Chester County Personal Injury Lawyer Discusses Impact of Injuries on Your Job

Personal Injury Lawyer With Offices Through Chester County, Delaware County and Montgomery County Pennsylvania

At the Gallagher Law Group, we represent only individuals who require contingent fee representation. 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 an Experienced Personal Injury Attorney to help you, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991, and handles unemployment hearings on a regular basis. You may also visit our Website for more information about our Firm.

Our primary focus is on helping people with work-related problems.  Consequently, we routinely handle personal injury claims.  Where your employment is concerned, these claims fall into one of two categories: 1) you are injured at work; 2) your are injured outside of work in a car accident, slip or trip and fall, or as a result of some other form of negligence.  These injuries may affect your work indifferent ways.

Personal Injury Law Firm Helping People in Communities Such as Paoli, Malvern, Exton, Downingtown, Pottstown, Phoenixcville, Collegeville, Norristown, Lansdale, Broomall, Springfield, Radnor and Newtown Square

If you suffer a work injury in Pennsylvania, you may file for workers compensation benefits.  Under Pennsylvania law, it is unlawful to terminate you for seeking workers compensation benefits.  Workers comp is paid for by an insurance company.  You are entitled to be paid for yopur lost wages, present medical bills and future medical bills.  If you file for workers compensation benefits, you will want to examine your rights under the Family and Medical Leave Act.  Even if you are hurt at work, you may still have a right to bring a third-party personal injury claim if your injury was caused by the negligence of someone other than your employer.

Experienced Personal Injury Attorney in Chester County With Offices in Paoli (Main), Exton, King of Prussia, Plymouth Meeting, Radnor and Philadelphia

If you are hurt outside of work (that is, outside the course and scope of your employment), then you woulfd file a personal injury lawsuit against the party  that negligently caused your injury.  In such cases, you can recover your lost wages, out of pocket expenses for medical treatment, damages for pain and suffering and compensation for emotional distress.  You may also want to consider FMLA Leave and a claim for Short-Term and Long-Term Disability benefits.

If you suffer a personal injury, you should strongly consider seeking counsekl at once.  In my experience, employers see injured workers as expendable liabilities.  Further, the insurance companies that provide workers compensation and siability insurance, and who defend negligent parties, most often have one goal in mind:  pay you as little as possible.  They know how to "set you up" to achieve their ends.  Only an experienced attorney knows how to battle them to achive maximum recovery. 

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WorkFlow One Files Bankruptcy - and You Want Out of Your Non-Compete Agreement

WorkFlow One has filed bankruptcy in Virginia.  Many employees, and particularly salespeople, are concerned about the future of the Company.  We have substantial experience in dealing with Non-Compete issues with WorkFlow One.  The attached Opinion, for example, is a case we won in the Chester County Court of Common Pleas.  In that case, we won our client's right to work for a competitor of WorkFlow One, and to service clients that he had represented for many years.

If you have a non-compete agreement with Standard Forms, Reynolds and Reynolds or WorkFlow One, and are interested in pursuing your options in view of the recent bankruptcy, John A. Gallagher may be able to help you.

If you would like to discuss your situation, e-mail me today of call us at 610-647-5027.

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Philadelphia Area Lawyer on Pennsylvania Non-Compete Agreements

Philadelphia Area Non-Compete Lawyer With Offices in Paoli (Main), King of Prussia, Exton, Radnor, Plymouth Meeting and Center City

Here are several basic propositions to keep in mind.

WHAT STATE LAW GOVERNS MY NON-COMPETE AGREEMENT?

Nearly every non-compete agreement contains a "choice of law" provision.  This provision will set forth the state law under which the agreement is to be decided. These provisions are almost universally enforced by all courts.  The choice of law provision is important, because different states have different rules for how a non-compete may be enforced.  The language to look for is something like this:  "The parties agree that this Agreement will be enforced in accordance with the laws of [state]."  If the state that is referenced is Pennsylvania, then this Blog is for you.  If it is another state, then this Blog be of little help to you.

NON-COMPETE AGREEMENTS SIGNED AT THE OUTSET OF YOUR EMPLOYMENT ARE ENFORCEABLE IN PENNSYLVANIA

First, if your non-compete is signed by you at the commencement of your employment, it will be enforceable in Pennsylvania under many circumstances. 

