Can I Get Unemployment Benefits and Disability Benefits at the Same Time in Pennsylvania?

Philadelphia Unemployment Lawyer With Offices in Montgomery County and Chester County

At the Gallagher Law Group, we represent only individuals with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need a Highly Experienced Unemployment Lawyer in the Philadelphia area who represents only individuals, John A. Gallagher has 20 years of experience, and offices in Plymouth Meeting, King of Prussia, Paoli, Exton,Radnor and Philadelphia.

Visit http://www.johnagallagher.com/.

In Pennsylvania, You Cannot Receive Unemployment if You Are Disabled

If you are on Long-Term Disability, that means that you have represented to an insurance company that you are unable to work.  You have probably supportred that representation with medical records from your doctor(s).  In order to get Unemployment in Pennsylvania, you must be ready and able to work.  Therefore, if you are on long-term disability, you cannot get Unemployment in Pennsylvania.

The Gallagher Law Group handles Unemployment Appeal matters for individuals in communities Doylerstown, Phoenixville, Collegeville, Lionville, Oaks, Royersford, Lansdale, Souderton, Horsham, Sellersville, Perkasie, and Willow Grove.  If you have a question about unemployment in Pennsylvania, call us today and we will discuss your matter at no cost to you.
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Can I Get Unemployment if I am Getting Severance in Pennsylvania?

Philadelphia Unemployment Lawyer With Offices in Chester County and Delaware County

At the Gallagher Law Group, we represent only individuals with workplace rights issues. Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need a Highly Experienced Unemployment Lawyer in the Philadelphia area who represents only individuals, John A. Gallagher has 20 years of experience, and offices in Paoli, Exton, Plymouth Meeting, King of Prussia, Radnor and Philadelphia.

Visit http://www.johnagallagher.com/.

You Can Receive Severance and Unemployment at the Same Time in Pennsylvania

Severance payments are for past performance.  Therefore severance is not considered current earnings. In Pennsylvania, you may receive severance and unemployment benefits at the same time.

If you need some guidance on an Unemployment Appeal Hearing in Malvern, Norristown, Springfield, Reading, Bristol or Phildelphia, call us today and we will discuss your matter at no cost to you.
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Philadelphia Attorney on Sexual Harassment

Sexual Harassment Law Firm in Philadelphia Area

At the Gallagher Law Group, we represent only individuals with workplace rights issues.  Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need a Highly Experienced Sexual Harassment Lawyer  in the Philadelphia area who represents only individuals, John A. Gallagher has 20 years of experience, and offices in Paoli, Exton, Plymouth Meeting, King of Prussia, Radnor and Philadelphia.

Visit http://www.johnagallagher.com/ today.

Quid Pro Sexual Harassment takes place when a supervisor or manager conditions future job benefits and opportunities on an employee's agreement to engage in personal relations.  This is the classic form of sexual harassment: "sleep with me and I will give you a promotion," or "sleep with me or else you won't have a job."

A Hostile Work Environment is another form of sexual harassment.  It is characterized by repeated comments about your anatomy or prospects of having sex with you, nudity being depicted in the office on a regular basis, pervasive use of foul and/or explicit language within your earshot.

What Should I Do If I Am Being Sexually Harassed in Pennsylvania?

Unless management is aware of the situation, you must report it to management and ask that the conditions be addressed.  If management is aware of the situation, and it continues unabated, then you have 3 choices: 1) do nothing and persevere; 2) report the company to the Pensylvania Human Relations Commission ("PHRC") and/or the Equal Employment Opportunity Commission ("EEOC") and keep working; or, 3) quit your job.  Before you quit your job, you should speak with an attorney top determine whether 1) you have a necessiotous and compelling reason to quit your job so as to qualify for unemployment benefits; 2) whether you have a valid legal claim that sexual harassment caused your to quit your job.

Can My Philadelphia Employer Retaliate Against Me If I Report Sexual Harassment?

First of all, it is important to understand the "legal" definition of retaliation.  Typically, the courts become concerned, and thus you have a claim for unlawful retaliation, if the employer responds to your complaint of sexual harassment with "adverse employment action."  Such action includes demotion, failure to promote, suspension, transfer to a remote location, withholding bonuses, termination and serious actions like that.  Generally, the hallmark of adverse employment action is a change in your employment status that costs you money, or prevents you from making more money. 

If you suffer an adverse employment action in response to your sexual harassment complaint, and wish to preserve your rights to a future lawsuit, you must file a charge with the PHRC within 180 days of the action, or with the EEOC within 300 days of the action.  Rather than try to explain the complexities of such filings in this blog, you may either call us or contact the EEOC in Philadelphia for additonal information.

Sexual Harassment Law Firm Serving Philadelphia area, including Media Springfield, Broomall, Phoenixville, Downingtown, Berwyn, Wayne, Ardmore, Narberth, Norristown, Lansdale

If you need some guidance on a potentiual sexual harassment claim, call us today and we will discuss your matter at no cost to you.
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Obama Signs Emergency Unemployment Extension

Employment Law Firm in Paoli, Pennsylvania

Late in the day on Thursday July 22, 2010, President Obama signed the Unemployment Extension law.  This will enable certain persons to receive extended unemployment benefits through November 30, 2010.

Late Thursday night President Obama signed the emergency unemployment eligibility extension into law. It is a complicated bill, and the $25 per week federal subsidy had to be sacrificed to insure its passage.  Here are some of the pertinent provisions:
  • Extend unemployment benefits retroactively through June 2.
  • Extend eligibility for the COBRA health insurance 65% subsidy for people who have lost their jobs through May 31.
Experienced Unemployment Attorney Handling Hearings in Norristown, Malvern, Springfield, Reading, Bristol and Philadelphia

It is important to understand that this bill does not extend unemployment benefits for Pennsylvanians who have exhausted their state maximum benefits. It does extend eligibility to apply for another Tier of benefits that you may be entitled to under Pennsylvania state law. 

Click this link to see what Tiers Pennsylvanian's are eligible to receive: http://www.ows.doleta.gov/unemploy/euc_trigger/2010/euc_030710.html.

Call us today with additional questions at 610-647-5027, or e-mail me directly with any employment law questions you may have.  You may also visit our Website at http://www.johnagallagher.com/.
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Montgomery County Pennsylvania Employment Attorney

Delaware County Pennsylvania Employment Attorney

Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

If you need a Highly Experienced Employment Attorney in the Philadelphia area who represents only individuals, John A. Gallagher has nearly 20 years of experience, and offices in Paoli, Exton, Plymouth Meeting, King of Prussia, Radnor and Philadelphia

Visit http://www.johnagallagher.com/ today.

