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Philadelphia Employment Lawyer

Protecting the Rights of Workers Throughout Philadelphia County

Employers have a responsibility to treat employees fairly and to compensate them in accordance with federal and state laws. These labor laws are in place to protect employees from misconduct and unfair employment practices. Labor law violations are a serious matter that should be handled by a knowledgeable and experienced attorney.

At Mincey Fitzpatrick Ross, we represent employees who have been wronged by their employers. We strive to protect the rights of workers throughout the Greater Philadelphia Area. If you have experienced any form of mistreatment in the workplace, our team can help right the wrongs against you.

If you’ve been wronged at work, don’t wait—contact us today! Call us at (215) 550-1999 for a free consultation with our experienced Philadelphia employment law attorneys.

What is Workplace Discrimination?

Discrimination in the workplace is an all-too-common occurrence. Under both federal and state law, it is illegal for an employer to discriminate against a prospective or current employee based on race, religion, gender, ethnicity, disability, pregnancy, sexual orientation, or age. It is also illegal for an employer to retaliate against an employee for complaining about discriminatory treatment.

Forms of employment-based discrimination include:

Requesting or suggesting preferred candidates in a job listing
Excluding potential candidates based on aforementioned personal qualities
Denying certain employees the pay they deserve
Discrimination when assigning or allowing benefits like maternity or disability leave
Passing over certain employees for promotions

If you believe you have experienced any of these forms of discrimination, we encourage you to tell our Philadelphia discrimination lawyers your story during a free consultation. We can assess your situation and determine whether you may have grounds for a lawsuit. It is important to understand that reporting discrimination is a protected act under the law, meaning you cannot legally be retaliated against for taking such actions. Your voice can initiate changes, providing a safer environment not just for yourself but also for your colleagues.

In Philadelphia, local laws such as the Philadelphia Fair Practices Ordinance provide additional protections beyond federal mandates, specifically addressing discrimination in employment and promising sharper enforcement. Knowing these unique local protections can be crucial as they may offer more comprehensive coverage than federal laws. Our attorneys are well-versed in both state-specific and city-specific legal nuances and can navigate these complexities to best serve your case.

What Qualifies as Sexual Harassment in the Workplace?

Plain and simple, sexual harassment is abuse. Employers, supervisors, and co-workers found guilty of sexual harassment face serious consequences.

Employment law qualifies sexual harassment as either:

Hostile workplace sexual harassment: When an employee is subjected to behavior – such as lewd comments, sexist insults, or unwanted physical contact – that creates a hostile work environment
Quid pro quo sexual harassment: When an employee is pressured into sexual favors in exchange for benefits, a promotion, etc.

Any instance of sexual harassment is an intolerable abuse of power. If you have been sexually harassed at work, you deserve to seek justice and put a stop to the behavior. Our Philadelphia employment lawyers can help. Speaking with a legal professional can provide clarity and strength in navigating such distressing situations. Understanding that Pennsylvania laws are enforced with the aim to eradicate such misconduct emphasizes the state's dedication to creating fair workplaces.

Moreover, it is vital for potential victims to document any instances of harassment meticulously. Maintaining records of interactions, saving emails or messages, and collecting witness statements can significantly bolster your case. By coming forward, you not only work towards personal justice but also contribute to creating a safer and more respectful workplace for everyone.

Wage and Hour Violations

Employees have specific rights when it comes to their wages and work hours, and employers must follow both state and federal laws. If you believe your employer is violating these laws, here's what you need to know:

Overtime Pay:

Under the Fair Labor Standards Act (FLSA), employees who work over 40 hours in a week must be paid overtime.
Overtime pay is typically 1.5 times your regular hourly rate.
If your employer is not paying you for overtime hours worked, you may be entitled to back pay and penalties.
Common violations include misclassifying employees as exempt from overtime or failing to keep accurate time records.

Understanding your overtime rights can be crucial for proper compensation. The city of Philadelphia has seen various lawsuits centered on misclassification of jobs that should be eligible for overtime pay. By remaining informed about your classification and maintaining accurate records of your hours, you protect your rightful earnings. Misclassifications are often used to undercut fair pay, and seeking advice can ensure your rights are upheld.

Minimum Wage:

Employers are required to pay at least the federal or state minimum wage, whichever is higher.
In Pennsylvania, the state minimum wage is $7.25 per hour, but many cities and counties may have a higher rate.
If you're paid less than the minimum wage, you may have a legal claim for underpayment.
Employers also cannot require you to pay for work-related expenses that reduce your earnings below minimum wage.