EXCESSIVE GEOGRAPHIC REACH OR DURATION OF TIME ARE NOT GOOD DEFENSES TO A NON-COMPETE AGREEMENT IN PENNSYLVANIA

Forget getting out of the non-compete because it is for too long a period of time, or because it contains too broad a geographic restriction. Those are arcane defenses that do not work in the modern world.  Further, if a Pennsylvania court believes the non-compete is overly broad, it simply "blue pencils" the agreement by reducing the time period or geographic scope but otherwise upholding the agreement.

I SIGNED THE NON-COMPETE AGREEMENT UNDER DURESS IN PENNSYLVANIA, IS IT ENFORCEABLE?

Also, forget the argument that you signed the agreement "under duress."  In 20 years, I have never seen or heard of a successful duress argument in the non-compete area.

IS A NON-COMPETE AGREEMENT THAT I SIGNED AFTER I STARTED WORKING ENFORCEABLE IN PENNSYLVANIA? 

If your employer has you sign a non-compete agreement after your employment has already started (say more than a month after your employment has started), it is enforceable only if you were given additional consideration (bonus, pay raise, promotion, stock options, etc.) in exchange for your signing the agreement.

I WAS FIRED FROM MY JOB - CAN MY FORMER EMPLOYER ENFORCE MY PENNSYLVANIA NON-COMPETE AGREEMENT?

Third, if you are fired for poor performance, or as part of a reduction in force, the non-compete is generally not enforceable under Pennsylvania law.  HOWEVER, just because you are fired does not automatically mean your non-compete is unenforceable.  If you are fired because the employer truly believes you did something wrong (breach your duty of loyalty by starting a new business, coming in late time after time, being insubordinate, repeatedly violating a work rule, etc.), the non-compete remains viable and enforceable.

NOTE:  If you believe your employer is purposefully and intentionally making up a reason to fire you so that it can in the future enforce your non-compete (employers have lawyers, too!), the best way to flush that out is to have an attorney represent you at an Unemployment Hearing.  You can then use the record created at the Unemployment Hearing to prove the "real" reason for your termination in any subsequent non-compete dispute.

Additional questions about non-compete Agreements in Pennsylvania?  Click Here.

John A. Gallagher is an Experienced Non-Compete Attorney Who Has Litigated Non-Compete Lawsuits in Chester County, Delaware County, Montgomery County and Philadelphia County

Understanding your chances of winning a non-compete lawsuit and cost containment are two of the largest obstacles facing an employee who is facing or involved in a non-compete lawsuit.  If you are concerned about a non-compete agreement, you may want to discuss the matter with legal counsel before taking steps that may unnecessarily instigate your former employer, or undermine your case later.

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 Area Employment Lawyer Discusses Employment Law Principles on YouTube

Labor Law Firm With Offices Through Chester County, Delaware County and Montgomery County Pennsylvania

At the Gallagher Law Group, we represent only employees 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 an Experienced Employment Attorney to help you, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991, and handles unemployment hearings on a regular basis. You may also visit our Website for more information about our Firm.

Over the past months, we have downloaded some videos addressing a number of commonly asked questions and principles.  The goal is to help you avoid common problems, and to provide guidance on how to best protect your rights under various employment laws. 

Just click on the links below to check them out:

Six Reasons to Have an Attorney at Your Pennsylvania Unemployment Hearing

Public Employment Records - They Don't Exist

Don't Quit That Job!

Am I Disqualified From Unemployment Because I Work Part-Time or as a Consultant?

I am on a Salary, Can I Get Overtime?

How To Negotiate Severance

What is a Wrongful Discharge in Pennsylvania?

How Long Do I Have to File a Discrimination Complaint in Pennsylvania?

What Does Employment At Will Mean in Pennsylvania?

What is a Reasonable Accommodation in Pennsylvania?

Unlawful Employment Retaliation in Pennsylvania

Sexual Harassment in Pennsylvania

Unemployment Benefits in Pennsylvania - 7 Things You Need to Know

The Family and Medical Leave Act - What You Need to Know

Can I Appeal a Referee's Decision Denying My Claim for Unemployment in Pennsylvania?

How To Complain About a Hostile Work Environment

What Is a Hostile Work Environment?

Can I Quit My Job and Get Unemployment?

In Pennsylvania, What is Willful Misconduct?

