps me the most, though, is when companies offer a meager severance, and ask for a Release, when they know they owe you a lot more in overtime or commissions they did not pay to you.

Philadelphia Employment Attorney representing Employees in Towns such as Malvern, Royersford, Blue Bell, Devon, Berwyn, Narberth, Bala Cynwyd, Bryn Mawr, Broomall, Lawrence Park and Aston

Separation Agreements always contain Releases, and Releases are always upheld by Courts.  If you have any question about whether you may be sacrificing important rights by signing a Release, you should really consider hiring a labor lawyer.  On many occasions, I have sat down with recently terminated people and told them something that they didn't know - that their rights under Federal statutes such as FMLA, FLSA, ADA and ADEA had likely been violated, and that signing away their rights to prosecute their claims for $700 was probably not a good idea!

When I spot a problem, and renegotiate a severance deal, I do so on a contingent fee basis - that means you pay us nothing unless you receive a better severance offer, and only a percentage of what we are able to negotiate above what you were initially offered.  Now, that's a fair deal!

You have read this article employment law / illegal / John Gallagher / lawsuit / negotiations / Newtown Square / philadelphia / release / rights / sue / wages / wrongful termination with the title August 2010. You can bookmark this page URL http://clapclapclappp.blogspot.com/2010/08/why-is-my-employer-asking-me-to-sign.html. Thanks!

Negotiating A Separation Agreement in Pennsylvania

Employment Law Firm Near Philadelphia Representing Only Employees

At the Gallagher Law Group, we represent only employees with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need an experienced labor law attorney to help negotiate a Separation Agreement, John A. Gallagher has bee practicing Employment Law in Pennsylvania since 1991.

Visit http://www.johnagallagher.com/.

How Do I Negotiate With May Employer to Get More Severance

Leverage!  The answer is leverage.  Unless you have an employment contract that guarantees you severance, an employer's offer of severance is purely voluntary, and likely motivated by a desire to have you sign a release of all claims.  The key, then, is to establish leverage; perhaps your termination was unlawful or potentially unlawful, perhaps you have not been paid for all the services you have rendered, or are owed a bonus. 

The Gallagher Law Group Routinely Negotiates Severance Individuals  in Communities Such as Quakertown, Ephrata, Downingtown, Phoenixville, Doylestown, Perkasie, Radnor, Wayne, Villanova, Newtown Square and Surrounding Areas

If you have a question about a separation agreement you have been offered, call us today and we will discuss your matter at no cost to you.  We frequently negotiate severance on a contingent fee basis - that means you pay us nothing unless you receive a better severance offer, and only a percentage of what we are able to negotiate above what you were initially offered.

You have read this article consultation / contingent fee / John A. Gallagher / labor law / negotiations / philadelphia / separation agreement / settlement / Severence / wrongful termination with the title August 2010. You can bookmark this page URL http://clapclapclappp.blogspot.com/2010/08/negotiating-separation-agreement-in.html. Thanks!

Do I Have To Pay Back a Non-At Fault Overpayment to Pennsylvania Unemployment?

Pennsylvania Unemployment Lawyer With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia

At the Gallagher Law Group, we represent only individuals with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need a Pennsylvania Unemployment Attorney with substantial experience, John A. Gallagher has bee practicing Employment Law in Pennsylvania since 1991.

Visit http://www.johnagallagher.com/.

Non-At Fault Overpayments Under Pennsylvania Unemployment Law

Generally, a non-at fault overpayment takes place when you initially received benefits but were later denied benefits because the employer fought your claim and you lost a hearing before an Unemployment Referee. Usually, this occurs when you are determined to have engaged in "willful misconduct," or that you quit your job without a "necessitous and compelling reason" to do so,  This issue is finally decided at a Referee Hearing, so if you have a Hearing coming up, you may want to seek legal counsel.  In many cases, we not only win the overpayment issue, we also win you benefits going forward!

If you have received a non-at fault overpayment, you do not have to pay back what you received UNLESS you file for Pennsylvania Unemployment within 3 years of the date of your first overpayment..

The Gallagher Law Group Routinely Handles Pennsylvania Unemployment Appeal Hearings for Individuals  in Communities such as Malvern, Exton, Frazer, Paoli, Bryn Mawr, Devon, Strafford, Oaks, Royersford, East Coventry, Spring City, Douglassville, Limerick, Phoenixville, Downingtown, Lionville, Springfield, Broomall and Surrounding Areas

If you have a question about your alleged non-at fault overpayment in Pennsylvania, call us today and we will discuss your matter at no cost to you.

