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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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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Employment Law Firm Serving Philadelphia Area

eLabor Lawyer Representing Only Employees With Offices in Paoli, King of Prussia, Plymouth Meeting, Exton, Radnor and Philadelphia

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 Wrongful Termination Lawyer to help you assert your rights under state and federal laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991. You may also visit our Website. 

We assist employees on a wide range of employment law issues, such as discrimination, retaliation, wrongful discharge, overtime and wage claims, unemployment appeals, FMLA leave, ADA reasonable accommodations, long term disability claims, non-competition agreements and negotiating severance packages.  Often, our representation includes analysis of a combination of such issues.

For example, one needs to understand the interplay between ADA, FMLA, long-term disability claims and unemployment claims to be fully congizant of how to proceed when a medical condition affects one's ability to work.  Favorable negotiation of severance packages often entails obtaining leverage via a threatened discrimination, wrongful discharge or retaliation claims.  Unemployment appeals often yield valuable testimony useful in prosecuting a retaliation or discrimination claim.

We understand each and every law governing the employment of individuals in Pennsylvania, so we are well-suited to assist you in executing a strategy to protect your rights, or prosecuting a lawsuit to enforce them.

Discrimination Lawyer Serving Individuals in Locations Such as Gladwyne, Glenside, Gulph Mills, Haverford, Jeffersonville, Harleysville, Conshohocken, Schwenksville, Skippack, Souderton, Abington, Ambler, Plymouth Whitemarsh and Bryn Athyn

If you believe your employer has fired you illegally, call us today and we will discuss your matter at no cost to you. We will discuss your potential for receiving unemployment benefits, as well as your claim for unlawful separation from your job.  We represent only individuals, each and every day, and specialize in asserting their rights in state and federal courts throughout Pennsylvania on a contingent fee basis.

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Flight Attendant Steve Slater's Not Suing Anyone

Philadelphia Area Employment Law Firm Representing Employees in Communities Such as Exton, Frazer, Berwynn, Devon, Ardmore, Glenside, Conshohocken, Newtown Square, Springfield, Lansdowne and Surrounding Areas

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 assert your rights under state and federal laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991. You may also visit our Website at http://www.johnagallagher.com/.

WHY FLIGHT ATTENDANT STEVE SLATER CAN'T SUE ANYONE

As stated in my previous Blog, Steve Slater cannot get unemployment in Pennsylvania (or in probably any state), because he did not have a necessitous and compelling reason for quitting his job.  I thought some of the comments of support for Mr. Slater were pretty laughable.  My favorite was this one: "Slater should sue [the passenger who caused him to freak out] in civil court for his injury, and the trauma she caused him."  There is zero chance of that happening.  You cannot sue someone for simply being rude, no matter what type of damages (i.e. mental distress, quitting your job) you suffer.  End of story.

Nearly all of us all have job related stress, rude bosses and co-workers, too much work and too little time, unrealistic expectations, personality conflicts, favoritism....

However, the courts consider such interactions and realities normal, and one cannot bring a lawsuit for a hostile work environment just because we are treated rudely or unfairly.  The only exceptions to that rule, or I should say the most common exceptions, are where an employee can prove that he/she is being treated poorly or differently because of his/her age, sex, race, national origin, religion, disability, or in retaliation for seeking rights under state and federal laws governing things such as family leave, overtime or workers compensation benefits.

Employment Lawyer Helping Residents of Delaware County, Montgomery County and Chester County, Pennsylvania Who Are Experiencing a Hostile Work Environment

There are better ways to quit a job than what Steve Slater did. In fact, there are effective legal strategies you can employee to require your employer to address your legitimate work-related, stress-inducing issues.  If you employ such strategies, and things still do not improve, than you may be able to quit your job and get unemployment benefits. We routinely help people who are under significant job-related stress. Call today and schedule an appointment if you would like to learn some effective legal coping mechanisms.

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Philadelphia Area Attorney Employment Lawyer Explains Overtime Rights in Pennsylvania

Philadelphia Area Law Firm Specializing in Overtime Cases Representing Employees in Communities Such as Broonall, Newtown Square, Lawrence Park, Radnor, Villanova, Springfield, Edgemont, West Goshen, Devon, Berwyn, Wayne, Bryn Mawr, Ardmore, Narberth, Roxborough, Bala Cynwyd and King of Prussia

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 Overtime Lawyer to help you assert your rights under state and federal laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991. You may also visit our Website at http://www.johnagallagher.com/ 

For a comprehensive view of overtime and FLSA standards and laws, Click Here.

