Legal Question in Employment Law in Pennsylvania

I quit my job last week as a companion for elderly people but my companions want me to work for them even though they signed a contract with the company that says I can't work for them for at least 6 months or the companion will charge a findersfee of 10,000 dollarsa. Can I get around this. All of them want me back but I dont want to get them in trouble. the company considered us self employed and never took taxes from our pay checks and they have no workers comp. for when I was out due to back surgery. Can You help? I only worked approx 15 hrs per week?


Asked on 1/03/10, 2:12 pm

1 Answer from Attorneys
Terrence Valko ERISA Disability Lawyer

I understand that you were treated as an independent contractor. The negative covenant may be defeated by you or inadequately defended by the company. If you want a thorough discussion of the Right to Control Test and its effects on workers' compensation, find Claimants' Counsel and discuss it for free. Maybe you can defeat the negative covenant and receive a Workers' Comp award too. Since your zip indicates eastern PA, call up Charles Martin and/or Jerry Lehocky in Phila and tell them I sent you there. Their firm's URL is http://www.paworkinjury.com/

Good Luck.

TV

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Answered on 1/09/10, 6:49 am


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