Philadelphia Employment Law Attorney

Lawyer for Employment Law Cases in Pennsylvania

We excel in the area of employment law. Whether you are an employer who needs consultation before hiring or firing, or an employee who needs to understand his or her rights against unlawful termination, a Philadelphia business and trial attorney at Halberstadt Curley may be able to help you navigate your way through the complex laws which have been enacted to prevent discrimination in the workplace. Our attorneys regularly appear before the Equal Employment Opportunity Commission (EEOC) and the Pennsylvania Human Rights Commission (PHRC). We may be able to help you or your business with employment law concerns.

Employment Law Matters We Represent

We have successfully prosecuted and defended claims including a number of employment law matters (see below for more information regarding these issues):

Title VII of the Civil Rights Act

Title VII of the Civil Rights Act involves some very important laws regarding employment practices. It is unlawful for an employer to discriminate against any individual with respect to that person's compensation, terms, conditions, or privileges of employment or because of such individual's race, color, religion, sex or national origin. To fail or refuse to hire an individual or to discharge an individual based on any of these is a serious Title VII infringement.

Sexual Harassment

An employee who has been subjected to unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature may have a claim for sexual harassment. This can result in a severe legal situation when such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive working environment.

Age Discrimination in Employment Act (ADEA)

The Age Discrimination in Employment Act (ADEA) prohibits discrimination in the workplace based upon age. To establish a prima facie age discrimination claim, an employee must show: (1) she is over forty, (2) she is qualified for the position in question, (3) she suffered from an adverse employment decision and (4) her replacement was sufficiently younger to permit a reasonable inference of age discrimination.

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals who suffer a disability. The statute defines "disability" in part as "a physical or mental impairment that substantially limits one or more of the major life activities of such individual."

Family Medical Leave Act (FMLA)

The primary purpose of the Family and Medical Leave Act (FMLA) is to balance the demands of the workplace with the needs of families and to entitle employees to take reasonable leave for medical reasons. Eligible employees are entitled to a total of twelve workweeks of leave during any twelve-month period if the employee has a serious health condition that makes that individual unable to perform the functions of his or her position. Following a qualified absence, the employee is entitled to be reinstated to the former position or an alternate one with equivalent pay, benefits and working conditions. The FMLA also provides protection against discrimination based on the exercise of these rights, often referred to as the "discrimination" or "retaliation" provisions of the FMLA.

Fair Labor Standards Act

The Fair Labor Standards Act requires employers to properly compensate employees for overtime work. The statute provides for significant penalties when employers misclassify employees or fail to pay employees time and one-half the standard rate in any week where an employee worked more than 40 hours. Remedies include double the amount owed to the employee plus attorney's fees. If you are an employer, an employment lawyer at our firm can review your workforce and make certain that you are in compliance. If you are an aggrieved employee we may be able to bring a claim for you to recover all damages on a contingency basis.

Pennsylvania Wage Payment and Collection Law

The Wage Payment and Collection Law governs wage claims in Pennsylvania. In the event it is determined that an employer has failed to pay an employee wages that are due and owing, the employee is entitled to collect the unpaid wages. That employee is also entitled to "liquidated damages" equal to 25% of the outstanding sums as well as attorney's fees and costs.

Violations of Non-Compete Agreements and Restrictive Covenants

Restrictive covenants and non-compete agreements are the focus of a tremendous amount of litigation and a large body of law has developed on the enforceability of such agreements. These agreements typically provide that a departing employee is not allowed to compete with his former employer for a certain period of time in a particular geographic area. Courts have broad authority over whether to enforce a restrictive covenant or non-compete agreement. The fact that the parties may have agreed to such restrictions in a written document does not mean that a court will necessarily enforce those restrictions. Courts seek to enforce such provisions when they serve to protect a legitimate business interest of the former employer (for instance, to prevent the inevitable disclosure of trade secrets). In balancing the equities of the parties, courts often limit the term of the non-compete agreement, limit the geographic scope of the agreement or decide that the former employer's only recourse is a claim for damages rather than injunctive relief.

Employee Retirement Income Security Act of 1974 (ERISA)claims

The Employee Retirement Income Security Act of 1974 (better known as ERISA) provides that if a participant or beneficiary believes that benefits promised to that individual under the terms of an employee benefit plan are not provided, a suit can be brought seeking provision of those benefits. A participant or beneficiary can also bring suit generically to enforce rights under the plan, or to clarify any rights to future benefits. There are specific rules, procedures and standards that apply to ERISA claims that differ from simple wage payment or other breach of contract claims. ERISA claims are litigated in federal court and permit the participant or beneficiary who was denied benefits to recover attorney's fees and costs.

Get the Help of a Pennsylvania Employment Law Attorney Today!

Employment law can be extremely complex and overwhelming without a lawyer skilled in employment law matters. Rest assured that an attorney on our dedicated legal team will do everything possible to win your case once you become a client.

Contact us now to speak with a Pennsylvania Employment Law Attorney at our firm who may be able to get the results you are looking for in your case!