Don't Take This Job and Shove It

Philadelphia Area Employment Law Firm Representing Employees in Communities Such as Malvern, King of Prussia, Chestnut Hill, Doylestown, Downingtown, Phoenixville, Oaks, Ambler, Abington, Flourtown, Reading 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 Labor 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 MADE A MISTAKE QUITTING HIS JOB

By now, many of you have heard about the flight attendant who, feeling pushed to the limit with his job responsibilities, and having been frustrated by a passenger, grabbed two beers, went onto the plane's intercom, went on a profanity laced tirade, quit his job and jumped down the emergency chute to the world of unemployment.

I am sure that, by the time he finished his two beers, he had at least fleeting thoughts of regret.  If not, he will soon enough.  Yes, he became famous on YouTube.  Yes, he had supporters who said "you did what we all feel like doing" and "you made my day" and, my personl favorite, a woman who proclaimed,  "I've got your back."  (Great, said Mr. Slater, I'll send my mortgage bill and car payment to you without delay!)

Well, such support is wonderful, as is 15 minutes of fame, but the World keeps turning and right around the time we forget about Steve Slater, the crushing effect of his actions will start to hit him (assuming that he actually needs income, of course).

First of all, if you quit your job out of frustration in Pennsylvania (and in probably any state), you will not get unemployment benefits.  So, the principle that caused Steve Slater to quit his job had better be acceptable principal at the grocery store, the utility company and his mortgage lender, or else he could be in deep financial trouble soon (I don't see other airlines lining up to hire him). 

As I tell my clients, have the family over for Thanksgiving and feed them principle for dinner and see how that goes over.  Wrap up a box of principle and put it under the tree on Christmas morning and watch your daughter's eyes light up with...surprise. Send your son's college a check for unlimited principle and see how long he stays enrolled.  Ahh, martyrdom....

Take This Job and Shove It - A Big Hit, But a Bad Idea

Johnny Paycheck wrote that song back in the 70's, and many of us could identify with it then, and can identify with it now.  Employees are being laid off at record-rates, and the "lucky" survivors usually have to do more work at the same (or less) rate of pay.  But, as one Slater sympathizer suggested, most all of us feel extremely upset and frustrated about work from time to time.  We did in the 70's, and we do in the 10's.  That will never change.

But, one thing I can assure you.  That woman who said that she had Steve Slater's back - I guarantee you she isn't paying his gas bill this month!

Labor Law Firm Helping Residents of Montgomery County, Chester County and Delaware 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 ways to make the Company improve your work situation and, if they still refuse, 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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Can I Get Overtime if I am on a Salary in Pennsylvania?

Attorney Specializing in Employment Law Representing Employees in Communities Such as Malvern, Exton, Paoli, Downingtown, Phoenixville, Collegeville, Lionville, Royersford, Oaks, Lansdale, Ambler, Blue Bell, Chestnut Hill and Plymouth Whitemarsh

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 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/

For a more comprehensive discussion of overtime laws, Click Here.

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

Just because you are paid a salary does not mean that you are exempt, this is, ineligible, from receiving overtime.  In fact, many employers try to avoid paying overtime by putting non-exempt (i.e. eligible) employees on a salary.  Since most people believe that, if they receive a salary they are ineligible from getting overtime, this tactic has the effect of "tricking" employees to avoid paying them that which they are due. 

Here are two common ploys that we see: 1) the employer switches the employee between salary and hourly, paying the employee hourly when business is slow, and salary when business is good, and the employee is required to work well in excess of 40 hours per week; 2) "promoting" an hourly employee to a salaried position, while by and large not changing the employees work responsibilities.

What Should I Do If I Believe I am Owed Overtime in Pennsylvania?

You probably want to seek counsel.  If you want to go it alone, then you should put your complaint in writing.  If the employer retaliates against you by demoting you, failing to promote you or firing you, you would have a claim for illegal discharge under the Fair Labor Standards Act. You may also want to check out our Video on Overtime.

How Long Do I have to Bring a Lawsuit for Overtime in Pennsylvania?

Two years for unintentional violations, and 3 years for intentional violations.  That means that for each day beyond those time periods you wait, you lose a possible claim for overtime.

If you believe you have been denied overtime pay to which you are entitled, 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.

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Contingent Fee Discrimination Lawyer in Philadelphia Area

Contingent Fee Wrongful Termination Lawyer Representing Employees in 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 Contingent Fee Employment Lawyer to help you assert your rights under state and federal discrimination laws, John A. Gallagher has been practicing Employment Law in Pennsylvania since 1991.

