Legal Question in Employment Law in Pennsylvania

Employer changed rehire agreement

I was asked to return to my place of employment shortly after I had taken another job with the promise that I would be able to return with full seniority and benefits. After being back 1 full year, I'm being told they made a mistake and they're taking away my vacation and holiday pay. Is this legal???


Asked on 6/04/09, 12:13 pm

1 Answer from Attorneys

Terrence Valko ERISA Disability Lawyer

Re: Employer changed rehire agreement

No. Thanks be to God that you have a contract. Oh. . . it was not written down? Well, at least you have an oral Express contract, with witnesses.

You have no witnesses? Well, there was detrimental reliance when you left your secure employment, and Equity courts have held that the existence of same constitutes the consideration upon which an Implied contract may be found to have existed.

If you think you can do this without an experienced lawyer, you may not quite understand the nature of employment law in the Commonwealth.

Obtain seasoned counsel.

Good Luck.

tV

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Answered on 6/04/09, 4:56 pm


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