Here are some of the employment law matters that we help individuals with every day (you may type in the topic and/or key words in our Search bar to learn more about these areas):

  •  Unemployment Appeal Hearings (willful misconduct, voluntary quit, overpayment)
  • Wrongful Discharge (discrimination, retaliation)
  • Age Discrimination
  • Pregnancy Discrimination
  • Race Discrimination
  • Disability Discrimination
  • National Origin Discrimination
  • Family and Medical Leave (FMLA, family leave, disability, ADA)
  • Americans With Disabilities Act (ADA, Reasonable Accommodations)
  • Hostile Work Environment (discrimination, hostile work environment, demotion, termination)
  • Wage Claims (FLSA, Bonus,. Severance, Overtime, WPCL)
  • Severance Packages
  • Non-Solicitation Agreements (non-compete, non-solicitation)
We know exactly what to look for when your employer is trying to hide an illegal plan designed to oust you from your employment.  We know how to make an employer pay you money that you have earned.  We know precisely how to protect you if you are in fear of losing your job.  We know how employers try to win unemployment appeal hearings.

Employment Law Firm Serving Philadelphia area, including Media Springfield, Broomall, Phoenixville, Downingtown, Berwyn, Wayne, Ardmore, Narberth, Norristown, Lansdale

 If you need some guidance, call us today and we'll discuss your matter at no cost to you.  We will help get you on equal footing with your employer.
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Experienced Philadelphia Labor Lawyer

Chester County Labor Lawyer

Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

John A. Gallagher is a Highly Experienced Labor Lawyer With Offices in Paoli, Exton, Plymouth Meeting, King of Prussia, Radnor and Philadelphia

Visit http://www.johnagallagher.com/ today.

We represent individuals with ahost of employment law issues, including the following (you may type in the key words in our Search bar to learn more about these areas):

Pennsylvania Unemployment (willful misconduct, voluntary quit, overpayment)

Negotiating Severance (severance)

Non-Solicitation Agreements (non-compete, non-solicitation)

Discrimination due to Age, Sex, Disability, Race, National Origin (age, sex, race, national origin, disability)

Family and Medical Leave (FMLA, family leave, disability, ADA)

Americans With Disabilities Act (ADA, Reasonable Accommodations)

Hostile Work Environment (discrimination, hostile work environment, demotion, termination)

Wage Claims (FLSA, Bonus,. Severance, Overtime, WPCL)

Labor Law Attorney Serving Philadelphia area, including Malvern, Paoli, Exton, Downingtown, Phoenixville, Pottstown, Norristown, East Norriton, , Media, Radnor and Broomall

If you need some guidance, call us today and we'll discuss your matter at no cost to you.
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Labor Lawyer Serving Paoli, Malvern, Exton, Phoenixville, King of Prussia, Norristown, Plymouth Meeting and Philadelphia Areas

Pennsylvania Labor Law Firm Representing Only Individuals In Chester County

Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

John A. Gallagher is a Highly Experienced Labor Lawyer With Offices in Montgomery County, Chester County, Delaware County and Philadelphia, Pennsylvania

Visit our Website today.

At the Gallagher Law Group, we help individuals, and only individuals,with the following types of matters (you may type in the key words in our Search bar to learn more about these areas):

Unemployment Benefits (willful misconduct, voluntary quit, overpayment)

Severance Packages (severance)

Non-Competition Agreements (non-compete, non-solicitation)

Discrimination (age, sex, race, national origin, disability, hostile work environment)

Short and Long Term Disability (FMLA, family leave, disability, ADA)

Reasonable Accommodation (ADA, Americans With Disabilities)

Hostile Work Environment (discrimination, hostile work environment, demotion, termination)

Overtime (WPCL, FLSA, Overtime)

Labor Law Attorney Serving Malvern, Paoli, Exton, Downingtown, Phoenixville, Pottstown, Norristown, East Norriton, Thronton, Media, Radnor, Newtown Square and Philadelphia Areas

If you need some guidance, call us today and we'll discuss your matter at no cost to you.
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Philadelphia Labor Lawyer

Philadelphia Area Labor Law Firm Representing Only Individuals

Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

John A. Gallagher is a Highly Experienced Labor Lawyer With Offices in Montgomery County, Chester County, Delaware County and Philadelphia, Pennsylvania

Visit our Website today.

At the Gallagher Law Group, we help individuals, and only individuals,with the following types of matters (you may type in the key words in our Search bar to learn more about these areas):

Unemployment Appeals (willful misconduct, voluntary quit, overpayment)

Severance Agreements (severance)

Non-Compete Agreements (non-compete, non-solicitation)

Discrimination Claims (age, sex, race, national origin, disability, hostile work environment)

Disability Leave Claims (FMLA, family leave, disability, ADA)

Reasonable Accommodation (ADA, Americans With Disabilities)

Retaliation (discrimination, hostile work environment, demotion, termination)

Wage Claims (WPCL, Overtime)

Labor Lawyer Serving Phoenixville, Pottstown, Norristown, East Norriton, Malvern, Paoli, Exton, Downingtown, Media, Radnor, Newtown Square and Philadelphia Areas

If you need some guidance, call us today and we'll discuss your matter at no cost to you.
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Can I Get Unemployment In Pennsylvania If I Quit My Job?

Philadelphia Area Law Firm Specializing in Unemployment Appeals

Unemployment benefits are incredibly crucial to many Pennsylvanians. If you quit your job, you may still be entitled to unemployment benefits, but only in somewhat limited circumstances.

Unemployment Attorney Serving Phoenixville, Pottstown, Norristown, East Norriton, Reading, Bristol, Malvern, Paoli, Exton, Downingtown, Media, Radnor, Newtown Square and Philadelphia Areas

Careful...
If you quit because you are told you will be fired IMMEDIATELY if you do not quit, then you will be entitled to unemployment benefits – provided that the reason for your impending termination was not willful misconduct.  So, if you were going to be laid off THAT DAY due to alleged poor performance, elimination of your job or financial hardship on the part of the company or other reasons unrelated to your violation of a work rule, you will get unemployment benefits even if you choose to quit. 

That is, you will get benefits provided that you can prove that you quit in lieu of termination!

In my experience, many employers under these circumstances attempt to convince unemployment that your quit was of your own choosing, and not "in lieu of immediate termination."  These can be tricky cases, so I typically advise my clients to think very carefully before quitting their job.

NOTE:  If your job is being eliminated, or if your temporary assignmment is ending, be very wary of employers who attempt to offer you a "phantom" job - this is a tactic designed to create the impression that you quit your job. Click Here for more insight into that-type situation.

