Employment Lawyer Handles Cases in Delaware, Montgomery, Philadelphia and Chester Counties
Pennsylvania firm represents workers and employers
Workplace legal matters present a serious challenge to employees and employers. At The Pagano Law Firm, LLC, Marlo Pagano-Kelleher is an experienced Radnor employment lawyer who guides Pennsylvania clients with skill and determination in pursuit of a proper result. Our firm delivers sound advice and advocacy to workers and businesses on various types of matters, including those involving severance agreements and other contracts as well as cases where discrimination, sexual harassment and wrongful termination is alleged.
Workplace discrimination claims
Federal law and Pennsylvania’s Human Relations Act bar differential workplace treatment based on the fact that an employee belongs to a legally protected class. This means that bias is barred on the basis of personal characteristics such as:
- Race, color and national origin
Illegal employment discrimination takes many forms. It might mean that someone does not get a job, or even an interview. Someone who does secure a position could have a claim if they are unable to get a promotion, relegated to menial work or fired based on their background. Working with an experienced discrimination lawyer can help you understand the merits of a particular claim, what remedies have been awarded in similar cases and what defenses might be available to the employer.
Sexual harassment claims
There are two types of sexual harassment claims: quid pro quo and hostile work environment. In quid pro quo cases, someone in a superior position exploits their power in order to pressure a worker into giving them sexual attention. Hostile work environment claims arise when sexually offensive comments, images or actions make it difficult for a victim to do their job. Both forms of sexual harassment can lead to legal liability for the individual engaging in the misconduct as well as an employer that does not take steps to prevent or punish it.
Unpaid wage issues
Pennsylvania’s minimum hourly wage currently matches the federal rate at $7.25. While this might seem simple, there are numerous situations where workers claim that they are not getting compensation they are entitled to under the law. Conflicts often arise over the federal rule requiring most hourly employees to receive time-and-a-half for overtime. If you are not receiving the premium for hours worked beyond 40 in a week, it might be because your employer is classifying you as a contractor or someone who has a job that is exempted from overtime, such as a management position. The Pagano Law Firm handles all types of wage and hour disputes on behalf of both employees and businesses and can explain how the law applies to your case.
As an “employment at will” state, Pennsylvania allows companies to dismiss workers for nearly any reason, or no reason at all. There is not a legal remedy for every unfair firing, but in some cases, the reason for the dismissal can give rise to a wrongful termination action. Reasons why a dismissal might be unlawful include:
- Discrimination — A firing cannot be based on an individual’s race, sex, religion, age or other personal characteristic that puts them within a legally protected group.
- Retaliation — Whistleblowers have the right to report company misconduct without fear of reprisal. If you feel your termination was due to a complaint you entered, we can investigate the true motivation for the firing.
- Contract breaches — Employees who work pursuant to a contract might have additional rights that require employers to complete a specified review process or provide certain compensation in the event of a dismissal.
- Public policy — Certain firings might violate the law if they are considered to be against public policy. For example, a worker could challenge their termination if they were fired for refusing to commit an illegal or unethical act at the request of their boss.
In a successful wrongful termination action, remedies might include back pay, compensation for the pain and emotional distress caused by the job loss and possibly even reinstatement. Typically, employers will defend these matters by claiming the firing was for other reasons rather than the unlawful grounds alleged. No matter which side of a wrongful termination case you’re on, our firm will press for a favorable resolution.
We advise clients on all types of matters relating to employment agreements. From offer letters to severance packages and agreements, The Pagano Law Firm offers sound counsel and strong negotiation skills. You can also rely on us for effective representation in matters relating to the drafting, formation and enforcement of nondisclosure agreements (NDAs) and non-compete clauses. Courts often void restrictive covenants that they deem to be unfair, so it is important to speak with a knowledgeable attorney before drawing one up.
Contact a Pennsylvania employment lawyer to schedule a free consultation
The Pagano Law Firm, LLC in Radnor represents workers and employers in a wide range of employment law matters, including discrimination and wrongful termination cases. We serve Montgomery, Delaware, Philadelphia and Chester County clients. Please call 484-318-2561 or contact us online to discuss your issue.