Pennsylvania Overtime Law Firm With Offices in Chester County, Montgomery County, Delaware County and Philadelphia Working on a Contingent Fee Basis

What is overtime?  Overtime is payment of 1.5 times your normal hourly rate for each hour you work over 40 on a given week (you do not get overtime merely because you work 12 hours in a given day; you must work more than 40 in a given week). Employers who are caught failing to pay overtime to their employees must pay their employees twice the amount of overtime they earned but were not paid! 

I am Paid a Salary, So I Guess that Automatically Means I Am Not Entitled to Overtime, Right?  That is categorically untrue!  In fact, this (paying non-exempt employees a salary) is one of the most common tactics utilized by employers to avoid paid non-exempt employees overtime wages to which they are entitled.  Click Here for more information on this issue. 

How do I Figure my Hourly Rate if I am Paid a Salary?  You simply take your gross weekly pay rate and divide by 40.

Suppose I am Paid "Straight Time" for any Hours I work in Excess of 40 in a Week?  If you are entitled to overtime, that is a violation of state and federal law.  You must be paid 1.5 times your hourly rate.

Can They Fire Me in Retaliation if I Demand Overtime?  They can, but if they do so, they would be violating state and federal law.  Under Federal law (the Fair Labor Standards Act), if they fire you because you have demanded overtime, thereby causing you to lose wages, then the employer must pay you twice the amount of your lost wages if you win your lawsuit!. 

Labor Law Firm in Philadelphia Area Handling Overtime Claims for Residents of Montgomery County, Chester County and Delaware County, Pennsylvania

Please use the Search Box in the upper right hand of this Blog for additional Blogs concerning overtime, and check out our Video discussing overtime as well.  We handle overtime claims on a contingent fee basis; that we do not get paid for prosecuting your overtime claim unless we win, so please do not hesitate to call for a free telephone consultation if you believe you may have a claim.

You have read this article consultation / county contingent / demand / earnings / Employment / John A. Gallagher / lawyer / overtime / pay / Pennsylvania / Reading / rights / salary / wages / win with the title Employment. You can bookmark this page URL https://clapclapclappp.blogspot.com/2010/08/philadelphia-area-attorney-employment.html. Thanks!

Philadelphia Area Employment Law Firm

Employment Lawyers Representing Employees in Communities Such as Paoli, Exton, Malvern, Phoenixville, Downingtown, Chadds Ford, Media, Broomall, Springfield, Wayne, Lansdale, Souderton, Blue Bell, Ardmore, Reading and Lancaster

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 Lawyetr to help you assert your rights under state and federal laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991. You may also visit our Website at http://www.johnagallagher.com/

Recently , we have uploaded some videos on YouTube to provide employees with answers to frequently asked questions. Although these videos are not intended to consuitute legal advice from me to you, they hopefully will help you achieve a better understanding of the way employment law works. In this way, you will be better able to assert and protect your right to work. Here are links to 3 videos you may want to check out:

What is Sexual Harassment and What Can I Do About It?

7 Things to Know About Unemployment in Pennsylvania

What Are My Rights Under the Family and Medical Leave Act in Pennsylvania?

Also, to find out more about commonloy asked employment law questions, use the Search tool on this Blog.

Contingent Fee Labor Lawyer in Philadelphia Area With Offices in Paoli (Main Office), King of Prussia, Radnor, Plymouth Meeting, Exton and Center City

If you believe you have been the victim of a wrongful termination, call us today and we will discuss your matter at no cost to you. We represent only individuals, each and every day, and specialize in asserting their rights in state and federal courts throughout Pennsylvania on a contingent fee basis.

You have read this article Attorney / claim / discrimination / Employment / Exton / John A. Gallagher / law suits / representation / retaliation / rights / Springfield / wrongful termination with the title Employment. You can bookmark this page URL https://clapclapclappp.blogspot.com/2010/08/philadelphia-area-employment-law-firm.html. Thanks!

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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