Unemployment Law Firm With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia

The more difficult situation is when an employee quits his/her job without prompting from the employer (often due to mistreatment by bosses or co-workers). There, you must prove you had a "necessitous and compelling" reason for quitting. This is not an easy task, and you should consider retaining an attorney for your unemployment appeal hearing if you fall into this category.

What is a Necessitous and Compelling Reason For Quitting a Job in Pennsylvania?

Here are some of the most common examples of a necessitous and compelling reason to quit your job:

1) demotion; 2) transfer to a different job location that creates a hardship; 3) significant change in work hours; 4) significant change in compensation; 5) significant change in job responsibilities; 6) a geographic change by your spouse for a new job that requires you to quit so that you may move along with him/her; 7) a job offer from a different employer (you must have the offer in hand before you quit your job); and, 8) persistent and significant mistreatment by a boss or employee that continues despite you bringing the issue to the attention of management (this is the most common reason for quitting -most people refer to this as a "hostile work environment;" it is also the most difficult situation to deal with when seeking unemployment).

Statistics show that nearly half of the people on unemployment at any given time have quit their job.  My experience tells me that roughly 75% of them quit because they believe they are being subjected to a a hostile work environment.  So, you are not alone.  There are, however, some strategies to combat bad work situations.  Consequently, before you quit your job, you may want to speak to a qualified employment attorney.

John A. Gallagheris an employment lawyer who represents employees in Pennsylvania.

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave…

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues…

Click Here to e-mail John directly.

Thanks for checking in with us.
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I Need a Reasonable Accommodation in Pennsylvania - What Can I Do?

Philadelphia Area Reasonable Accommodation Law Firm

Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

John A. Gallagher is a Highly Experienced Disability Attorney With Offices in Delaware County, Chester County, Montgomery County and Philadelphia, Pennsylvania

Visit our Website today.

Recently, we talked about Family and Medical Leave, which provides you with 12 weeks of unpaid leave and job security. Another law, the Americans With Disabilities Act, also protects people with serious health conditions. It does not authorize a long term leave, however. It does require that that Pennsylvania companies make reasonable accommodations so that you may continue to do your job.

What is a Reasonable Accommodation?

There are many, such as purchasing equipment (bigger computer screen, office equipment, warehouse equipment, etc.), moderate alterations of work schedules or work locations, short term leave for medical appointments or recovery from illness. The key is that 1) you must specifically request a reasonable accommodation; 2) you will probably need to provide medical certification that the accommodation is necessary; and, 3) the accommodation must enable you to perform your job. The ADA does not require an employer to transfer you to another position; it requires employers to work with you, upon your request, to come up with a reasonable solution that will permit you to do your current job.

Employment Law Firm With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia Gives Free Consultations for Americans With Disabilities Act Issues

Companies are not always willing to offer a reasonable accommodation. If you believe you need a reasonable accommodation, you will want to strongly consider retaining an attorney. If you live in the Philadelphia area, and need legal advice on reasonable accommodations, call us today. We will discuss the matter with you and discuss your options at no cost.
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Philadelphia Long Term Disability Law Firm

PA Disability Law Firm

Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

John A. Gallagher is a Highly Experienced Disability Attorney With Offices in Montgomery County, Chester County, Delaware County and Philadelphia, Pennsylvania

Visit our Website today.

Recently, we talked about Family and Medical Leave, which provides you with 12 weeks of unpaid leave and job security. If you are on medical leave, you can also receive short term disability payments. Although they do not provide you with job security, they help you pay your bills while you recover.

Pennsylvania Disability Lawyer Serving Phoenixville, Pottstown, Norristown, East Norriton, Malvern, Paoli, Exton, Downingtown, Media, Radnor, Newtown Square and Philadelphia Areas

Once your short term benefits are exhausted, you may apply for long term disability. If you need to do that, there is a reasonable chance that you have lost your job after your FMLA leave rights were exhausted. And, since you are physically unable to work, you will likely be unable to get unemployment benefits. So long term disability benefits are crucial.

Employment Law Firm With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia Gives Free Consultations for Long Term Disability Issues

Insurance companies often fight long term disability claims. If yours fights you, you will want to strongly consider retaining an attorney. If you live in the Philadelphia area, and need legal advice on long term disability benefits, call us today. We will discuss the matter with you and discuss your options at no cost.
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Job Stress? How the Family and Medical Leave Act Can Help

The Family and Medical Leave Act (“FMLA”) protects employees who work more than 25 hours per week for companies that have more than 50 employees. To be eligible for FMLA Leave, you must have worked for the company for at least 12 months.

Pennsylvania Medical Leave Attorney Serving Phoenixville, Pottstown, Norristown, East Norriton, Malvern, Paoli, Exton, Downingtown, Media, Radnor, Newtown Square and Philadelphia Areas

Under FMLA, you are entitled to 12 weeks of unpaid leave per year  for your own serious health condition, a close family member’s serious health condition, if you are in the late stages of pregnancy or to care for a newborn child (whether you are the mother or the father). Although FMLA leave is unpaid, you are virtually guaranteed full job reinstatement upon your return to the company.

FMLA leave may be the most effective tool I know to combat work-related stress.  If a physician will certify that your condition requires you to take some time off of work, then you are eligible for FMLA leave with a right to full job reinstatement.  Once on FMLA leave for your own serious health condition, you may apply for short term disability benefits.  Also, you can take your vacation pay and sick pay to help you deal with the financial impact of unpaid FMLA leave.

Employment Law Firm With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia Gives Free Telephone Consultations for Family Leave Issues

If you are injured at work, in an accident or dealing with your own ongoing medical issue, or that of your spouse or child, you may be eligible for Family Leave. While the leave is unpaid, you can supplement your income via disability pay or other job-related benefits.  While you are away, the company will have to deal with the stress of your absence, while you may enjoy some quiet time at home to recharge your batteries, and consider your future employment options.

Questions? Call 610-647-5027 or e-mail me directly.  We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.  You can also check out our Website at http://www.johnagallagher.com/.
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Senate Extends Unemployment - Good News for Pennsylvania Residents

Pennsylvania Citizen With Unemployment Appeal Questions? We Can Help

Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

John A. Gallagher is a Highly Experienced Unemployment Lawyer With Offices in Chester County, Delaware County and Montgomery County, Pennsylvania

Visit our Website today.

Today, the Senate passed a bill further extending unemployment benefits to people who have been unemployed for a long time.

Philadelphia Unemployment Appeal Lawyer Serving Coatesville, Pottstown, Norristown, East Norriton, Malvern, Paoli, Downingtown, Media, Radnor, Newtown Square and Philadelphia Areas

In Pennsylvania, the maximum weekly unemployment benefit is $553. Prior to today, many people were going to lose benefits in the near future. Now, your right to receive unemployment compensation benefits is extended to the end of November 2010.