You have read this article benefits / emergency unemployment / John A. Gallagher / non fault / overpayment / referee / unemployment with the title August 2010. You can bookmark this page URL http://clapclapclappp.blogspot.com/2010/08/do-i-have-to-pay-back-non-at-fault.html. Thanks!

At Fault Overpayment Under Pennsylvania Unemployment Law - What Does it Mean?

Philadelphia Unemployment Lawyer With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia

At the Gallagher Law Group, we represent only individuals with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need a Pennsylvania Unemployment Attorney with substantial experience, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991.

Visit http://www.johnagallagher.com/.

IMPORTANT NOTICE OF JANUARY 28, 2011
A new Pilot Program introduced this month by the Unemployment Department  is important to understand.  Please read below, and then Click Here for more information. 

At Fault Overpayments Under Pennsylvania Unemployment Law

Generally, an at fault overpayment takes place when you have received benefits because the Unemployment Compensation Department believes you lied when you applied for unemployment benefits, or after you initially received payments.  The most common scenarios are 1) when you applied for benefits, you said that that you were laid off, when in fact you were terminated for "willful misconduct" or where you quit the job without a "necessitous and compelling reason;" or, 2) after you started receiving benefits, you earned money at another job and failed to report those earnings to unemployment (I see this a lot where people take jobs as "independent contractors."

This Blog is primarily concerned with the first scenario, although certain principles herein apply to all overpayment cases. 

In general, the final determination as to whether you received an at fault overpayment is made at an Unemployment Hearing before a Referee.  Therefore, if you receive a Notice of Determination stating that you have received an overpayment of benefits, you must appeal the determination within 15 days.  Then, you will have a Hearing before a Referee to establish whether in fact you received an overpayment, i.e. benefits to which you were not entitled.

Usually, the "at fault" Notice of Determination is accompanied buy a Notice of Determination explaining why you are ineligible for benefits (i.e. willful misconduct or voluntary quit).  This Determination must also be appealed within 15 days.  Then, the Hearing before the Referee will involve 2 issues: 1) whether you are ineligible for benefits (because you quit without good reason or were fired for willful misconduct); and, 2) whether, if you are ineligible for benefits, you are at fault due to a perceived lie in your application for benefits.

Although there are some limited rights to appeal the Referee's decision, reversals of the Referee's decision are relatively rare.  If you have an Unemployment Appeal Hearing in Pennsylvania coming up, you may want to seek legal counsel. Sometimes, we win on the first issue (i.e. that you did not engage in willful misconduct or quit with good reason) and thus win the overpayment issue as well. That is so because you cannot be deemed to have received an overpayment unless you are deemed ineligible for unemployment benefits.

If, after all appeals have been exhausted, you have received an "at fault" overpayment determination, you must pay the benefits you previously received back immediately, and will also have to pay "penalty weeks," which are some multiple of the amount of benefits you received up to date.

The Gallagher Law Group Provides Guidance to Individuals Accused of At Fault Unemployment Overpayments in Communities such as Oaks, Royersford, South Coventry, Warwick, Spring City, Douglassville, Limerick, Phoenixville, Downingtown, Lionville, Malvern, Exton, Broomall, Lawrence Park and surrounding areas.

If you have a question about your alleged at fault overpayment in Pennsylvania, call us today and we will discuss your matter at no cost to you.

You have read this article appeal hearing / at fault / benefits / determination / emergency unemployment / John A. Gallagher / Montgomery County / overpayment / Pennsylvania / referee / representation with the title August 2010. You can bookmark this page URL http://clapclapclappp.blogspot.com/2010/08/at-fault-overpayment-under-pennsylvania.html. Thanks!

Independent Contractor Law in Pennsylvania

Philadelphia Unemployment Lawyer With Offices in Montgomery County and Delaware County

At the Gallagher Law Group, we represent only individuals with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need a Highly Experienced Unemployment Lawyer in the Philadelphia area who represents only individuals, John A. Gallagher has 20 years of experience, and offices in Plymouth Meeting, King of Prussia, Paoli, Exton,Radnor and Philadelphia.

Visit http://www.johnagallagher.com/.

What is the definition of an Independent Contractor in Pennsylvania?

The most important factors are often 1) how are you paid, W-2 or 1099? If paid 1099, presumption is you are an Independent Contractor; 2) Is there a contract that says you are an Independent Contractor. This is also considered strong evidence that you are not an employee.

Once you get beyond those factors, the issues are whether you are free from control in performing your day tp day activities, whether you have an established work schedule, whether you are subject to discipline and control by the employer, whether you work for more than more than one "employer," etc.

