Legal Question in Employment Law in Pennsylvania

Non-payment and termination

I am a dentist. I started as an associate dentist for a practice on September 25, 2000 and signed an agreement on 11/13/00. I resigned on 12/7/00 in writing. My contract is on a month to month basis. And that either party may terminate the contract upon 30 days notice. He accepted the resignation. On 12/29/00, he did not pay me. He was out of the office until 1/4/01 and I was never paid. I refused to return to work if I was not being paid. He now states that he will not pay me and plans to sue me for $22,000. He now states that I had to work until 1/25/00. He says my 30 days did not start until 12/25/00. He never stated this before. He says that I missed work on 12/22,12/27, and 12/28 without reason and breached my contract. I was on my Christmas vacation. He is saying that he will not pay me the $2,000 that he owes me for the weeks starting 12/10 and 12/17. Can he sue me or should I being sueing him? In addition the reason that I resigned is that a employee in the office verbally attacked me and was physically restrained to prevent harm to me. He didnot address the matter. What should I do.


Asked on 1/07/01, 7:21 pm

2 Answers from Attorneys
Thomas Martin Law Office of Thomas Martin

Re: Non-payment and termination

Because you had a written contract with your employer, the language of that contract will determine you rights and responsibilities. Howver, as a general rule you are entitled to be paid for the time you worked at the agreed rate of pay. The PA Wage Payment and Collection Law gives you a right to collect attorney fees in addition to wages that are due. You should consult with a lawyer to find out what additional rights and responsibilities you may have under your contract.

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Answered on 1/11/01, 8:38 am
Richard O'Neill The O'Neill Law Office

Re: Non-payment and termination

There are two issues in your question. First, when was the effective ending date of your contract and second, how can you get your wages.

To exactly determine when your contract ended an attorney is going to have to look at the contract itself. There are several issues I see in your question which could lead to several different results. By looking at the contract itself, most likely, an attorney can tell you what your rights and your former employer's rights are and were. This is because the terms of the contract and your intent when you signed the contract are going to dictate what happens.

The second issue I can give you a little more information on. You can probably sue under the PA Wage Collection Act and receive the wages you were due. You also might be able to sue under the contract, but I can't tell you without seeing it first.

You need to see an attorney who can review the contract and tell you your rights. It probably won't take more than an hour talking with an attorney and having them examine the contract to be able to tell you what is going on legally.

If you have any questions please feel free to call me.

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Answered on 1/11/01, 9:05 am


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