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

How Does a Contingent Fee Agreement Work?

We don't charge you any legal fees or costs unless we win your case.  If we win your case, we take a percentgae of your winnings.  The contingent fee precentages vary from matter to matter.

What Types of Cases Do We Handle on a Contingent Fee?

Depending on the circumstances, we handle the following cases on a contingent fee:

Unemployment Appeal Hearings where you are appealing the denial of benefits by the Pennsylvania Unemployment Service Center;

Lawsuits for Employment Discrimination or Retaliation;

Sexual Harassment Cases;

Claims for Overtime or Unpaid Wages

Violations of the Family and Medical Leave Act;

Violations of the Americans With Disabilities Act;

Wrongful Termination arising under Pennsylvania Law;

Whistleblower Claims arising under State or Federal law;

Negotiating Severance Packages;

Hb-1 Visa claims for Unpaid Compensation.

If we believe based upon our initial telephone interview that you have a potential contingent fee matter, we will schedule you for a free consultation to discuss the matter and potential fee arrangements.

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

If you have a question about any of the matters discussed above, 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.

You have read this article Attorney / damages / discrimination / hostile work environment / John Gallagher / legal strategy / Plymouth Meeting / representation with the title John Gallagher. You can bookmark this page URL https://clapclapclappp.blogspot.com/2010/08/contingent-fee-discrimination-lawyer-in.html. Thanks!

Why Is My Employer Asking Me to Sign a Release of Claims?

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

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


What is a the Effect of a General Release in Pennsylvania?

A General Release is a provision wherein you agree that, in exchange for some consideration (payment of money, usually), you will not in the future sue the employer for any conduct it engaged in prior to the date you sign the Release (i.e. discrimination, failure to pay you money you are owed, etc.)  A Release is binding upon you, and will in nearly all cases completely eliminate any right you would have to sue your employer for illegal employment practices you believe it engaged in prior to the date you sign the Release.  Also, by signing a Release, you are giving up the right to collect any money you believe you are owed except for any money you are promised in the Release.

Why Is My Former Employer Asking Me to Sign a Release?

Employers usually "bury" the Release provision in a Separation Agreement.  For you, the key to that Separation Agreement is the severance and benefits you are offered (i.e. medical coverage).  For the employer, the key is the Release. 

Employers want you to sign a Release after you have been terminated so that they will not have to worry about you later filing a lawsuit claiming that you were terminated illegally.  Companies typically offer severance and some other benefits in exchange for this Release.  If you sign the Release you will lose any and all rights you may have had to sue your employer for discrimination, wrongful termination, unpaid wages, commissions or bonuses, overtime, etc. 

Given that most companies only offer between 2 weeks and 3 months of severance to the average employee (and if you are getting 3 months you are doing reasonably well), and given that a good employment-based lawsuit can generate a year or more of salary and benefits, you should think carefully before signing a Release contained within a Separation Agreement.

One  favorite trick of companies is to include as "severance" an amount of money that is equal to what they already owe you under the law (such as accrued vacation pay, bonuses/commissions, pay for people who were fired without the amount of notice required in their employment agreement, etc.). 

Another trick companies use to get you to sign the Release is to agree that they won't fight your unemployment case.  That is what I call a promise without value.  If you are being offered severance, then you probably did not engage in willful misconduct, so you are going to get unemployment anyway.  Thanks for nothing!

What really chaps me the most, though, is when companies offer a meager severance, and ask for a Release, when they know they owe you a lot more in overtime or commissions they did not pay to you.

Philadelphia Employment Attorney representing Employees in Towns such as Malvern, Royersford, Blue Bell, Devon, Berwyn, Narberth, Bala Cynwyd, Bryn Mawr, Broomall, Lawrence Park and Aston

Separation Agreements always contain Releases, and Releases are always upheld by Courts.  If you have any question about whether you may be sacrificing important rights by signing a Release, you should really consider hiring a labor lawyer.  On many occasions, I have sat down with recently terminated people and told them something that they didn't know - that their rights under Federal statutes such as FMLA, FLSA, ADA and ADEA had likely been violated, and that signing away their rights to prosecute their claims for $700 was probably not a good idea!

When I spot a problem, and renegotiate a severance deal, I do so on a contingent fee basis - that means you pay us nothing unless you receive a better severance offer, and only a percentage of what we are able to negotiate above what you were initially offered.  Now, that's a fair deal!