See our YouTube on this issue and 6 other commonly asked unemployment questions in Pennsylvania. The questions we answer are as follows:

1.  What is Willful Misconduct in Pennsylvania? 

2.  If I Quit My Job, Am I Entitled to Pennsylvania Unemployment Benefits?

3.  May I Apply for Unemployment in Pennsylvania If I Am Getting Severance ?

4.  If I Am Disabled Can I Receive Pennsylvania Unemployment Benefits?

5.  Can I Receive Unemployment in Pennsylvania If I Work Part-Time and ?

6.  Am I Disqualified from Pennsylvania Unemployment If I Do Consulting Work?

7.  What is an Independent Contractor Under Pennsylvania Unemployment Law?


The Gallagher Law Group provides Independent Contractor guidance for individuals in communities such as Oley, North Coventry, Warwick, Parkerford, Spring City, Douglassville, Amity, Pottsgrove, Limerick, Oaks, Royersford and surrounding Montgomery County, Pennsylvania communities.


If you have a question about your independent contractor status in Pennsylvania, call us today and we will discuss your matter at no cost to you.

You have read this article 1099 / consulting / emergency unemployment / independent contractor / John Gallagher / Pennsylvania / W-2 / willful misconduct with the title August 2010. You can bookmark this page URL http://clapclapclappp.blogspot.com/2010/08/independent-contractor-law-in.html. Thanks!

Can I Work Part-Time and Get Unemployment in Pennsylvania?

Philadelphia Unemployment Lawyer With Offices in Delaware County and Chester County

At the Gallagher Law Group, we represent only individuals with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need a Highly Experienced Unemployment Lawyer in the Philadelphia area who represents only individuals, John A. Gallagher has 20 years of experience, and offices in Plymouth Meeting, King of Prussia, Paoli, Exton,Radnor and Philadelphia.

Visit http://www.johnagallagher.com/.

The simple answer to this question is - there is not a simple answer.  Basically, if you are working on a w-2 basis and earn no more than 40% of your weekly unemployment benefit, you will not lose any unemployment benefits.  After that, you will suffer a reduction in benefits.  If you are working on a 1099 basis, an independent contractor basis, then you may well be disqualified from receiving benefits.

See our YouTube on this issue and 6 other commonly asked unemployment questions in Pennsylvania. The questions we answer are as follows:

1.  What is Willful Misconduct in Pennsylvania? 

2.  If I Quit My Job, Am I Entitled to Pennsylvania Unemployment Benefits?

3.  May I Apply for Unemployment in Pennsylvania If I Am Getting Severance ?

4.  If I Am Disabled Can I Receive Pennsylvania Unemployment Benefits?

5.  Can I Receive Unemployment in Pennsylvania If I Work Part-Time and ?

6.  Am I Disqualified from Pennsylvania Unemployment If I Do Consulting Work?

7.  What is an Independent Contractor Under Pennsylvania Unemployment Law?


The Gallagher Law Group handles Unemployment Compensation matters for individuals in communities such as Plymouth Whitemarsh, Chestnut Hill, Plymouth Meeting, Blue Bell, Chalfont, Springfield, Broomall, Newtown Square, Media, Norristown, Lansdale, Horsham, East Goshe, West Chester and Malvern.

If you have a question about unemployment in Pennsylvania, call us today and we will discuss your matter at no cost to you.

You have read this article 1099 / benefits / employment law / independent contractor / Law Firm / Pennsylvania / philadelphia / referee / Severence / unemployment compensation / W-2 with the title August 2010. You can bookmark this page URL http://clapclapclappp.blogspot.com/2010/08/can-i-work-part-time-and-get.html. Thanks!

What the Heck is a Sideline Business Under Pennsylvania Unemployment Law, Anyway?

Philadelphia Unemployment Lawyer With Offices in Delaware County and Chester County

At the Gallagher Law Group, we represent only individuals with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need a Highly Experienced Unemployment Lawyer in the Philadelphia area who represents only individuals, John A. Gallagher has 20 years of experience, and offices in Plymouth Meeting, King of Prussia, Paoli, Exton,Radnor and Philadelphia.

Visit http://www.johnagallagher.com/.

HOW CAN HAVING A SIDELINE BUSINESS IN PENNSYLVANIA HELP ME?

If you are receiving unemployment benefits, and at the same time working as an independent contractor, you may be disqualified from receiving unemployment on the grounds that you are self employed.  If, however, you can prove that you have a Sideline Business, you will be deemed eligible to continue receiving unemployment in Pennsylvania.

