Legal Question in Employment Law in Pennsylvania

In January I was sent out of my office to collect money from a customer. My job was accounts recievable, but that was the first time I ever had to go outside the building to collect. I was told by my boss that if I did not come back with a $12,000 check that I shouldn't come back at all...that I would be fired basically. On the way down to the customers office I was beaten and robbed. My wallet was stolen, my credit card was used and they took approximately $60 in cash off of me. I was hurt pretty bad, but was ready to come back a few days later. The night before I was to come back, I became very ill and had to go back to the doctor. I contacted MRSA and was sick for about 3 weeks with it. Being that it was not a result of the robbery, I could not collect worker's compensation. I was not out for 2 weeks, which is when the worker's compensation goes into effect. I could not prove that the MRSA was a result of the first hospital stay for the robbery. When I finally came back, I was told by my boss that my hourly wage would be decreased by 50 cents an hour. This was the 2nd decrease in the last 2 months, totally $1.50/hr. I'm not the only person he's done this to, it's been a trend. He basically finds the littlest thing to dock your hourly wage for. I used to take it personally, until I heard from my co-workers what has happened to them. Two days ago my boss came into the office and asked "Did you get a chance to take a look at that CD?" and I said "Honestly, I just haven't had time for that shit". It wasn't directly harshly, nor was it in a demeaning tone. I was just so overwhelmed with the work that I already had on my desk that it slipped out. He called me into his office a day later and said that I would be docked another 75 cents an hour for insubordination and that I should be grateful that I still have a job. I guess my questions are, 1, Can he legally continue to drop my per hour rate? 2, Anything I can do to complain? And 3, Can I sue him for any damages as result to the missing pay due to the robbery & MRSA?


Asked on 4/01/10, 6:23 am

1 Answer from Attorneys
Terence Sean McGraw Warren & McGraw, LLC

I disagree with your conclusions regarding the potential WC claim. I cannot imagine what else the MRSA would be attributed to. It can be contracted "in the wild" but is much more likely to result from institutional contacts. You are eligible for wage loss benefits as soon as you are disabled for 8 calendar days and you become eligibile for the first 7 if you are out for 14 calendar days or more.

Unilateral reduction of your pay or hours may entitle you to a partial UC claim, althought the last reduction might be found to be the result of wilful misconduct. In short, your employer can unilaterally reduce your pay. Howwever, you can shoose not to accept that reduction and pursue UC benefits. Alternatively, you can continue to work at reduced pay/hours and pursue a partial claim.

Potential civil claims (e.g lawsuits) against your employer are unlikely. The PA WC Act provides your employer from broad immunity from those claims if they are, in fact, work related. And, the acts of the assaulting parties can be argued to be "superseding causes" relieving your employer form liability.

Due to the sophisticated nature of the issues raised by your fact pattern, I would encourage you to seek a consultation with a lawyer - at least a telephone inquiry. Most lawyers will discuss this matter with you at some length for free to determine whether there are any claims that can be pursued. The opinions I have stated above are my seat of the pants assessment and might change based upon additional information.

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Answered on 4/06/10, 2:47 pm


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