Employment Law Firm With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia Gives Free Consultations for Unemployment Compensation Issues

Call us today if you believe you need advice on your unemployment appeal, or have questions about extended benefits. We will discuss the matter with you and give you an idea on how to proceed at no cost. If you have an upcoming unemployment hearing in Malvern, Norristown, Springfield, Bristol or Philadelphia, we frequently handle them on a contingent fee basis (no recovery, no fee).
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Employment Law Firm in Chester County

If You Live In Pennsylvania and Feel You Are Being Retaliated Against Because You Complained About Unlawful Conduct, We Can Help

Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

John A. Gallagher is a Highly Experienced Employment Lawyer With Offices in Chester County, Delaware County and Montgomery County, Pennsylvania

Visit our Website today.

If  you complain to management that you believe you are being discriminated against because of your age, sex, race, national origin, disability or religion, your employer violates employment laws by retaliating against you.

Philadelphia Retaliation Lawyer Serving Coatesville, Pottstown, Norristown, East Norriton, Malvern, Paoli, Downingtown, Media, Radnor, Newtown Square and Philadelphia Areas

What is retaliation?  The most obvious signs are firing you, disciplining you unfairly, failing to promote you, demoting you...It gets a little more tricky when they engage in other common tactics such as taking away your job responsibilities, freezing you out of meetings, etc.

I am Being Retaliated Against Because I Complained About Discrimination, What Should I Do?

If you were fired or demoted, by all means call an experienced employment law attorney today.  If more subtle retaliatory tactics, then it is an excellent idea to call a lawyer with substantial labor law experience to help you map out a strategy to either protect your job, or put you in the best possible position to obtain unemployment benefits, and possible sue for compensation.

Employment Law Firm With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia Gives Free Consultations for Retaliation

Call us today if you believe you are the victim of retaliation. We will discuss the matter with you and explain your rights at no charge. If you have a case, we handle them on a contingent fee basis (no recovery, no fee).
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Non-Compete Law Firm in Philadelphia Area



Our Law Firm Concentrates on Helping Employees With Non-Competition Agreements Governed by Pennsylvania Law

Here are some answers to some of the most common questions I am asked about non-compete
agreements:

What is the Difference Between Non-Competition and Non-Solicitation?

Although commonly referred to as "non-compete agreements," these contracts typicallycontain 3 separate covenants of none: Confidentiality, Non-Confidentiality" and Non-Solicitation.  And each such covenant is treated differently under the law.

What Law is Used to Decide the Enforceability of My Non-Compete Agreement?

The majority non-compete agreement contains a "forum selection clause."  Therein will lie your answer.

Can the Company Enforce My Non-Compete Agreement if I am Fired?

Under Pennsylvania law, if you are let go for poor performance, your non-compete covenant is not enforceable.  Similarly, if you are laid off as part of a reduction in force, it will be difficult to enforce the non-compete.  However, your non-solicitation obligation will likely remain in full force and effect under these circumstances.

Are Non- Competition Agreements Enforceable in Pennsylvania?

Target New Customers, Not Old
Generally, Pennsylvania Courts do not enforce the non-competition component of such agreements if you are not interfering with your former employer's businessIf you solicit former customers, however, they will nearly always enforce the non-solicitation component of such agreements.

So, in other words, if you bare an "average" employee and merely join a company that competes with your former employer, courts will be very hesitant to force you to quit your new job.  However, if at your new job you solicit customers or clients that you serviced during your employment with your former employer, courts will generally enforce your non-compete agreement.

Nooks and Crannies = Trade Secret
NOTE:  If you posses trade secrets of your former employer, a Pennsylvania court will order you to stop working for its competitor even if you do not solicit any of its former customers

NOTE:  Arguing that your non-compete should be invalidated because it is for too long a duration or because it covers too broad of a geographic area, i.e. is "overly broad," will not work in Pennsylvania.

If a Former Customer Asks Me to Handle its Business, am I in Violation of My Non-Solicitation Agreement in Pennsylvania?

In general terms, if you are bound by a non-solicitation provision, and nevertheless take business from your former employer, the Court will stop you by enforcing the non-solicitation component of your non-compete agreement.  The key to avoiding problems with a non-compete agreement is you avoid taking any business from your former employer.

Does it Matter When I Signed the Non-Compete?

When Did You Sign?

In Pennsylvania, non-competition agreements are enforceable if they are entered into when you start employment.  If you are required to sign a non-compete agreement months or years after you start employment, it will be enforceable only if the employer gives you "additional consideration," i.e. a raise, a bonus, a promotion, opportunity to participate in a stock option plan, etc. at the time that they have you execute the non-compete agreement.

Can I Negotiate My Non-Compete Agreement?

There are a lot of work arounds and negotiating tactics you can use to minimize the impact of a non-compete agreement.  However, once you have "stepped in it," it becomes harder to extricate the former employee for a non-compete dispute.  Therefore, it is better to consult with counsel first concerning the "dos and dont's" where non-competes are concerned before taking any major steps.

John A. Gallagheris an employment lawyer who represents employees in Pennsylvania.

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave…

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues…

Click Here to e-mail John directly.

Thanks for checking in with us.
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Philadelphia National Origin Discrimination Lawyer

If You Live In Pennsylvania and Feel You Are Being Discriminated Against Because You Are From Another Country, We Can Help

John A. Gallagher is a Highly Experienced Employment Lawyer With Offices in Chester County, Delaware County and Montgomery County, Pennsylvania

Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

Visit our Website today.

National Origin Discrimination Lawyer Serving Coatesville, Pottstown, Norristown, East Norriton, Malvern, Paoli, Downingtown, Media, Radnor, Newtown Square and Philadelphia Areas

How do I prove I am being discrimination against because I am Asian, Middle Eastern, African or Hispanic, or from another country? You must first show that you were treated differently than someone else who has a similar job to yours - and that someone must be American. Such a person is called your "comparator." What type of different treatment should you look for? Denial of a promotion, being disciplined for something even though your comparator did the same thing and was not disciplined, being paid a lower wage....

I am Being Discriminated Because of My Place of Birth - What Should I Do?

You should complain to management, in writing, about what is going on. Use specific examples and make sure that you specifically state that you think you are a victim of national origin discrimination. A simple e-mail to HR will suffice. If that does not do the trick, complain to the EEOC.

Can They Retaliate Against Me Because I Complained About Race Discrimination?

Of course, people can and often do anything they want. But if you are fired because of your discrimination complaint, you would have an excellent case for national origin discrimination and retaliatory discharge. You would also get unemployment benefits.