WHAT IS THE DEFINITION OF SIDELINE EMPLOYMENT UNDER PENNSYLVANIA UNEMPLOYMENT LAW?

Click Here to examine a Pennsylvania case that provides the test for a sideline business.  In general, a Sideline Business is an enterprise that you have operated while you were employed on a full time basis, that you continue to operate after you become unemployed from full-time employment.  In such cases, you will remain eligible to continue receiving benefits provided that 1) the sideline business was never your primary source of income; 2) you continue to look for work; and, 3) you have not increased the amount of time spent operating the sideline business since you became unemployed.

Example:  Accountant employed by an accounting firm from time to time prepares and files tax returns on behalf of friends and family.  After she is fired, she provides the same services to her friends and family.  She is eligible to continue receiving benefits from unemployment. 

Note:  You should report to unemployment that you are doing the sideline work as soon as you start doing it (i.e. do not wait until you have been paid).  If the Service Center should discontinue benefits, appeal and seek a Hearing before an Unemployment Referee.

Click Here to see our answers to FAQs relating to Pa Unemployment law and procedure.

See our YouTube on this issue and 6 other commonly asked unemployment questions in Pennsylvania. The questions we answer are as follows:

1.  What is Willful Misconduct in Pennsylvania? 

2.  If I Quit My Job, Am I Entitled to Pennsylvania Unemployment Benefits?

3.  May I Apply for Unemployment in Pennsylvania If I Am Getting Severance ?

4.  If I Am Disabled Can I Receive Pennsylvania Unemployment Benefits?

5.  Can I Receive Unemployment in Pennsylvania If I Work Part-Time and ?

6.  Am I Disqualified from Pennsylvania Unemployment If I Do Consulting Work?

7.  What is an Independent Contractor Under Pennsylvania Unemployment Law?


The Gallagher Law Group handles Unemployment Compensation matters for individuals in communities such as Plymouth Whitemarsh, Chestnut Hill, Plymouth Meeting, Blue Bell, Chalfont, Springfield, Broomall, Newtown Square, Media, Norristown, Lansdale, Horsham, East Goshe, West Chester and Malvern.

If you have a question about unemployment in Pennsylvania, call us today and we will discuss your matter at no cost to you.

You have read this article appeal hearing / determination / employment law / independent contractor / John Gallagher / Montgomery County / part time employment / Sideline Business / West Chester with the title August 2010. You can bookmark this page URL http://clapclapclappp.blogspot.com/2010/08/what-heck-is-sideline-business-under.html. Thanks!

I Am Being Classsified as an Independent Contractor and Am Being Denied Unemployment In Pennsylvania

Philadelphia Unemployment Lawyer With Offices in Delaware County and Chester County

At the Gallagher Law Group, we represent only individuals with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need a Highly Experienced Unemployment Lawyer in the Philadelphia area who represents only individuals, John A. Gallagher has 20 years of experience, and offices in Plymouth Meeting, King of Prussia, Paoli, Exton,Radnor and Philadelphia.

Visit http://www.johnagallagher.com/.

See our YouTube on this issue and 6 other commonly asked unemployment questions in Pennsylvania. The questions we answer are as follows:

1.  What is Willful Misconduct in Pennsylvania? 

2.  If I Quit My Job, Am I Entitled to Pennsylvania Unemployment Benefits?

3.  May I Apply for Unemployment in Pennsylvania If I Am Getting Severance ?

4.  If I Am Disabled Can I Receive Pennsylvania Unemployment Benefits?

5.  Can I Receive Unemployment in Pennsylvania If I Work Part-Time and ?

6.  Am I Disqualified from Pennsylvania Unemployment If I Do Consulting Work?

7.  What is an Independent Contractor Under Pennsylvania Unemployment Law?


The Gallagher Law Group handles Unemployment Compensation matters for individuals in communities such as Downingtown, Kennett Square, Chesterbrook, Wayne, Devon, Berwyn, Strafford, Villanova, Bryn Mawr, Armore, Haverford, Havertown, Wynnewood, Drexel Hill, Aston, Lansdale, Horsham and Chalfont.  If you have a question about unemployment in Pennsylvania, call us today and we will discuss your matter at no cost to you.

You have read this article 1099 / Attorney / Chester County / consultant / independent contractor / John A. Gallagher / labor law / part time employment / Pennsylvania / Severence / unemployment benefits / unemployment hearing with the title August 2010. You can bookmark this page URL http://clapclapclappp.blogspot.com/2010/08/i-am-being-classsified-as-independent.html. Thanks!

