What is Illegal Discrimination? Am I Working in a Hostile Work Environment? Am I a Victim of Unlawful Retaliation? Am I Exempt From Overtime? Is My Non-Compete Enforceable?
John A. Gallagher is an experienced employment law attorney in the Philadelphia area employment attorney who assists Pennsylvania workers located in towns such as Wynnewood, Rosemont, Garrett Hill, Germantown, Chalfont, North Wales, Wyndmoor and Plymouth Whitemarsh sue for Unpaid Overtime.Mr. Gallagher, who regularly represents people who live in Montgomery, Delaware, Bucks, Berks and Philadelphia counties, prosecutes claims for unpaid wages, compensation, benefits, vacation pay, commissions, bonuses and/or severance on a Contingent Fee basis.
Employment Attorney in Philadelphia Area Answers Most Frequently Asked Employment Law Questions
Below are some of the most common questions/scenarios I am asked about. I provide the briefest answers in this Post, but the Links will lead you to more comprehensive discussions on each topic.
My goal is to inform the public, and to remedy illegal employment activities by companies that do not follow the law. I hope you find this helpful.
EMPLOYMENT AT WILL, DISCRIMINATION, RETALIATION AND HOSTILE WORK ENVIRONMENT UNDER PENNSYLVANIA AND FEDERAL LAWS
What is "Adverse Employment Action"?
We use that term throughout this Post, and elsewhere. It refers to action taken by an employer against an employee's interests, such as a warning, demotion, failure to promote, reduction in hours, suspension or termination.
If the Adverse Employment Action is based upon a pretext, and causes the employee significant financial losses, pursuing a claim of discrimination could very well be appropriate.
There Are Important Deadlines for Filing a Discrimination Complaint With the Equal Employment Opportunity Commission ("EEOC") and/or State Agencies Such as the Pennsylvania Human Relations Commission ("PHRC").
Adverse Employment Actions that violate federal laws such as Title VII, the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Pregnancy Discrimination Act, the Equal Pay Act, etc. trigger an employee's obligation to file a complaint with the EEOC in a timely fashion or any rights under such laws may be lost forever.
Most states, including Pennsylvania, have laws that largely mirror federal employment laws; in Pennsylvania, the law is known as the Pennsylvania Human Relations Act, and have similar deadlines for filing with the EEOC's state counterparts (which in Pennsylvania is the PHRC).
Does Philadelphia Have an Anti-Discrimination Law That Protects Me From a Hostile Work Environment Because I am Transgender? Do Other Cities in Pennsylvania and the United States Have Laws That Protect Workers From Illegal Treatment at Work?
Philadelphia's Fair Practices Ordinance provides a number of protections to employees not found in federal or state anti-discrimination laws. For example, discriminating against workers employed in Philadelphia County because of their sexual preference or gender identity is illegal under the PFPO. Timely claims made under the PFPO are investigated by the the Philadelphia Commission on Human Relations.
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There are no less than 30 different municipalities in Pennsylvania that have laws protecting individuals who work in said municipalities from various forms of discrimination.
Almost every state has its own law that protects workers from discrimination and, under the principal of Federalism, state laws often provide more protection from illegal workplace treatment than do federal laws such as Title VII.
What Does "Employment at Will" Mean in Pennsylvania?
It means that you can be terminated for any reason, good or bad, unless the termination results from illegal discrimination, illegal retaliation or a wrongful termination. Click Here for a more.
How Does Pennsylvania Law Define Wrongful Termination?
Many states, including Pennsylvania, make it illegal to fire employees that have filed a workers' compensation claim, or have asserted rights under other statutes (such as seeking full or partial unemployment subsequent to layoff or reduction in hours), etc. Otherwise the "employment at will" rule controls, and one can sue for wrongful termination only if the victim of illegal discrimination or illegal retaliation. Click Here for more.
Is Workplace Bullying Illegal?
If your Boss, supervisor or co-worker is a mean to everyone, but seems intent on bullying you until you quit, it can be very distressing - but it is NOT illegal. There are not federal or state laws that protect employees against being subjected to bullying at work UNLESS the bully is singling you out because you are in a protected class, i.e. over 40, disabled, pregnant, a woman, disabled, etc.