To assist workers, Philadelphia has established a Wage Theft Ordinance that provides a defined pathway for claims against employers unlawfully withholding wages. This local legislation demonstrates the city’s commitment to protecting labor rights and ensuring fair treatment for all workers. If you suspect any wage theft, contacting our legal team can be a decisive step in reclaiming your deserved earnings.

If you're not receiving the proper compensation, an experienced lawyer can help you understand your rights and take action. Addressing these issues promptly can also prevent further exploitation and empower other employees to come forward, fostering a collective push towards fair employer practices.

Workplace Retaliation

It’s illegal for your employer to retaliate against you for standing up for your rights. Here are some key points to consider:

Protected Activities:

If you report illegal conduct, file a workers' compensation claim, or complain about discrimination or harassment, these actions are protected by law.
If your employer takes adverse actions (like demoting, terminating, or reducing your hours), that could be retaliation.

Retaliation is not just a violation of your rights, but it undermines the ethical foundation of workplace environments. Philadelphia emphasizes safeguarding employee rights, ensuring a supportive atmosphere is maintained for all workers. Document any retaliatory actions meticulously—this builds a strong foundation for your claim and confirms the unlawful changes due to your protected activity.

How to Fight Back:

You may be entitled to compensation for damages caused by retaliation.
An employment lawyer can help you file a retaliation claim and hold your employer accountable.

Engaging a skilled attorney can offer insight into the nuances of retaliation claims, helping ensure no retaliatory action goes unchecked. Local laws, such as the Pennsylvania Human Relations Act, support employees by providing clear paths to justice. Through legal guidance, you can reclaim your working rights and contribute to broader workplace equity.

Whistleblower Protections

Whistleblowers play an important role in keeping workplaces safe and legal. Here’s what you need to know:

What is Whistleblower Protection?

Employees who report unsafe working conditions, fraud, or illegal activities are protected under both state and federal whistleblower laws.
These laws make it illegal for employers to retaliate against employees for reporting violations.

Becoming a whistleblower is a courageous act, ensuring transparency and ethical practices within organizations. Laws specifically in Philadelphia further buffer employees initiating change, underscoring the city’s robust framework for protecting workers who speak out. Bringing discrepancies to light reinforces a commitment to ethical standards and workplace integrity.

Know Your Rights:

If you've been retaliated against after reporting a workplace violation, you may have grounds for a whistleblower claim.
Our attorneys can help protect your rights and ensure you are not penalized for doing the right thing.

Local support systems, including specific state laws, make sure that whistleblowers are shielded from negative consequences, thereby encouraging more employees to step forward with information. Engaging with knowledgeable legal experts ensures you remain informed and supported every step of the way, advocating for a better, more compliant work environment.

If you're facing wage and hour violations, retaliation, or whistleblower retaliation, don't hesitate to reach out to a knowledgeable attorney. They can help you understand your options and take the necessary steps to protect your rights.

Wrongful Termination

Though many workers are “at-will” employees – meaning they can be fired for any legal reason – In Philadelphia employers cannot terminate someone based on race, gender, disability, or any other protected class.

If you believe you have been fired, let go, or laid off unlawfully, Mincey Fitzpatrick Ross can investigate the situation and determine whether there were lawful grounds for termination.

Severance Negotiations

If you have been let go from a job in Pennsylvania, your employer is not technically required to pay you severance under any federal or state laws. The employer is required to pay severance, however, if severance pay was guaranteed in an employment contract you signed when hired.

If you were recently laid off and your employer has offered you a severance package, we encourage you to contact our attorneys before signing anything or accepting the offer. We can help you determine if the offer is good and may even help you negotiate a better severance package.

Additionally, understanding your entitlements under Pennsylvania’s employment laws can significantly influence your severance package negotiations. Agreements often include noncompete clauses and waivers of claims, requiring careful review to ensure they do not unduly limit your future employment prospects. Gaining clarity on these factors can protect your career trajectory while securing fair compensation.

Philadelphia employers may have standard practices regarding severance that align with city norms, though these can differ from state-wide trends. Local legal counsel is instrumental in navigating these specifics, ensuring your agreement reflects true value and protecting you from potential post-employment restrictions.

Family & Medical Leave (FMLA)

Under the federal Family and Medical Leave Act (FMLA), eligible employees are entitled to take unpaid leave from work for family or medical reasons. If your employer has refused to grant you this leave or has replaced you with a new employee during your absence, you may have grounds for a lawsuit. Our employment lawyer in Philadelphia at Mincey Fitzpatrick Ross can help you pursue justice to correct this FMLA violation in Philadelphia.