Can I Do Consulting Work and Collect Unemployment in Pennsylvania?

Philadelphia Unemployment Lawyer With Offices in Chester County, Montgomery County and  Delaware County

At the Gallagher Law Group, we represent only individuals with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need a Highly Experienced Unemployment Lawyer in the Philadelphia area who represents only individuals, John A. Gallagher has 20 years of experience, and offices in Plymouth Meeting, King of Prussia, Paoli, Exton,Radnor and Philadelphia.

Visit http://www.johnagallagher.com/.

See our YouTube on this issue and 6 other commonly asked unemployment questions in Pennsylvania.
The questions we answer are as follows:

1.  What is Willful Misconduct in Pennsylvania? 

2.  If I Quit My Job, Am I Entitled to Pennsylvania Unemployment Benefits?

3.  May I Apply for Unemployment in Pennsylvania If I Am Getting Severance ?

4.  If I Am Disabled Can I Receive Pennsylvania Unemployment Benefits?

5.  Can I Receive Unemployment in Pennsylvania If I Work Part-Time and ?

6.  Am I Disqualified from Pennsylvania Unemployment If I Do Consulting Work?

7.  What is an Independent Contractor under Pennsylvania Unemployment Law?

You can also use the Search Bar on this Blog to read about the above issues.

The Gallagher Law Group handles Unemployment Compensation matters for individuals in communities Paoli, Exton East Goshen, West Goshen, West Chester, Collegeville, Phoenixville, Newtown Square, Broomall, Media, Springfield and Aston.  If you have a question about unemployment in Pennsylvania, call us today and we will discuss your matter at no cost to you.

You have read this article Attorney / benefits / compensation / Delaware County / lawyer / part time employment / philadelphia / unemployment / unemployment hearing / willful misconduct with the title August 2010. You can bookmark this page URL http://clapclapclappp.blogspot.com/2010/08/can-i-do-consulting-work-and-collect.html. Thanks!

If I Take a Part Time Job, Can I Get Pennsylvania Unemployment Compensation?

Philadelphia Unemployment Lawyer With Offices in Montgomery County and Delaware County

The short answer is: if you take a part-time job and are paid W-2 wages, you can earn up to 40% of your weekly unemployment benefit without suffering any loss of unemployment benefits.  YOU MUST NEVERTHELESS REPORT THESE WEEKLY EARNINGS TO UNEMPLOYMENT.

If, on the other hand, you take part-time work and are paid as an independent contractor (W-9 wages), you will in most cases be disqualified from receiving benefits if in fact you are an independent contractor.  However, the mere fact that you have a contract that says you are an independent contractor is not proof that you are an independent contractor (if I call a donkey a racehorse, it's still a donkey).  Also, if your self-employment is a sideline business, then you are still entitled to unemployment.

If you have a Hearing before an Unemployment Referee on the issue of whether you are an independent contractor, you are strongly advised to consider retaining counsel

At the Gallagher Law Group, we represent only individuals with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need a Highly Experienced Unemployment Lawyer in the Philadelphia area who represents only individuals, John A. Gallagher has 20 years of experience, and offices in Plymouth Meeting, King of Prussia, Paoli, Exton,Radnor and Philadelphia.

Visit http://www.johnagallagher.com/.


See our YouTube on this issue and 6 other commonly asked unemployment questions in Pennsylvania.
The questions we answer are as follows:

1.  What is Willful Misconduct in Pennsylvania? 

2.  If I Quit My Job, Can I Get Unemployment in Pennsylvania?

3.  If I Am Getting Severance, May I Apply for Unemployment in Pennsylvania?

4.  Can I Draw Pennsylvania Unemployment Benefits If I Am Disabled?

5.  Can I Work Part-Time and Receive Unemployment in Pennsylvania?

6.  If I Do Consulting Work, Am I Disqualified from Pennsylvania Unemployment?

7.  What is an Independent Contractor In Pennsylvania for Purposes of Unemployment?

The Gallagher Law Group handles Unemployment Appeal matters for individuals in communities Devon, Wynnewood, Malvern, Nether Providence, Chalfont, Horsham, Perkasie, West Norriton, Royersford, Oaks and Phoenixville.  If you have a question about unemployment in Pennsylvania, call us today and we will discuss your matter at no cost to you.

You have read this article Attorney / benefits / consultant / independent contractor / John A. Gallagher / Labor / part time employment / Sideline Business / unemployment appeal / unemployment compensation with the title August 2010. You can bookmark this page URL http://clapclapclappp.blogspot.com/2010/08/if-i-take-part-time-job-can-i-get.html. Thanks!