What is a Hostile Work Environment?
It exists when the work place is permeated with a poisonous atmosphere that is hostile to people because of their age, sex, race, national origin, religious beliefs, or because of sexual harassment, or because the company manifests its anger in response to a protected complaint by engaging in illegal retaliation. Click Here for more.
I am Being Treated Unfairly at Work in PA, Do I Have a Case?
You may, if you are being subjected to illegal discrimination, sexual harassment or illegal retaliation. However, if the atmosphere is poisoned by "mere" office politics, or a jerky boss, or as a result of a policy of favoritism that places you on the outside looking in, probably not. Click Here for more.
What is Illegal Discrimination?
It exists when you are being treated poorly BECAUSE OF your age, sex, race, national origin, etc. (as distinguished between simply because you are not as popular as other employees). Click Here for more.
Need Legal Help With a Severance Agreement? John Gallagher's Philadelphia Area Law Firm Negotiates All Types of Employment Contracts |
John A. Gallagher is an experienced employment law attorney in the Philadelphia area employment attorney who assists Pennsylvania workers located in towns such as Wynnewood, Rosemont, Garrett Hill, Germantown, Chalfont, North Wales, Wyndmoor and Plymouth Whitemarsh sue for Unpaid Overtime.Mr. Gallagher, who regularly represents people who live in Montgomery, Delaware, Bucks, Berks and Philadelphia counties, prosecutes claims for unpaid wages, compensation, benefits, vacation pay, commissions, bonuses and/or severance on a Contingent Fee basis.
| D-Jax Punt Return at Giants Stadium One of My Fondest Sports Memories December 19, 2010 |
Employment Attorney in Philadelphia Area Answers Most Frequently Asked Employment Law Questions
Below are some of the most common questions/scenarios I am asked about. I provide the briefest answers in this Post, but the Links will lead you to more comprehensive discussions on each topic.
My goal is to inform the public, and to remedy illegal employment activities by companies that do not follow the law. I hope you find this helpful.
EMPLOYMENT AT WILL, DISCRIMINATION, RETALIATION AND HOSTILE WORK ENVIRONMENT UNDER PENNSYLVANIA AND FEDERAL LAWS
What is "Adverse Employment Action"?
We use that term throughout this Post, and elsewhere. It refers to action taken by an employer against an employee's interests, such as a warning, demotion, failure to promote, reduction in hours, suspension or termination.
| The Most Serious Form of Adverse Employment Action |
There Are Important Deadlines for Filing a Discrimination Complaint With the Equal Employment Opportunity Commission ("EEOC") and/or State Agencies Such as the Pennsylvania Human Relations Commission ("PHRC").
| 300-Day Deadline |
| 180-Day Deadline |
Does Philadelphia Have an Anti-Discrimination Law That Protects Me From a Hostile Work Environment Because I am Transgender? Do Other Cities in Pennsylvania and the United States Have Laws That Protect Workers From Illegal Treatment at Work?
Philadelphia's Fair Practices Ordinance provides a number of protections to employees not found in federal or state anti-discrimination laws. For example, discriminating against workers employed in Philadelphia County because of their sexual preference or gender identity is illegal under the PFPO. Timely claims made under the PFPO are investigated by the the Philadelphia Commission on Human Relations.
.
There are no less than 30 different municipalities in Pennsylvania that have laws protecting individuals who work in said municipalities from various forms of discrimination.
| States Are Free to Provide More Protection to Workers Than is Provided Under Federal Law |
What Does "Employment at Will" Mean in Pennsylvania?
It means that you can be terminated for any reason, good or bad, unless the termination results from illegal discrimination, illegal retaliation or a wrongful termination. Click Here for a more.
How Does Pennsylvania Law Define Wrongful Termination?
