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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6148
Experience:  Exclusively practice labor and employment law.
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I am experiencing discrimination from my employer. Her

Customer Question

Hi, I am experiencing discrimination from my employer. Her business is in a start up phase and we are only now getting started with legitimizing the business (registered as a business, and I'm not on file as an employee although she is offering health coverage. My question is, do I have any rights in this start up situation? I have textmessages from my employer that are blatantly discriminatory, but not sure what good that is if I haven't filed a w2 yet
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I'm in PA
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I'm not sure we have an actually agreement- I have a number of emails and texts where she "terminated" me then changed her mind and decided to keep me on. In those termination times, she threatened me with creating a contract for me to sign, but never provides a contract. I am working full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm not sure
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

Expert:  John replied 1 year ago.

If you are acting as, and being treated as, an employee, then you have rights afforded yb state and/or federal law. Your first step in any discrimination claim is to file a charge of discrimination with either the state or federal agency.

A discrimination claim can be filed either with the state administrative agency, the Pennsylvania Human Relations Commission (PHRC) or the federal administrative agency, the Equal Employment Opportunity Commission (EEOC). The two agencies have what is called a “work-sharing agreement,” which means that the agencies cooperate with each other to process claims. Filing a claim with both agencies is unnecessary, as long as you indicate to one of the agencies that you want it to “cross-file” the claim with the other agency.

The Pennsylvania anti-discrimination statute covers some smaller employers not covered by federal law. Therefore, if your workplace has between 4 and 14 employees, you should file with the PHRC, as the EEOC enforces federal law which covers only employers with 15 or more employees. If your workplace has 15 or more employees, you may file with either agency.

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Expert:  John replied 1 year ago.

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