Employment Lawyer With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia Gives Free Consultations for National Origin Discrimination

Call us today if you believe you are the victim of discrimination because of where you were born. We will discuss the matter with you and explain your rights at no charge. If you have a case, we handle them on a contingent fee basis (no recovery, no fee).
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Philadelphia Disability Lawyer

Disability Discrimination Lawyer in Philadelphia

John A. Gallagher is a Highly Experienced Employment Lawyer With Offices in Chester County, Delaware County and Montgomery County, Pennsylvania

Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

Visit our Website today.

Disability Discrimination Lawyer Serving Coatesville, Pottstown, Norristown, East Norriton, Malvern, Paoli, Downingtown, Media, Radnor, Newtown Square and Philadelphia Areas

How does one prove disability discrimination in Pennsylvania? Perhaps the best way is to show that you were treated differently than someone else who has a similar job to yours - and that someone is not disabled. Such a person is called your "comparator." What type of different treatment should you look for? Denial of a promotion, being disciplined for something even though your comparator did the same thing and was not disciplined, being paid a lower wage, not being given a flex schedule....

Another way is to prove that job duties have been taken away from you because of your disability, or because the company views you as being unable to do your job because of your disability.

I Need a Reasonable Accommodation Because of My Disability in the Philadelphia Area- What Should I Do?

If you feel that there is an easy way to make it easier or possible for you to do your job, such as a bigger computer screen, moving your desk, having a flexible schedule, you should put your request in writing to management, making sure you state that your disability requires this accommodation,  You may need a doctor's note to support your request.

I am Being Discriminated Against Because of My Disability in Pennsylvania

If that is occurring, you should complain to management, in writing, about what is going on. Use specific examples and make sure that you specifically state that you think you are a victim of disability discrimination.  A simple e-mail to HR will suffice. If that does not do the trick, complain to the EEOC.

Can They Retaliate Against Me Because I Complained About Disability Discrimination?

Of course, people can and often do anything they want. But if you are fired or demoted because of your discrimination complaint, you would have an excellent case for disability discrimination and retaliatory discharge. If you are terminated because of your disability discrimination Complaint, you would be entitled to unemployment benefits.

Philadelphia Discrimination Lawyer With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia Gives Free Consultations for Disability Discrimination

Call us today if you believe you are the victim of disability discrimination. We will discuss the matter with you and explain your rights at no charge. If you have a case, we handle them on a contingent fee basis (no recovery, no fee).
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Philadelphia Sex Discrimination Lawyer

Sex Discrimination Lawyer in Philadelphia

John A. Gallagher is a Highly Experienced Employment Lawyer With Offices in Chester County, Delaware County and Montgomery County, Pennsylvania

Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

Visit our Website today.

Sex Discrimination Lawyer Serving Coatesville, Pottstown, Norristown, East Norriton, Malvern, Paoli, Downingtown, Media, Radnor, Newtown Square and Philadelphia Areas

How does one prove sex discrimination in Pennsylvania? You must first show that you were treated differently than someone else who has a similar job to yours - and that someone must be of a different sex than you are. Such a person is called your "comparator." What type of different treatment should you look for? Denial of a promotion, being disciplined for something even though your comparator did the same thing and was not disciplined, being paid a lower wage....

I am Being Discriminated Because of My Sex in the Philadelphia Area- What Should I Do?

You should complain to management, in writing, about what is going on. Use specific examples and make sure that you specifically state that you think you are a victim of sex discrimination. A simple e-mail to HR will suffice. If that does not do the trick, complain to the EEOC.

Can They Retaliate Against Me Because I Complained About Race Discrimination?

Of course, people can and often do anything they want. But if you are fired because of your complaint, you would have an excellent case for sex discrimination and retaliatory discharge. You would also get unemployment benefits.

Philadelphia Discrimination Lawyer With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia Gives Free Consultations for Sex DiscriminationCall us today if you believe you are the victim of sex discrimination. We will discuss the matter with you and explain your rights at no charge. If you have a case, we handle them on a contingent fee basis (no recovery, no fee).
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Philadelphia Race Discrimination Lawyer

Race Discrimination Lawyer in Philadelphia

John A. Gallagher is a Highly Experienced Employment Lawyer With Offices in Chester County, Delaware County and Montgomery County, Pennsylvania

Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

Visit our Website today.

Race Discrimination Lawyer Serving Coatesville, Pottstown, Norristown, East Norriton, Malvern, Paoli, Downingtown, Media, Radnor, Newtown Square and Philadelphia Areas

How does one prove race discrimination in Pennsylvania?  You must first show that you were treated differently than someone else who has a similar job to yours - and that someone must be of a different race than you are.  Such a person is called your "comparator."  What type of different treatment should you look for?  Denial of a promotion, being disciplined for something even though your comparator did the same thing and was not disciplined, being paid a lower wage....

I am Being Discriminated Because of My Race in the Philadelphia Area- What Should I Do?
You should complain to management, in writing, about what is going on.  Use specific examples and make sure that you specifically state that you think you are a victim of race discrimination.  A simple e-mail to HR will suffice.  If that does not do the trick, complain to the EEOC.

Can They Retaliate Against Me Because I Complained About Race Discrimination?

Of course, people can and often do anything they want.  But if you are fired because of your complaint, you would have an excellent case for race discrimination and retaliatory discharge.  You would also get unemployment benefits.

Philadelphia Discrimination Lawyer With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia Gives Free Consultations for Race Discrimination


Call us today if you believe you are the victim of race discrimination.  We will discuss the matter with you and explain your rights at no charge.  If you have a case, we handle them on a contingent fee basis (no recovery, no fee).
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What Happens at an Unemployment Hearing in Pennsylvania?

Unemployment Hearing in Malvern, Springfield, Bristol, Philadelphia or Norristown?

John A. Gallagher is a Highly Experienced Employment Lawyer With Offices in Chester County, Delaware County and Montgomery County, Pennsylvania

Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no cost to you.

Visit our Website today.

Pennsylvania Unemployment Lawyer Serving Coatesville, Pottstown, Norristown, East Norriton, Malvern, Paoli, Downingtown, Media, Radnor, Newtown Square and Philadelphia Areas

You will be in a room about 15 x 20.  The Referee will sit at the head of the table.  You will sit on one side (with your lawyer and any witnesses), the employer on the other (with their lawyer and any witnesses).

First, the Referee will explain your rights.  Then he/she will introduce all of the exhibits.  Then testimony will begin. 

If the issue is whether you were fired for willful misconduct, the burden is on the employer, and it will have to prove its case first.  If the case is about your quitting, the burden will be in you to prove that you had a necessitous and compelling reason to quit, so you will go first.

