At our law firm, as Philadelphia and Bucks County Employment Lawyers we understand that employment law can be a complex area of law for employees to navigate. We understand the importance of protecting the employees’ rights in the workplace and that’s why we handle a variety of employment law cases including workplace discrimination, harassment, retaliation, wrongful termination, and unpaid wages. Keep reading for more information on the areas of employment we handle.
If you believe you have an employment related matter, you should hire an attorney who has your business in mind and Kaminsky Law is that office. We have office in Philadelphia and Bucks County and ready to help. Give our office a call at 215-876-0800 to schedule a free consultation.
Any work you do for an employer should be compensated. It is a fundamental right that every employee is paid for work performed for their employer. Unfortunately, that doesn’t always happen. Not only should you be compensated for the time worked, if you are a non-exempt employee, any time over 40 hours in a workweek should be compensated with overtime pay. Sometimes, employers try to misclassify their employees as independent contractors to avoid complying with wages laws. There are numerous federal and state laws that protect employees from wage theft and impose strict penalties on employers that violate these laws.
Federal and State laws prohibit an employer from discriminating against an employee for race, color, gender, sexual orientation, religion, age, and national origin. Discrimination can occur at any point in the job including the hiring practices, promotion, job assignments, compensation, and termination. We frequently see that pregnant women are facing discrimination in the workplace even after the enactment of the Pregnant Workers Fairness Act in 2022.
If you believe you were the victim of discrimination in the workplace, you should contact one of our experienced employer lawyers to schedule a free consultation. Workplace discrimination claims should be filed with the appropriate agency within the required timeframe under the law, so it is important to contact us as soon as you believe you have a claim.
Discrimination also exists based on the disability of a person. The Americans with Disabilities Act (“ADA”) provides that an employer may not discriminate against a qualified individual based on disability. It also requires employers to make reasonable accommodations for disabilities whenever possible.
If you’re terminated from your job, it can be devastating. The emotional and economic impacts can be extensive. Pennsylvania is an at-will employment state meaning employees can be fired at any time for any reason.
For individuals on military orders, however, there are protections in place under the USERRA safeguards employment rights of individuals who serve in the U.S military or other uniformed services.
Often times, employees are terminated for reasons that are deeply unfair, but not unlawful. However, there are still some situations in which a wrongful termination claim can arise. A few examples include termination because of discrimination, taking entitled leave, seeking reasonable accommodations, and refusing to do something illegal. Additionally, if you make any good faith complaints against an employer for things like harassment or safety violations, any subsequent termination could potentially be a retaliation claim
Whistleblower retaliation is one of the biggest problems facing federal and state employees today. This is especially true in the current economy when people are being targeted for reporting fraud, safety concerns, or mismanagement. Retaliation can take on many forms, including being missed for a promotion, fired, ostracized from your peers, or harassed in the workplace by a manager, supervisor, or coworker.
Our firm also represents employees who have legal questions about the employment agreements they enter into. This can include non-compete, non-solicitation, and confidentiality clauses. Once these agreements are signed, it can be difficult to rescind the agreement and the effects can have lasting consequences long after you leave your current job. It is always important to have an experienced employment attorney review agreements before you sign so you can understand all the implications. If you have signed an agreement and you are questioning whether it is enforceable, our attorneys are also available to review and give an opinion on the enforceability of some or all of the agreement.
No one should feel uncomfortable in their workplace and sexual harassment can take on many forms, even in less obvious ways that can greatly impact an employee’s work experience. Federal and state laws protect employees from unwelcome sexual advances, requests for sexual favor, and any other verbal or physical conduct of a sexual nature. Sexual harassment can happen to men and women and the offender does not have to be a superior. If you are experiencing sexual harassment, you should make a complaint with your employer. If your employer does nothing to investigate, or retaliates against you, those are claims that can also be brought alongside a sexual harassment case. Just as with many other types of employment cases, there are strict timelines associated with filing a lawsuit of this nature and it is important to act as soon as you believe you have a claim.
Everyone can think of a time when they worked for a boss or supervisor where you both did not get along and did not like each other. However, there are situations in which a boss or supervisor’s behavior is so extreme it causes a hostile work environment making it difficult to continue performing your job duties. All behavior that falls into this category must meet three criteria:
When these criteria are met it pushes the behavior over the line from unprofessional to unlawful. It is important to note that quitting due to hostile work environment can make recovery difficult.
Work law or employment law makes up the legal rules that control employment relationships, including contracts, labor rights, workplace safety, discrimination, wages, family leave, termination, and worker’s compensation.
Employee rights are made up of workplace protections, including fair wages, safe working conditions, freedom from discrimination or harassment based on factors like race of gender, the right to unionize, and access to medical leave and worker’s compensation.
In Pennsylvania, you can refer to the Pennsylvania Human Relations Commission (PHRC) website or give us a call and we will be happy to give you feedback on whether you may have a claim against your employer.
Employment discrimination refers to unfair treatment of employees or job applicants based on factors like race, gender, age, religion, disability, or other protected characteristics.
Yes! Employees have many rights at work and if you feel that your rights are being violated you should reach out to an attorney to see if something can be done about it. This matter does not immediately have to be taken to court but it should be acted upon quickly.
The Age Discrimination in Employment Act (ADEA) is a United States federal law that protects individuals aged 40 and above from discrimination in employment decisions based on their age, ensuring equal opportunities in the workplace for people of all ages.
The Fair Labor Standards Act (FLSA) requires employers to adhere to federal standards regarding minimum wage, overtime pay, recordkeeping, and child labor regulations to ensure fair compensation and working conditions for employees in the United States.
A strong retaliation case typically involves evidence of protected activity (ex. whistleblowing), adverse employment action in response, a clear link between the two, and supporting documentation or witnesses demonstrating the employers retaliatory intent.
At-will employment means that employers can terminate employees at any time, for any reason, as long as it is not illegal or discriminatory, and employees can also resign without giving proper notice.
Kaminsky Law is a small business-oriented litigation Law firm licensed in Pennsylvania and New Jersey with cost-effective approach to lawsuits, settlements, and dispute resolution.