Securing FMLA rights is critical for maintaining work-life balance during personal challenges. Employees in Philadelphia adhering to these laws contribute positively towards nurturing inclusive workplace environments, valued for recognizing employee needs beyond day-to-day tasks. Failures in compliance not only violate federal guidelines but also disrupt the essential recovery period allotted to employees.

The FMLA specifically protects against job loss during leave-eligible periods, ensuring that personal well-being does not compromise professional standing. Consulting with qualified attorneys offers a clearer path to understanding these protections, gaining support in mitigating wrongful employer practices, and upholding your rightful position upon returning to work.

Understanding Employee Rights to Unionize in Philadelphia

Unionization is a right protected under the National Labor Relations Act, allowing employees to organize for better wages, benefits, and working conditions. In Philadelphia, union presence is strong, reflecting the city's historical dedication to protecting workers’ rights. Employees seeking to form a union or join an existing one should be aware of both their rights and potential challenges.

Employers are prohibited from retaliating against or interfering with employees engaged in organizing activities. Our team at Mincey Fitzpatrick Ross, LLC can guide employees through the process, ensuring their actions remain protected and effectively addressing any employer violations that may arise during the unionization efforts. By working together, staff can advocate for fairer and more equitable working environments in Philadelphia.

Need legal help with workplace issues? Contact us at (215) 550-1999 to discuss your case with an experienced Philadelphia empoyment law attorney.

Frequently Asked Questions (FAQs)

What should I do if I believe I'm not getting paid correctly?

If you suspect you're not being paid correctly, whether it's overtime, minimum wage, or other wages, start by reviewing your pay stubs and time records. Keep a log of your work hours and compare them to your paycheck. If discrepancies exist, contact an employment lawyer who can help you determine if you have a case for wage theft or other violations.

Can my employer fire me for reporting harassment or discrimination?

No, it is illegal for an employer to fire or retaliate against you for reporting harassment, discrimination, or any other unlawful conduct. If this happens, you may have a claim for wrongful termination or retaliation. Document the incident and consult an attorney as soon as possible to explore your legal options.

What is the difference between a "salaried" and "hourly" employee in terms of overtime?

Salaried employees are generally exempt from overtime pay if they meet certain criteria, such as earning above a specific salary threshold and performing job duties that require specialized knowledge or skills. However, hourly employees are usually entitled to overtime pay for any hours worked over 40 in a workweek, regardless of their job type.

What can I do if my employer refuses to pay my severance after termination?

If your employer has promised severance in an employment contract or through company policy but refuses to pay, you may have grounds to pursue legal action for breach of contract. A lawyer can help you negotiate or take steps to secure the severance pay you are owed.

How can I protect myself as a whistleblower?

Whistleblowers are protected by state and federal laws, but it's important to follow proper procedures when reporting unsafe conditions or illegal activity. Make sure you document your concerns and report them through the appropriate channels. If you experience retaliation for whistleblowing, an employment lawyer can assist in defending your rights and pursuing a legal claim.

What is "wrongful termination" and how do I know if I’ve been wrongfully fired?

Wrongful termination occurs when an employee is fired for illegal reasons, such as discrimination, retaliation, or in violation of an employment contract. If you believe you were fired because of your race, gender, disability, or for reporting misconduct, you may have been wrongfully terminated. Consult with an employment attorney to review your case and determine if legal action is appropriate.

Is non-compete enforcement allowed in Philadelphia?

While non-compete agreements can legally bind employees in Pennsylvania, they are subject to reasonability assessments related to duration, geography, and extent of restriction. In Philadelphia, courts prioritize protecting against unfair competition but also ensure that employees’ rights to seek gainful employment are not unduly hindered. If you're facing enforcement of a non-compete clause, reviewing your agreement with the guidance of Mincey Fitzpatrick Ross, LLC can lead to strategic considerations for negotiation or litigation, depending on your situation.

Can my employer change my job duties without my consent?

In most cases, employers have the right to change job duties as long as the changes don't violate your contract, state or federal labor laws, or result in discrimination. However, if the change significantly alters your role or violates agreed-upon terms, you may want to discuss the situation with an attorney. Knowing when a change translates to constructive dismissal or breach of contract may require legal insight, especially if you've signed an employment agreement outlining specific duties or titles.