Malvern PA Unemployment Lawyer

Any documents that contain statements from people that are not in the room should be objected to as hearsay.  Any testimony about what someone who is not in the room said, did or heard should be objected to as hearsay.  You will have a right to cross-examine the employer. If you do not have a lawyer, you will be expected to give the testimony you need to, and to cross-examine the company's representative.

Norristown, PA Unemployment Hearing

One thing you may want to consider before the testimony actually starts is seeking sequestration of witnesses.  What is sequestration?  The process of removing witnesses from the room who have not yet testified, so that they will not be able to "parrot" the testimony of other witnesses.  So, if your employer has 3 witnesses, you want to remove any that are not testifying until it is actually their turn to testify.  Simply ask the Referee to sequester the witnesses.  If they ask you why, say "to insure the integrity of the proceeding."  Referee's almost always grant sequestration.  If they refuse, it could be a basis for a new Hearing on appeal.
 
Springfield PA Unemployment Attorney
 
The Hearing will be recorded, and you will have a right to appeal if you lose.  However, winning the appeal is hard (you do not get a new Hearing, it is based entirely upon the transcript of the hearing).  Given the importance of unemployment benefits, and the fact that most companies have a lot more experience with unemployment hearings than you do, it is a good idea to hire an experienced unemployment lawyer for Unemployment Hearings in Pennsylvania.

One other thing to bear in mind - Poor Performance is not a basis for denial of unemployment benefits.  Employers know this, and will often cultivate reasons for why the employee was terminated in an effort to convince the Referee that the true reason for the firing was some act of willful misconduct, as opposed to poor performance.  In such "pretext" cases, the skills of an experienced attorney could be worth their weight in....a year of unemployment benefits.

Philadelphia Area Employment Lawyer With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia

Call today if you need guidance on Unemployment Hearings.  To see our list of FAQs on Pennsylvania Unemployment procedures and rules, Click Here.
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Pregnancy Discrimination Lawyer in Philadelphia Area

Is it Legal to Fire me Because I am Pregnant?

In Pennsylvania, it is illegal to fire you because you are pregnant.

Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward.

Visit our Website today.

Pregnancy Discrimination Lawyer Serving Coatesville, Pottstown, Norristown, East Norriton, Malvern, Paoli, Downingtown, Media, Radnor, Newtown Square and Philadelphia Areas

It is wrong and illegal to fire you, demote you, discipline you, fail to promote you or fail to pay you the same as men or women who are not in their child-bearing years simply because you are pregnant.  It is also illegal for a company not to hire you because you are pregnant.

Pennsylvania law and Federal law make such discrimination highly unlawful, and companies that do this can be hit for lost wages, punitive dames and your attorney fees.

Employment Lawyer With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia Gives Free Consultations for Pregnancy Discrimination
 
If you believe this is happening to you, please contact us today for a free telephone consultation.  We can help you get Pennsylvania unemployment benefits if you are forced to quit or fired because you are pregnant.  The, if the claim has merit, we will sue on your behalf for full compensation.
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Pennsylvania Unemployment Appeal Lawyer - Some General Rules in Pennsylvania

Unemployment Lawyer in Malvern, Paoli, Exton, Downingtown

Call 610-647-5027, e-mail me direct or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward.

Visit our Website today.

Ordinarily, Pennsylvania unemployment benefits will immediately be provided to you if, in your initial application to unemployment, you indicate that you were "laid off." However, you should only indicate you were laid off if you were told your job was being eliminated or that you were being let go due to financial reasons.

Unemployment Appeal Lawyer Serving Coatesville, Pottstown, Norristown, East Norriton, Malvern, Paoli, Downingtown, Media, Radnor, Newtown Square and Philadelphia Areas

Should I Quit or be Fired

In Pennsylvania, if you quit your job without a real good reason, it is usually real hard to get unemployment benefits. However, if you quit because you are told that you would be fired otherwise, you may get benefits if the reason you were going to be fired is something other than willful misconduct. Please click on this link for a discussion on what constitutes Willful Misconduct in Pennsylvania.  In other words, quitting because you are about to be fired is, for unemployment purposes, the same is being fired.

What Do I say on my Pennsylvania Unemployment Application if I Chose to Quit Instead of Being Fired?

If that is the case, the on-line form is not much help. Better to call the claim in to unemployment and explain just what happened. Unemployment will want to know why it was that you were going to be fired (i.e. a layoff, work rule violation, ect.) Just tell them the truth, and they will usually analyze it as a willful misconduct case.

Unemployment Appeal Lawyer With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia Gives Free Consultations for Pennsylvania Unemployment Claims

If you received a Notice of Determination denying you unemployment compensation, you should immediately appeal the denial (you have only 15 days to do so). When you file such an appeal, you need not say much. In fact, we often tell our clients to simply state that "I disagree with the determination." At that point, an unemployment hearing for someone employed in the Phialdelphia area will be held before a Referee in Norristown, Malvern, Springfield Philadelphia or Bristol. At that hearing, the Referee will decide whether the employee has engaged in willful misconduct or, where a voluntary quit is involved, whether the quit was justified.
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Pennsylvania Contract Lawyer

Philadelphia Contract Attorney

Call 610-647-5027, e-mail me direct or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward.

Visit our Website today.

Breach of Contract Lawyer Serving Coatesville, Pottstown, Norristown, East Norriton, Malvern, Paoli, Downingtown, Media, Radnor, Newtown Square and Philadelphia Areas

In Pennsylvania, there are oral and written contracts. Both are equally enforceable. Sometimes, written contracts are easier to prove. That does not mean oral contracts are not enforceable. It is a question of evidence.

What is a Contract Under Pennsylvania Law?

The elements of a contract are simple. Each side must agree to do or not do something in exchange for payment, goods or services. That means that mere promises, such as "I will pay you $10,000 tomorrow," are not contracts. They are simply promises, unsupported by consideration, that are uneforceable.

What is Consideration for a Contract?

In Pennsylvania, consideration takes many forms. Agreeing to do something (i.e. accepting a job offer) in exchange for payment. Agreeing not to do something (i.e. agreeing not to leave a company) in exchange for a promised payment (such as a raise or bonus).

Course of Dealing

Under Pennsylvania, a course of dealing can prove the existence of a contract. So, if you received a bonus of $10,000 for 3 years in exchange for your performance of certain tasks, that establishes a course of dealing so that the compoany cannot back out of its obligation in the 4th year if you performed the tasks in question.

Call the Gallagher Law Group today if you would live in the Philadelphia area and would like a free telephone consulation to discuss your breach of contract claim.  We have have offices in Paoli, Exton, Radnor, King of Prussia, Plymouth Meeting and Philadelphia
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Pennsylvania Wage Attorney on Unpaid Bonuses

Philadelphia Bonus Lawyer

Call 610-647-5027, e-mail me today or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward.