Hearsay at Pennsylvania Unemployment Hearings - What You Need to Know

Our Main Office is on Lancaster Avenue in Paoli, PA.  We have other locations in Plymouth Meeting, King of Prussia, Radnor, Exton, Bala Cynwyd and Center City.  We hope you found the Videos helpful, which is our goal.  Why they do not constittute legal advice (every situation is unique), we hope they provide some general guideposts.  Since our primary goal is to help inform the public, and keep every American working, please e-mail me if you have a topic that you would like me to discuss.  We will post more videos in the coming months.

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Why Hire An Attorney for My Pennsylvania Unemployment Hearing?

Employment Attorney Handling Unemployment Hearings Every Week in Malvern, Norristown, Springfield, Reading and Philadelphia

6 Good Reasons to Have an Unemployment Lawyer at Your Pennsylvania Unemployment Hearing

[You may also see my discussion on the things I discuss below on my Video.]

1.  Your ex-employer has been to many hearings and knows how they work; you don't.  They know how to introduce evidence that appears insurmountable, but is in fact unsubstantiated, paper-thin and not able to withstand thorough cross-examination;

2.  You don't know the rules of evidence.  Unemployment hearings often come down to what information the parties can get into evidence.  Since many employers' cases are dependent upon what a person who is not at the hearing allegedly said, heard or wrote, if you can keep that evidence out, you can win the case.  However, keeping this out often involves the rules of Hearsay, which can be rather complicated to the average Joe or Jane;

3.  Unemployment compensation hearings are short and to the point.  You must have a defined strategy, and must eliminate irrelevant facts and arguments.  In telling your "whole story," you will likely step on many land mines that will undermine and perhaps lose your claim.  Emotion is not your friend. Proof of how unfairly you were treated over the years is irrelevant and counterproductive. You need a defined strategy that focuses solely on responding to your employer's proffered reasons for terminating you, or explaining why you had to quit, in order to win an unemployment hearing;

4.  If you do not know the law that controls your situation, you are just shooting in the dark.  Unemployment hearings are not about fairness; they are about whether the law permits you to receive benefits.  Referees tend to be conservative; they will not rule in your favor no matter how "sorry" they feel for you unless the law is in your favor based upon the facts presented at the hearing;

5.  Pennsylvania unemployment hearings are recorded and a transcript from the hearing can be obtained.  Thus, if you think you have been treated illegally (violation of statutes such as Title VII, FMLA, ADA, FLSA or a Pennsylvania wrongful termination claim), you want to "kill two birds with one stone" by using the unemployment hearing process to develop helpful facts before the employer has been "prepared" by the attorney they will hire to defend your subsequent lawsuit.  In a lawsuit, the employer is prepared by counsel to "testify truthfully" (or "artfully," as I have observed! )about why your employment ended - shockingly, this testimony is often to your great disfavor! However, most employers do not bring their lawyers to unemployment hearings (believing they will simply trample you underfoot in the usual way), and are therefore thoroughly unprepared for cross-examination by an employment law litigator. Unemployment hearings can therefore be a real gold mine, a treasure trove of unvarnished testimony, for employment litigators!

6.  You only get one bite at the apple.  Whatever evidence is submitted at the hearing, whatever testimony is offered, will be the only evidence and testimony considered on appeal from the hearing.  An appeal from an unemployment referee's decision is a "paper appeal,"  wherein the Board of Review considers only the evidence (and all of the evidence no matter how inadmissible), introduced at the referee hearing.  Thus, the record created at the hearing is binding, and thus crucial.

7. The Referees decide the case.  Here are some of the Pennsylvania Unemployment Referees in this area:  Referee Green in Malvern; Referee Bunch in Springfield; Referee Gallagher in Norristown; Referee Gunden in Reading; Referee Horowitz in Norristown; Referee Harden in Springfield; Referee Dietrich in Norristown; Referee Rose in Norristown; Referee Deffley in Reading; Referee Ulichney in Malvern; Referee Rothaug in Bristol; Referee Newman in Norristown.  These Referees are all fair-minded (or at least believe themselves to be!), but they all have different approaches.  Some like to ask leading questions of you if you do not have an attorney present; most will let in any evidence the employer presents if you do not object, no matter how irrelevant or inadmissible under the law (most of the Referees will not exclude hearsay unless you object).  Knowing the referees' tendencies can be crucial to winning a case.

Click Here to read our ratings of Philadelphia Area Unemployment Referees.

At the Gallagher Law Group, we represent only employees 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 unemployment claim, and discuss potential options going forward at no cost to you.

