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Out of state employer Pennsylvania

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  • Out of state employer Pennsylvania

    I worked for a company that was headqueartered in California. I gave my notice and they stopped payment on my final check, did not pay me for any of my accrued vacation and none of my expenses. I called the Loabor Dept in Calif and they saida that I had to go through the PA Labor Dept.

    I have two questions:

    Is it a lot tougher to get results from a company out of state than one here in PA?

    In Calif they treat what was done to me as a misdemeanor and will asses that agains the PERSON that did it and not just the company, does PA have options like that?

    Also they have been calling my current employer and saying stuff to them like they are going to sue me since some of the people that I was working with wanted to fral with me at my new employer. They are not customers just prospects and they have the option of dealing with whomever they want, right? Can they legally tell my new employer things like that?

  • #2
    Not really.

    Have you filed with the DLI in Pennsylvania for the unpaid wages yet?

    The laws are much less stringent in PA than in California.

    PA law only requires employees who terminate employment (either voluntary or involuntary) be paid on the regularly scheduled pay day for the pay period which includes the last day of work. Also, there are no specified "waiting penalties" payable to the claimant for late payment.
    How Soon after I Quit Do I Have to Be Paid?

    If you quit your job, are laid off, or are fired, your employer must pay you all monies you earned by the next scheduled pay day.
    There is no provision in PA law regarding vacation pay at termination, except to say that if the company has a written policy or consistent past practice of doing so, the law would support a claim for unpaid vacation.

    Am I entitled to Sick Leave? Vacation Pay? Severance Pay?

    There is no Pennsylvania labor law which requires an employer to pay an employee not to work. Benefits like sick leave, vacation pay and severance pay are payments to an employee not to be at work. Therefore, an employer only has to pay these benefits if the employer has a policy to pay such benefits or a contract with you to pay these benefits. An employer must follow his/her own rules for these kinds of payments.
    (emphasis mine)

    Also, California is the ONLY state in which the law requires the employee be kept "whole" as regards business expenses incurred by the employee.

    Sorry, but in this case, you lose out by not being subject to California law.
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