Visit our Website today.

Unpaid Wage Lawyer Lawyer Serving Coatesville, Pottstown, Norristown, East Norriton, Malvern, Paoli, Downingtown, Media, Radnor, Newtown Square and Philadelphia Areas

I am Owed a Bonus in Pennsylvania. What Can I do?

Pennsylvania's Wage Payment and Collection Law makes it unlawful for a company to withhold bonuses that have been earned by an employee. If you can establish a contractual right to the bonus, the WPCL provides you can 1) sue the company and any individuals who are responsible for the decision not to pay you a bonus; 2) recover up to 24% of the bonus as an additional penalty; and, 3) collect all of your attorney fees.

Should I Sue for My Bonus?

In Pennsylvania, you can sue if you are still employed. Or, you can complain to management. Unfortunately, you do not have any protection if you are fired for taking such actions (although you would get unemployment if you were fired for this reason). If you are no longer employed, an attorney can write a letter for you and then sue if the claim is good, the bonus remains unpaid, and that is what you want to do.

Unpaid Wage Lawyer With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia Gives Free Consultations for Pennsylvania Wage Claims
At the Gallagher Law Group, we have helped many people who are owed bonus monies, whether still employed or not. If you think you need a Philadelphia Employment lawyer to help you, call us today for a free telephone consultation.
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Can I Negotiate My Severance Agreement in Pennsylvania?

Pennsylvania Severance Attorney With Offices in Paoli, Plymouth Meeting, Exton, Radnor

Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward.

Visit our Website today.

Severance Lawyer Serving Coatesville, Downingtown, Pottstown, Norristown, East Norriton, Malvern, Paoli, Downingtown, Media, Radnor, Newtown Square and Philadelphia Areas

How Can I Get More Severance?

In Pennsylvania, an employer must pay severance only if it previously agreed to do so via a written or verbal contract. Otherwise, an employer's offer to pay severance is voluntary.

We Are Lawyers Who Negotiate Severance in Philadelphia Area

Why would an employer voluntarily offer severance payments? Either as a matter of good will, or because they want a Release from you so you cannot sue.

Should I Sign a Release to Get Severance?

Maybe, maybe not. If you have a great claim for bonuses or wages that are due, or for age, race, sex or disability discrimination, then signing that Release may be a bad idea!

We Are Pennsylvania Attorneys Who Sue for Discrimination and Retaliation

We know the difference between a good case, and a bad case. We know how to communicate the whys and wherefores to you in plain English. Then, we decide with you how to go about negotiating severance. We use our terms, not theirs!

Severance Attorney Lawyer With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia

If you need a lawyer in the Philadelphia area to explain your rights and negotiate a severance package for you, call the Gallagher Law Group at 610-647-5027.
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I Have a Non-Compete in Pennsylvania and Need an Attorney



Philadelphia Area Employment Attorney Specializing in Non-Compete Agreements With Offices in Paoli, King of Prussia, Plymouth Meeting, Exton and Radnor

Non-Compete Agreements in Pennsylvania usually contain 3 parts: Confidentiality, Non-Solicitation and Non-Competition. Typically, an employee signs one when he/she starts employment. 

In order to determine what law applies to the enforcement of your non-compete agreement, you need to look for the forum selection clause that is usually found within the agreement

Is My Pennsylvania Non-Compete Enforceable?

Under Pennsylvania law, they may not be enforceable if they are signed well after (i.e. months or years) you have started employment.

They may not be enforceable if you are laid off for poor performance or due to business necessity.

May I Solicit Ex-Clients or Ex-Customers if I Have a Non-Compete in Pa?

This is usually the biggest problem sales persons face. Working for a competitor is usually not the problem with non-competes. Taking business away from your former employer is!  If you do that, you will likely be stopped immediately.

Pennsylvania Non-Compete Lawyer With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia

John A. Gallagheris an employment lawyer who represents employees in Pennsylvania.

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave…

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues…

Click Here to e-mail John directly.

Thanks for checking in with us.
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Paoli Lawyer Answers: How Do I File for Unemployment In Pennsylvania

Malvern Unemployment Hearings

Norristown Unemployment Hearings

Springfield Unemployment Hearings

Bristol Unemployment Hearings

Philadelphia Unemployment Hearings


Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward.

Visit our Website today.

Filing for Unemployment in PA if You Were Fired

The best way to file is on line. Regardless of what you believe to be the real reason for your termination, tell unemployment what you were told at the time you were fired. Do not check the "Laid Off" box if in fact you were terminated. Only check the "Laid Off" box if the employer told you that you were being downsized, are part of a reduction in force or that your position was eliminated.

Unemployment Appeal Lawyer Serving Coatesville, Pottstown, Norristown, East Norriton, Malvern, Paoli, Downingtown, Media, Radnor, Newtown Square and Philadelphia Areas

Filing for Unemployment in Pennsylvania if You Quit

If you quit, you should explain briefly why you quit. Later on, you will have a chance to more fully explain your position. To win benefits when you quit, you must show that you had a "necessitous and compelling reason" to quit and that you tried to work things out with the employer to no avail. The easist quit cases to win are reduction in hours, reduction in pay, demotion or change in shift. Quitting because the boss is a jerk makes it tough to win unemployment, no matter how big of a jerk the boss is.

Unemployment Appeal Lawyer With Offices in Paoli, Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia Gives Free Consultations for Pennsylvania Unemployment Claims

If you feel that you need legal guidance on your unemployment appeal in Pennsylvania, call us today at 610-647-5027.

To file online, go to the Department of Labor Website by clicking this Link.
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Philadelphia Labor Attorney

We are employment attorneys serving individuals in Chester County, Delaware County, Montgomery County, Bucks County and Philadelphia.

We are Pennsylvania employment lawyers helping communities such as Malvern, Paoli, Exton, Downingtown, Norristown, Oaks, Pottstown, Blue Bell, Media, Broomall, Newtown Square, Springfield, Radnor, Villanova, Wayne, Perkasie, Doylestown, Chalfont and Philadelphia.

Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward.

Visit our Website today.

Here are examples of some of the people we have helped:

Lancaster Discrimination Lawyer

A man from Lancaster was referred to our office by the EEOC with a claim for Age Discrimination and Race Discrimination against an international company with a history of race-based discrimination. We filed suit in Philadelphia Federal Court. The defendant contended that our client, who had 30 years of experience in his field, was not competent enough to make it through the Company's 90 day probation period (after which time he would have become part of the Union and protected from baseless termination). During this same time period, a number of younger, Caucasian employees with less experience were able to make it through probation. During discovery, we established that the Company had inconsistent employee evaluation practices, and also obtained testimony from a number of employees who spoke favorably about our client. After 5 days of trial, during which we were able to prove the Company's historic tolerance of race-based discrimination and hostility, the defendant offered a settlement that was 8 times larger than what it had offered prior to trial and which our client was pleased to accept.