Many states, including Pennsylvania, make it illegal to fire employees that have filed a workers' compensation claim, or have asserted rights under other statutes (such as seeking full or partial unemployment subsequent to layoff or reduction in hours), etc. Otherwise the "employment at will" rule controls, and one can sue for wrongful termination only if the victim of illegal discrimination or illegal retaliation. Click Here for more.
Is Workplace Bullying Illegal?
If your Boss, supervisor or co-worker is a mean to everyone, but seems intent on bullying you until you quit, it can be very distressing - but it is NOT illegal. There are not federal or state laws that protect employees against being subjected to bullying at work UNLESS the bully is singling you out because you are in a protected class, i.e. over 40, disabled, pregnant, a woman, disabled, etc.
| NOT Illegal UNLESS You Have Been Singled Out BECAUSE of Your Age, Sex, Race, Color, National Origin, Disability or Religious Beliefs or if an Act of Illegal Retaliation |
It exists when the work place is permeated with a poisonous atmosphere that is hostile to people because of their age, sex, race, national origin, religious beliefs, or because of sexual harassment, or because the company manifests its anger in response to a protected complaint by engaging in illegal retaliation. Click Here for more.
I am Being Treated Unfairly at Work in PA, Do I Have a Case?
You may, if you are being subjected to illegal discrimination, sexual harassment or illegal retaliation. However, if the atmosphere is poisoned by "mere" office politics, or a jerky boss, or as a result of a policy of favoritism that places you on the outside looking in, probably not. Click Here for more.
What is Illegal Discrimination?
| Illegal Discrimination Exists When You Are Treated Differently Because You ARE Different |
Am I the Victim of Illegal Retaliation?
It is when the company treats you badly, or takes adverse employment action in response to your complaint of illegal hostile work environment, sexual harassment and/or illegal discrimination in the workplace.
It also comes about if the company "punishes" you for seeking a reasonable accommodation under theAmericans With Disabilities Act, or in response to you asserting your rights to Family and Medical Leave, overtime, workers' compensation or a limited number of other statutes (such as those protecting whistleblowers).
However, if you are punished after you complained that your boss was a bully or because you believed the company's business practices were immoral or unethical, you would not have a claim for illegal retaliation.
Click Here for more.
How Do I File a Discrimination or Sexual Harassment Claim in Pennsylvania?
You may file a Charge of Discrimination with either the Pennsylvania Human Relations Commission ("PHRC"), the Philadelphia Commission on Human Relations (if you work in Philly) and/or the Equal Employment Opportunity Commission ("EEOC").
If your employer (or ex-employer) has more than 15 employees, you have rights under federal statutes such as Title VII, the Americans With Disabilities Act, the Age Discrimination in Employment Act, etc., and must file your Charge with EEOC in a timely fashion in order to preserve your rights under such laws.
If your employer (or ex-employer) has more than 4 employees, you may file your Charge with the PHRC (if they have less than 15 employees, you can only file with the PHRC; if they have 15 or more employees, you may file with PHRC and EEOC).
It is when the company treats you badly, or takes adverse employment action in response to your complaint of illegal hostile work environment, sexual harassment and/or illegal discrimination in the workplace.
It also comes about if the company "punishes" you for seeking a reasonable accommodation under theAmericans With Disabilities Act, or in response to you asserting your rights to Family and Medical Leave, overtime, workers' compensation or a limited number of other statutes (such as those protecting whistleblowers).
| Punished Because You Sought Protection From an Illegal Workplace Action? |
However, if you are punished after you complained that your boss was a bully or because you believed the company's business practices were immoral or unethical, you would not have a claim for illegal retaliation.
Click Here for more.
| Helps Workers Who Work In Philadelphia |
You may file a Charge of Discrimination with either the Pennsylvania Human Relations Commission ("PHRC"), the Philadelphia Commission on Human Relations (if you work in Philly) and/or the Equal Employment Opportunity Commission ("EEOC").
| 300-Day Deadline to File a Charge |
If your employer (or ex-employer) has more than 4 employees, you may file your Charge with the PHRC (if they have less than 15 employees, you can only file with the PHRC; if they have 15 or more employees, you may file with PHRC and EEOC).
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