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Non-Compete Agreements - A Few Things to Keep in Mind

Philadelphia Area Employment Lawyer Experienced in Fighting Non-Competition Agreements With Offices in Paoli, Exton, Radnor, King of Prussia, Plymouth Meeting and Center City

At the Gallagher Law Group, we represent only employees 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 an Experienced Non-Compete Attorney to help you, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991. You may also visit our Website for more information about our Firm..

What Should I Look or in my Non-Competition Agreement?

A few simple starting points. (we will be discussing additional principles in the future; for past blogs on non-competition agreements, just use the Search bar to the right). 

First, you need to know what state's law will govern its enforceability.  This is usually found near the end of the agreement; often times, it will be the law of the home office of the company.  Every state has different laws regarding non-compete agreements, so this is a critical starting point.

Second, you need to know where any litigation arising out of the non-compete will be held.  This is usually located in the same paragraph as the "choice of law" provision discussed above.  Often, the forum for any litigation will be in the county in which the home office of the employer is located.

Since most non-compete agreements require you to consent both to the law governing the agreement and the location where any dispute will be fought, these are important starting points to understanding the strengths and weaknesses of your position.  Being sued in Chicago, and having your dispute governed by Illinois law, is a lot different to being sued in Montgomery County under Pennsylvania law!  

Third, you want to know if the prevailing party in any case will be awarded their legal fees.  Somewhere in the agreement, this is usually discussed.  There are three possibilities: 1) if there is no language about attorney fees, then each party pays its own fees, win or lose; 2) if the language says that you pay the attorney fees of the company if it prevails in any litigation against you, that will be the way it goes - you pay your own fees no matter what, and pay your ex-employer's fees if they win the case; or, 3) if the language says that the "prevailing party" in any litigation pays the other side's legal fees then, if you win, the other side must pay for your fees, and vice versa.  The latter scenario is the one that provides the greatest potential disincentive to an employer that is thinking of suing you in a "close case."

Labor Lawyer Specializing in Non-Compete Contracts Serving Employees in Locations Such as Paoli, Malvern, West Chester, Downingtown, Phoenixville, Norristown, Lansdale, Collegeville, Pottstown, Media, Newtown Square, Radnor, Villanova, Wayne and Surrounding Areas

We regularly counsel employees on complicated and important employment-related issues. Few things are more important than our job. If you have questions about your job, call us today and we will spend some time speaking with you about it at no cost to you. If we believe we can be helpful, we will discuss options for proceeding further on your behalf.

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Is There Such a Thing as a Public Employment Record?

Philadelphia Area Law Firm Specializing in Employment Law With Offices in Paoli, Exton, Radnor, King of Prussia, Plymouth Meeting and Center City

What Can Potential Employers Learn About My Past Jobs?

Not much.  If they want to find out about your criminal background or your credit, they can have you sign a document that authorizes them to check those records.  If someone wants to buy your car, they can run a Carfax report.  But, there are no such public records available for your employment history. Why?  I am not sure, but I can tell you that there is nothing publicly available about your employment history except what is usually spotty information on credit reports. However, even credit reports only state your employment history; they say nothing about why you are no longer employed with any given company.  So, the best "public" information concerning your employment history, the best "record" of your employment history, is what you put on networking sites such as Facebook or Linked In about yourself....

What Will My Old Employer Say About Me to a Potential Employer? 

Most states, including Pennsylvania, have laws that say that it is unlawful to make a misstatement of fact about why someones employment ended.  They can be sued if they make a misstatement and it costs you a new job. I have always surmised that this is why there is not a "public database" relating to employment history.  In any event, it is due to liability concerns that your former employer will likely provider only the following information when an inquiry about you is made: 1) your dates of employment; 2) your position when your employment ended; 3) how much you were making when your employment ended; and, 4) in some cases, whether you "are eligible for rehire."

This last question is virtually meaningless to a prospective employer.  Many people who are laid off or who resign are not eligible for rehire.

Labor Lawyer Serving Employees in Locations Such as Ambler, Ardmore, Flourtown, Ft. Washington, Harleysville, Berwyn, Coatesville, Downingtown, Wayne, Radnor, Rosemont, Bryn Mawr and Surrounding Areas

We regularly counsel employees on complicated and important employment-related issues.  Few things are more important than our job.  If you have questions about your job, call us today and we will spend some time speaking with you about it at no cost to you.  If we believe we can be helpful, we will discuss options for proceeding further with you or on your behalf. 

