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I am experiencing discrimination from my employer. Her

Customer Question
Hi, I am experiencing...

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

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

I'm in PA

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

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

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm not sure

Submitted: 5 months ago.Category: Employment Law
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Answered in 1 minute by:
11/15/2017
Employment Lawyer: John, Employment Lawyer replied 5 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,944
Experience: Exclusively practice labor and employment law.
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Employment Lawyer: John, Employment Lawyer replied 5 months 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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Employment Lawyer: John, Employment Lawyer replied 5 months ago

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