Villanova Unemployment Attorney

A man from Villanova came to us after he had lost a hearing for Unemployment Compensation. He had evidence that the employer had lied at the hearing. We appealed to the Unemployment Compensation Board of Review, and were able to convince the Board that a new hearing should be permitted so that proof of the employer's lie could be placed into evidence. At the new Hearing, the employer failed to show, the new evidence was placed into the record, and the initial decision by the Referee was reversed, so that our client was entitled to retroactive unemployment benefits.

Montgomery County Wage Lawyer


Five women from Montgomery County who worked for a large financial institution came to us and advised that their employer had reneged on a promise to pay to them bonuses if they did not resign their positions for a specified period of time. Under Pennsylvania's Wage Payment and Collection law, and employer is responsible for making such payments, and can be liable for the employees attorney fees if they are forced to go to trial to enforce their rights. We wrote a demand letter to the employer, setting forth the promise and the nature of our claims. Within weeks, all five of our clients were paid in full, and the attorney fees they had incurring in retaining our services were paid by the employer.

Downingtown Disability Lawyer

A man from Downingtown was referred to us by his doctor because he had been denied Long-Term Disability benefits. He had a neuropsychological condition that defied precise diagnosis, and therefore the insurer had denied his claim. While meeting with him, we noticed that when he was under stress, his hands started to shake. We immediately began to film him, asking him questions that caused him to feel stress, to the point where he could not hold a Styrofoam coffee cup due to the uncontrollable shaking of his hands. We then sent this film to the insurer, along with our demand for benefits that discussed his extensive medical records. Within weeks, the insurer granted him Long-Term disability benefits, sending to him a substantial check for retroactive benefits. Our client was so pleased, he came unannounced to our office the following day to settle up on his contingent fee agreement.

Philadelphia Overtime Attorney

Five people from Montgomery County came to us under the belief that they had been fired from an academic institution because they had sought overtime payments under the Fair Labor Standards Act. A substantial amount of time had passed between the date of the overtime demands and their termination, making it a difficult case. However, they had received only meager Severance offers given the length of their employment. They agreed to forego the severance offers, and we wrote a demand letter on their behalf laying out the nature of their claims. The university responded that our clients were terminated for poor performance, and initially offered little to resolve the claim. Within weeks, however, we were able to secure settlement substantially greater than the severance that had initially been offered, along with a significant payment towards our clients' attorney fees.


East Norriton Overtime Lawyer

A woman from East Norriton contacted us and said she believed that she had been fired because she had complained about not receiving overtime. She had been employed by one of the largest mortgage companies in the World. We sought pre-litigation settlement, but the employer offered nothing. We filed suit in Federal Court, alleging that she had been the victim of retaliation for asserting her rights to overtime under the Fair Labor Standards Act. Not surprisingly, the defendant was represented by one of the largest firms in America, located in Philadelphia which immediately put two lawyers on the case. The defendant contended that the client was fired as part of a reduction in force and that she was less capable then other employees who were retained. Following discovery, a miniscule offer was made. We rejected it and the defendant filed a motion in Court trying to get the case thrown out. We filed a response, citing all of the evidence we had learned during discovery. After receiving our response, the defendant called, and within one week had offered a settlement that was six times as large as any offer it had made before.

Exton Non-Compete Lawyer

A man from Exton advised that he was being sued for violating a Non Compete Agreement with his former employer. The man had been fired when he refused to sign a new Non Compete that the company mandated that he sign. After his employment ended, he went to work for a direct competitor of the employer, and was able to take more than $100,000 in business with him within three months. The employer, one of the largest distributors of corporate forms in America, hired one of the oldest and best regarded firms in Chester County to represent its interest, immediately placing two senior partners on the file. We contended that the Non Compete was unenforceable because the client had been terminated because he refused to sign the Non Compete. We argued further that the Non Compete only applied if he was fired for good cause. The employer refused to back off, probably emboldened by the success it had had throughout the Country enforcing similar Non Competes under similar circumstances. It argued that the employee’s decision not to sign the new Non Compete was tantamount to him quitting his job. It further argued that, even if the Non Compete was unenforceable, our client had misappropriated confidential business information which he had used to take away clients of the employer after his employment ended. Following expedited discovery, we proceeded to a Hearing in the Chester County Court of Common Pleas. Within one week of the conclusion of the 6 hour Hearing, the Court ruled in our client’s favor. He remains gainfully employed with his new employer, and continues to service the clients that he had brought with him upon his departure from the former employer.

Malvern Unemployment Lawyer

A man from Malvern came to us and stated that he had been fired because he had missed too much time from work. He had filed for Unemployment Compensation benefits, which had been denied. We reviewed the circumstance, and determined that his absence resulted from a serious health condition, and was therefore protected under the Family and Medical Leave Act. He was unaware of his rights under the Act, and there was an issue as to whether he had given appropriate notice of his need for leave to his employer. When I showed up with my client at the Unemployment Hearing, the employer was surprised – and unrepresented by counsel. I was able to obtain excellent testimony on the record from the unprepared employer. We won the Unemployment Hearing. Then, with the transcribed record of the proceedings in hand, we demanded that the employer compensate our client for violating his FMLA rights. Seeing that the record created at the Unemployment Hearing was clearly in our favor, the employer immediately paid a handsome settlement, and we never had to even file suit.

Pottstown Sexual Harrassment Lawyer
Three women from Pottstown who worked for a very large hotel chain came to us with allegations that they had been the victim of Sexual Harassment by a manager at the hotel. All three of three of the women had been fired for what appeared to be legitimate reasons. We engaged in an extensive analysis as to exactly what exactly the manager had done to each of the women, and determined that a definite pattern of harassment existed. We also concluded that the manager’s conduct, which was observed by but not disciplined by his superior, created a Hostile Work Environment intolerant to the rights of women. We therefore concluded that each of the women had a Title VII claim for hostile work environment, and that each of the terminations was a sham. We also concluded that one of the victims had a claim for quid pro quo sexual harassment (i.e. she had been required to exchange sexual favors for job security). We prepared a very detailed Complaint, which we filed with the Pennsylvania Human Relations Commission and the Equal Employment Opportunity Commission. At the fact-finding conference before PHRC, we reached settlements in all three cases that totaled in the six-figures. Our clients were spared the anguish of having to relive their gut-wrenching experiences in Court, and received what they viewed as fair compensation for the wrongs that had visited upon them.
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