Want to learn more?  Call us at 610-647-5027, e-mail me directly or check out our Website.  Thanks for checking in!

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Don't Quit That Job Pennsylvania Employees

Unemployment Hearing Lawyer Representing Only Employees in Chester County, Montgomery County, Delaware County and Philadelphia

Should I Quit My Job in Pennsylvania?

One prominent management-side employment lawyer is fond of saying, with a great deal of zest I might add, "a quit is always better than a fire!"  His credo is the almost universal credo of all management.  Why does management feel that way?  Let's explore, and expose for you certain management philosophies and strategies in the process!

Chances are, if you are being asked to quit your job, your employer is thinking about trying to deny you unemployment benefits!  And, if they are asking you to quit, that usually (but not always) means that you haven't done anything bad to justify your termination.  That is, the employer does not really believe you engaged in "willful misconduct." 

If a desire to deny you unemployment benefits is not the primary issue for the employer (it's always part of the issue, trust me!), then it may be concerned that its treatment of you could give rise to some sort of employment-related lawsuit.  That message is usually delivered something like this:  "Well, we'll pay you some severance, and we won't contest your claim for unemployment if you sign this release."  Then, you quit and, when you file suit, they say, " Your loss of wages came about not because you were [discriminated against, harassed, retaliated against, etc.], but because you quit your job.  If you had only given us a chance to fix the problem, we would have, and you'd still be happily employed today.  But you didn't, and we're not paying you anything because you are responsible for your loss of the job."  Or words to that effect!

Of course, sometimes employers just want you to quit and sign a release in exchange for some severance so that they do not have to worry about you filing a baseless lawsuit against them.  If you polled HR in America, the overwhelming, vast majority (say 99%) would assert that such fears of totally baseless lawsuits are the only reason they ever offer severance.  They would say to me vigorously, "Who are you, a workplace advocate who has litigated numerous discrimination, etc. claims against companies over the past 20 years, to say otherwise?!" To which I reply, "Otherwise."  But that doesn't mean that the fear over baseless lawsuits from employees who are perceived to be "trouble" is not accurate. Believe me, many people get very angry when they are fired, and the EEOC's doors are always open to one and all.  So, I get that rationale is a valid reason for some offers of severance.

But, still, it begs the question -- why does the company want to insist that you quit your job? 

Employers will often suggest that you should quit rather than being fired "so your record is clean."  What record?  Unlike public criminal records, or credit reports, there is no such thing as a public employment record.  Employers do not enter information about why you no longer work for them in any sort of database to be compiled and disseminated to future prospective employers.

So, I surmise, the most common factor in all employer requests for an employee's resignation is the employer's desire to avoid paying or being charged for the employee's unemployment benefits. 

If You Are Fired for Poor Performance, You Still Get Unemployment Benefits in Pennsylvania

That's right, if you are fired for poor performance, you can can usually get unemployment benefits.  So, if the employer wants to get rid of you because it feels that you are "not up to the job," don't quit,  Make them fire you.  Why?

Because if you quit, I can guarantee you that, either in their zest to defeat your claim for unemployment benefits or simply because they honestly "misremember" what exactly happened when you separated from employment, many (not all, but many) employers will tell unemployment that they weren't going to fire you.  If you quit and the Unemployment Referee believes your employer's testimony (that you quit) , you will be denied unemployment because you voluntarily quit your job without a necessitous and compelling reason. 

Thus, since no one will know whether you were a quit versus a termination, and your chances of getting unemployment depreciate significantly if you quit -- don't quit that job!  Further, quitting your job may have a significant impact on your rights under state and federal employment laws which exist, I might add, because the U.S. Congress, and the legal system have determined that, indeed, sometimes employers do terminate employees for illegal reasons.  Otherwise, indeed!

Discrimination Lawyer Serving Individuals in Locations Such as Malvern, Exton, Downingtown, Phoenixville, Collegeville, Lansdale, Pottstown, Newtown Square, Radnor, Broomall and Surrounding Areas

If you are facing imminent termination, call a qualified employment lawyer to discuss your options.  Don't get pressured into a quick and irreversible quit.

Have more questions about Unemployment Benefits in Pennsylvania?  Click Here.  Have additional questions concerning how to prove unlawful discrimination? Click Here.

John A. Gallagher, Philadelphia Area Employment Attorney.

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