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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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 business.  If 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 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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