Pennsylvania Employment Law Lawyers
At The Gold Law Firm P.C., we recognize that employment-related issues can be overwhelming, and you may not know where to turn for guidance. Whether you are facing challenges related to discrimination, wrongful termination, or wage disputes, it is essential to understand your rights and the options available under Pennsylvania law.
Pennsylvania employment laws protect workers’ rights while balancing employers’ needs. Even so, the scales are often imbalanced and workers end up facing serious problems. If you need further assistance, our Pennsylvania employment law lawyers can offer the legal counsel you need.
What Constitutes Wrongful Termination in Pennsylvania?
Pennsylvania is an “at-will” employment state, meaning an employer can terminate an employee for almost any reason or no reason as long as it does not violate federal or state law. However, wrongful termination occurs when an employer dismisses an employee in violation of a contractual agreement or legal protections, such as those related to discrimination or retaliation.
Examples of wrongful termination include firing an employee based on race, religion, gender, or disability. Additionally, it is illegal to terminate an employee in retaliation for whistleblowing or reporting workplace safety violations.
What Are My Rights if I Experience Discrimination at Work?
Federal and Pennsylvania laws protect workers from discrimination based on factors such as race, color, national origin, religion, sex, disability, age, and more. The Pennsylvania Human Relations Act (PHRA) provides additional protections for employees who may not be covered by federal law.
If you believe you have experienced discrimination, you have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission (PHRC). Our Pennsylvania employment law lawyers recommend the following:
- Document any discriminatory behavior.
- Keep records of interactions with supervisors.
- Obtain witness statements if possible.
What Is Considered Sexual Harassment in the Workplace?
Sexual harassment is a form of discrimination prohibited by federal law under Title VII of the Civil Rights Act of 1964 and Pennsylvania law under the PHRA. Sexual harassment can include unwanted advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that creates a hostile work environment or is used as a condition for employment.
There are two primary types of sexual harassment: quid pro quo and hostile work environment.
- Quid pro quo occurs when job benefits are tied to submission to sexual advances.
- Hostile work environment harassment involves conduct that is so severe or pervasive that it alters the conditions of employment.
What Are the Minimum Wage and Overtime Laws in Pennsylvania?
According to the Pennsylvania Department of Labor, the current minimum wage is $7.25 per hour, which aligns with the federal minimum wage. However, there are exceptions for certain types of workers, such as tipped employees, who may be paid a lower base wage as long as their tips bring their hourly earnings to at least the minimum wage.
Employees who work more than 40 hours a week are entitled to overtime pay at a rate of one and a half times their regular hourly wage. Some employees, such as those in executive, administrative, or professional roles, may be exempt from overtime under specific conditions.
What Is Retaliation in the Workplace, and Is It Illegal?
Retaliation occurs when an employer takes adverse action against an employee for engaging in a protected activity, like reporting discrimination, harassment, or wage violations. Examples of retaliation include demotions, pay reductions, or termination after filing a complaint or participating in an investigation.
Retaliation is illegal under both federal and Pennsylvania employment laws. If you are facing retaliation, document everything that happens and the timeline of events leading up to them. Our Pennsylvania employment law lawyers can advise you of your options.
What Should I Do if I Am Misclassified as an Independent Contractor?
Misclassification occurs when an employer labels an employee as an independent contractor to avoid paying certain benefits or taxes. This misclassification can result in the employee being denied minimum wage, overtime pay, and workers’ compensation protections.
To determine whether you have been misclassified, our Pennsylvania employment law lawyers can evaluate the degree of control the employer has over your work, the nature of your job duties, and whether you are responsible for your own equipment and expenses.
What Protections Are Available for Whistleblowers in Pennsylvania?
Whistleblowers are employees who report illegal or unethical behavior by their employer, like fraud, environmental violations, or unsafe working conditions. Pennsylvania law, including the Pennsylvania Whistleblower Law, provides protections for public employees who report wrongdoing. Federal laws also offer protections for employees in both the public and private sectors.
What Steps Should I Take If I Am Not Paid for My Work?
You may have grounds to file a wage and hour claim under Pennsylvania law if you are not paid for your work. The Pennsylvania Wage Payment and Collection Law (WPCL) protects employees’ rights to timely and full payment for work completed.
To address wage theft, you should contact your employer informally to resolve the issue. If this does not work, you can file a wage complaint with the Pennsylvania Department of Labor and Industry or contact our Pennsylvania employment law lawyers.
How Can an Employment Law Lawyer Help Me?
An employment law lawyer can provide valuable assistance in navigating the legal issues surrounding employment disputes. They can serve as the liaison between you and your lawyer, complete paperwork, and fight to protect your rights. They can also represent your interests in negotiations or court proceedings.
The legal process can be challenging, and employment law cases often involve complicated details and specific legal procedures. An experienced lawyer can offer guidance, gather evidence, and build a convincing case on your behalf.
The Skilled Pennsylvania Employment Law Lawyers at The Gold Law Firm P.C. Are Dedicated to Protecting Your Rights
If you are facing employment issues, the seasoned Pennsylvania employment law lawyers at The Gold Law Firm P.C. are here to provide the legal support you need, starting with a free consultation. To learn more, call 215-569-1999 or complete our online form. Located in Philadelphia and Pennsauken, New Jersey, we serve clients in South Jersey and Southeastern Pennsylvania, including Wilkes-Barre, Scranton, and Northeast Philadelphia, Bucks County, Chester County, Delaware County, Lehigh County, and Montgomery County, Pennsylvania, and Cherry Hill.