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Independent Contractor Law in Pennsylvania

Philadelphia Unemployment Lawyer With Offices in Montgomery 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 Plymouth Meeting, King of Prussia, Paoli, Exton,Radnor and Philadelphia.

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

What is the definition of an Independent Contractor in Pennsylvania?

The most important factors are often 1) how are you paid, W-2 or 1099? If paid 1099, presumption is you are an Independent Contractor; 2) Is there a contract that says you are an Independent Contractor. This is also considered strong evidence that you are not an employee.

Once you get beyond those factors, the issues are whether you are free from control in performing your day tp day activities, whether you have an established work schedule, whether you are subject to discipline and control by the employer, whether you work for more than more than one "employer," etc.

See our YouTube on this issue and 6 other commonly asked unemployment questions in Pennsylvania. The questions we answer are as follows:

1.  What is Willful Misconduct in Pennsylvania? 

2.  If I Quit My Job, Am I Entitled to Pennsylvania Unemployment Benefits?

3.  May I Apply for Unemployment in Pennsylvania If I Am Getting Severance ?

4.  If I Am Disabled Can I Receive Pennsylvania Unemployment Benefits?

5.  Can I Receive Unemployment in Pennsylvania If I Work Part-Time and ?

6.  Am I Disqualified from Pennsylvania Unemployment If I Do Consulting Work?

7.  What is an Independent Contractor Under Pennsylvania Unemployment Law?


The Gallagher Law Group provides Independent Contractor guidance for individuals in communities such as Oley, North Coventry, Warwick, Parkerford, Spring City, Douglassville, Amity, Pottsgrove, Limerick, Oaks, Royersford and surrounding Montgomery County, Pennsylvania communities.


If you have a question about your independent contractor status in Pennsylvania, call us today and we will discuss your matter at no cost to you.

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What the Heck is a Sideline Business Under Pennsylvania Unemployment Law, Anyway?

Philadelphia Unemployment Lawyer With Offices in Delaware 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/.

HOW CAN HAVING A SIDELINE BUSINESS IN PENNSYLVANIA HELP ME?

If you are receiving unemployment benefits, and at the same time working as an independent contractor, you may be disqualified from receiving unemployment on the grounds that you are self employed.  If, however, you can prove that you have a Sideline Business, you will be deemed eligible to continue receiving unemployment in Pennsylvania.

WHAT IS THE DEFINITION OF SIDELINE EMPLOYMENT UNDER PENNSYLVANIA UNEMPLOYMENT LAW?

Click Here to examine a Pennsylvania case that provides the test for a sideline business.  In general, a Sideline Business is an enterprise that you have operated while you were employed on a full time basis, that you continue to operate after you become unemployed from full-time employment.  In such cases, you will remain eligible to continue receiving benefits provided that 1) the sideline business was never your primary source of income; 2) you continue to look for work; and, 3) you have not increased the amount of time spent operating the sideline business since you became unemployed.

Example:  Accountant employed by an accounting firm from time to time prepares and files tax returns on behalf of friends and family.  After she is fired, she provides the same services to her friends and family.  She is eligible to continue receiving benefits from unemployment. 

Note:  You should report to unemployment that you are doing the sideline work as soon as you start doing it (i.e. do not wait until you have been paid).  If the Service Center should discontinue benefits, appeal and seek a Hearing before an Unemployment Referee.

Click Here to see our answers to FAQs relating to Pa Unemployment law and procedure.

See our YouTube on this issue and 6 other commonly asked unemployment questions in Pennsylvania. The questions we answer are as follows:

1.  What is Willful Misconduct in Pennsylvania? 

2.  If I Quit My Job, Am I Entitled to Pennsylvania Unemployment Benefits?

3.  May I Apply for Unemployment in Pennsylvania If I Am Getting Severance ?

4.  If I Am Disabled Can I Receive Pennsylvania Unemployment Benefits?

5.  Can I Receive Unemployment in Pennsylvania If I Work Part-Time and ?

6.  Am I Disqualified from Pennsylvania Unemployment If I Do Consulting Work?

7.  What is an Independent Contractor Under Pennsylvania Unemployment Law?


The Gallagher Law Group handles Unemployment Compensation matters for individuals in communities such as Plymouth Whitemarsh, Chestnut Hill, Plymouth Meeting, Blue Bell, Chalfont, Springfield, Broomall, Newtown Square, Media, Norristown, Lansdale, Horsham, East Goshe, West Chester and Malvern.

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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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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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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