Legal Question in Employment Law in Pennsylvania

Employee

I was hired to be a bar manager at a new hotel. Now we are a week away from opening, and now I am being told that they won't pay me the hourly wage agreed apon when I was hired. I have done all of the foot work for the bar, orders, meetings, promotions, tastings, etc... What are my rights?


Asked on 8/27/08, 3:09 pm

1 Answer from Attorneys

Terrence Valko ERISA Disability Lawyer

Re: Employee

What would you expect them to be from someone who can order you to surrender your very blood or urine? The law of empoyment relations is still referred to by some as, "Master and Servant" Law.

Generally, one can be fired for good reason or no reason at all. sometimes if there is a bad reason, one might prevail upon theories of whistleblowing, malice or a violation of an acknowledged public policy.

otherwise, u r at-will and largely unprotected. A very. very shrewd lawyer might recognize a possible contract-implied-in-law or quasi-contract as supplied by the Restatement of Copntracts, 2d, Section 90.

Most lawyers will simply say that if u have no express contract, u have no remedy. Not correct. Ks can be made without a writing but reeeaaly need evidence of duration of term ("we'll try it for a year and if it works out, then for another year"). Otherwise, the whole inquiry is fact-specific in light of the Second Restatement, where you will request more of an equitable Substitute Contract than a contract itself.

if u r in Schwanztown, call Bob Brierton by central park and see if he will interview your case.

Good Luck

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Answered on 8/30/08, 12:33 pm


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