Legal Question in Workers Comp in Pennsylvania

Hi, and thank you for your question,

If an employee has a written employment Agreement with his/her employer that sets forth, among other things, the employee's salary, the employee's salary, responsibilities, annual vacation, and other benefits, then the employee is considered an "At Will" employee, and the employer has the right to change the employee's position, salary, benefits, even demote, or terminate the employee, without incurring any liability to the employee for any actions he might take with respect to the employee. However, if the employee can prove that the adverse action taken by his employer against him was retaliatory in nature because the employee had exercised rights given to him by State law (i.e., under the State's Workmen's Compensation laws), then the employee has the right to file a formal Complaint, called a "Charge" against the employer with the Equal Employment Opportunity Commission ("EEOC"). Your employer would not dare fire you, or take any other retaliatory action against you for filing a Charge against him because he knows full well that he would be subject to severe fines and heavy penalties for any action(s) he took against yu for asserting rights given to you by State law.

Kindest Regards,

ANDREA