Legal Question in Employment Law in Pennsylvania

I was laid off at my job about 1 1/2 years ago and had been collecting unemployment compensation for about 10 months before acquiring another job. I have worked for my current employer for approximately 2 months before I had an accident at home (not on the job) and cut part of my finger off with a log splitter. After receiving medical treatment, my doctor wrote me a permission slip to return to work with some restrictions but my employer said he did not want me to return until I had full use of my hand. At that point I contacted unemployment to find out if I could get assistance since I was employed and had the doctor's permission to work, but my boss would not allow it. The unemployement office said they would reopen my claim with my previous employer since I had not worked for my current boss more than 2 months. When my boss received paperwork in the mail to complete for the unemployment office, he called me into work to talk. At our meeting, he proceeded to inform me that he did not have to complete the paperwork agreeing to my unemployment status but would do so if I signed a contract agreeing to work for him for 1 year (he said this was necessary because his rates would increase due to my claim but would drop after I worked there for 1 year, ). I was afraid that I would not have an income if I did not agree do I signed the contract. Is this legal? Is he even paying my unemployment if the claim was reopened under my previous employer? If I find another job, what legal actions can he pursue?


Asked on 12/14/10, 10:32 am

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

There is a strong argument that your contract is not enforceable because it is not based upon what the law refers to as "consideration" - a bargained for exchange of obligations. It can be argued that your employer did not give you anything in exchange as you were legally entitled to your UC benefits without his assistance with the paperwork.

If the contract is supported by sufficient consideration, your employer cannot force you to perform the services but could, arguably, sue for money damages. Unless you are so unique that your skills could not be replaced, it is lkely that this claim would have significant value or be pursued.

This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship.

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Answered on 12/19/10, 1:27 pm


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