Monthly Archives: December 2010
When does a termination become unlawful?
I receive calls all of the time from people who believe that have been wrongfully terminated. Unfortunately, the vast majority people who believe that they have been unlawfully terminated end up discovering that they do not have any legal recourse against their employer.
Pennsylvania is an at-will employment state which means that most employees can be terminated for any reason, a bad reason, or no reason at all except in cases of discrimination on the basis of race, color, national origin, sex, religion, or age. Other than discrimination laws, the only way an employee is protected from being terminated is if they have a contract with the employer that states they can only be terminated “for cause.” Additionally, if the employee is represented by a union, additional procedural safeguards may protect the employee from termination and the employee would gain additional rights through their union’s collective bargaining agreement.
When does …
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PHRC and EEOC Timelines and Deadlines For Discrimination
If you have a claim for employment discrimination on the basis of race, color, national origin, gender, sex, religion, or age, it’s very important to see an attorney who can help you through the entire process since it’s a very lengthy and complicated process. The advice contained below is for informational purposes only and is based on Pennsylvania law. If you have a claim for discrimination, seek the advice of an attorney immediately.
Filing a Claim With the PHRC and EEOC
Before an individual can sue in court for discrimination that occurs in Pennsylvania, they must first pursue administrative remedies. This means that the employee must first file a claim with either the Pennsylvania Human Relations Commission (PHRC) or Equal Employment Opportunity Commission(EEOC). If you file a claim in court without first filing with the PHRC or EEOC, your case will be dismissed.
Employees in Pennsylvania are protected from discrimination …
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Can unemployment benefits be denied for poor work performance in PA?
Many people who are terminated for “poor work performance” are wondering if they will be denied Pennsylvania unemployment benefits. In our last article, we discussed the reasons unemployment compensation benefits are denied. To summarize, PA UC benefits are denied for the following three reasons: (1) you voluntarily quit; (2) willful misconduct; and (3) you did work for the employer long enough (16 weeks).
Wilfull misconduct is found when the employer’s interest is disregarded by the employee. The next question becomes, is poor work performance considered willful misconduct under PA UC laws? The answer is no, you will not be denied unemployment benefits for poor work performance unless the board finds that it was intentional or willful. If it is found that you intentionally failed to work to the best of your ability, your UC benefits may be denied.
In order for there to be willful misconduct, the employer will …
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What is an “adverse employment action” in the context of discrimination cases?
Do you feel that you have been retaliated against in the workplace because you filed a claim for discrimination? In order to establish a claim for retaliation, you must show that you have suffered a materially adverse employment action. In other words, you were fired, denied a promotion, demoted, or you saw a decrease in your pay. Failure to get a certain job assignment or a more favorable office space may not be sufficient to bring a claim for retaliation.
In a 2010 decision, Rebecca Lockridge v. University of Maine System, the First Circuit Court of Appeals examined whether failing to obtain an open position at a more favorable office location was retaliatory when the position was denied to a woman who previously filed a claim for discrimination. Â The Court held that to be materially adverse, the action must be one that could dissuade a reasonable worker …
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Does an individually-owned LLC with no employees need an EIN?
There has been some confusion as to whether an EIN is required for an individual LLC owner who does not have any employees.
Choosing LLC Tax Status
When a multi-member LLC is formed, it must choose how it wishes to be taxed. It can be taxed as either a partnership or a corporation, including an S-corporation. Form 8832 must be filed with IRS if the business wishes to be taxed as a corporation. Otherwise, the default tax structure is that of a partnership.
Individually-Owned LLCs
However, what if the LLC has just one owner and no employees? Under this scenario, the LLC is considered a “disregarded” entity. For income tax purposes, the entity will be taxed as a sole proprietorship. Like a multi-member LLC, the LLC can always elect to be taxed as a corporation by filing form 8832.
LLC EIN Laws and Requirements
The next question is if there …
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