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A causal connection must be established between an employee's national origin and the adverse employment decision in order to prove that discrimination is occurring. Employers are responsible for the proof if the causal connection can be established. The employer must first give a valid, non-discriminatory reason. The employer must then provide evidence that the reason given by the employer is false.

An employment law attorney with experience can help you with a variety of claims such as:

Title VII of Civil Rights Act of 1963 makes it illegal to discriminate against people based on their national origin. Employers are forbidden from discriminating against employees due to their race or religion. Employers with 15 or fewer employees are included in this law as well.

A termination clause for an executive employment contract should clearly identify what constitutes "cause," which includes any offenses that may be committed against the company or its shareholders. In many cases, the meaning of "cause", which is often vague and ambiguous, can be a problem. It is possible that an employee does not know the reason for termination.

An experienced employment attorney can help with a range of claims, including:

Title VII of the Civil Rights Act of 1965 makes it illegal to discriminate based on nationality. Employers are prohibited from discriminating against employees on the basis of race, religion, or national origin. Employers with more than 15 employees are covered by this law, as well federal agencies, state and local governments, employment agencies, and federal government agencies.

The key term "devotion of employment" is a critical phrase in executive employment agreements. This clause stipulates that an Executive must commit substantially all of his energy and time to the Company's responsibilities. This means that the Company cannot authorize the Executive to engage outside employment.

False termination

Philadelphia's health law provides protection for employees, regardless of the reason behind an employee's absence. Employers must provide sick time to employees. Employees who need time off to recover from illness should be paid at least 80 percent of their regular salaries.

An employee must establish a causal relationship between his/her national origin and the adverse employment choice in order for the case to be proven. Employers have the burden of proof if the causal relationship is established. The employer must first present a valid and non-discriminatory reason. The employee then has to present evidence to prove the employer's claimed reason is false.

An important term in executive employment agreements refers to "devotion for employment." An Executive must dedicate substantially all his time and effort to fulfilling his Company's duties under this clause. This means that an Executive cannot be authorized to engage in outside employment.

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Philadelphia has an antidiscrimination ordinance as well the ADA. The facts of your situation and the remedies available will affect the choice of law that you file. A Philadelphia employment law lawyer can help you understand which laws might be applicable to your case. Employers must offer reasonable accommodations to disabled employees in order to allow them to perform the essential functions required by their jobs.

Discrimination against a person's religion in the workplace can take many forms. It can occur at any stage of the employment process, from hiring to promotion, through salary and firing, depending upon the type. It could also include discrimination against religious-based harassment or denials of benefits.

Employers may request a note from a doctor when an employee is absent for a sick day if the law has been applied consistently to all employees. Employers should limit requests for doctor’s notes in order to verify that an employee receives healthcare. However, they should not attempt diagnose the employee’s illness. Employers can research the laws that govern paid sick leave in their state and local jurisdictions to see which regulations apply.

Philadelphia has the ADA as well as an antidiscrimination ordinance. It is dependent on the facts and available remedies that you choose which law to file. A Philadelphia employment disability discrimination lawyer may be able help you identify which laws could apply to you. Employers must make reasonable accommodations that allow disabled employees to do the essential functions.

Whistleblowers

We can help you if you are in litigation right now or in the process of preparing for litigation.

A lot of employees are very good at their jobs and will seek advice from HR to help them resolve problems. However, it is often discovered that their statements were actually used to protect business interests. We recommend clients seek advice from a lawyer to obtain a third-party viewpoint of their legal position, understand their legal claims and figure out how to best protect their employment.

labor employment attorney
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It is difficult to prove the non-solicitation of an employee. Although it's possible to prove a former employee is actively looking for a job, it is more difficult to show they haven't contacted clients or customers. Ex-employers might give out business cards to former clients, but that is unlikely to be considered solicitation.

Employers can't fire disabled employees because of discrimination under the Americans with Disabilities Act (ADA). If the company makes reasonable accommodations to enable disabled employees to perform their jobs, they are protected from being fired. Employers with more than 15 employees are exempt from this law.

Discrimination based upon religion

Philadelphia has both the ADA and an anti-discrimination law. It depends on your circumstances and the options available to you to choose which law to file. A Philadelphia employment discrimination lawyer will be able to explain which laws could apply to your particular situation. Employers are required to make reasonable accommodations so that disabled employees can perform their essential job functions.

Title VII of 1964's Civil Rights Act of 1964 makes discrimination based upon national origin illegal. Employers cannot discriminate against employees based upon their race, religion, or nationality. This law applies to employers with 15 or more employees as well as employment agencies and state and local governments as federal government agencies.

Harassment of a protected class at work is against federal and state law. This is when a pattern or behavior creates a hostile working environment that leads to a negative employment decision. This harassment can be directed towards co-workers and supervisors but it can also take place outside the workplace.

Noncompliance can result in severe penalties and substantial fines. This ordinance applies not only to city workers, but also to employees of entities with contracts with the City. Noncompliance can be dealt with by penalties, but not all.

An executive employment contract must clearly outline the termination conditions and the amount of severance pay in case the employee is unable to perform their job. An executive who is fired without receiving a severance pay is considered a breach of contract. This could lead to a lawsuit.

The American Community Survey measures poverty rates across major cities. It found that roughly one-third to three quarters of Philadelphian workers earned $7.25 an hr or less in 2018. This percentage is higher among Hispanics and others. One-third of the workers had less than 24 years of age and didn't have a college education. Philadelphia's minimum wage earners were young adults. These figures are not necessarily accurate as some workers were not included in the minimum wage law.

According to NBC10 the new Pennsylvania minimum wage laws were created to protect tip workers. Employers can no longer deduct tips from employees for non-cash payments, according to the new rules. Employers must also clearly inform customers that these service fees are not tips. Workers must also be allowed to tip-generate at least 80% of the time.

Philadelphia has one among the lowest minimum wage levels in major U.S. cities. Many Philadelphia residents are struggling just to survive. Recently, Mayor Jim Kenney approved an ordinance that will increase minimum wage for certain city employees. The Consumer Price Index of all urban consumers is the basis of the new minimum salary rate.

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Walmart employed a Walmart employee for 15 years. An employee who was disabled had asked for reasonable adjustments to her work schedule. She was denied because of her disability. Her disability led to her being denied promotions. The EEOC ordered that the company pay the employee nearly $40K and cite her disability.

Tip-pooling is permissible in Pennsylvania provided tip-generating duties are at least 80 percent. Federal regulations stipulate that tip-pooling must not be used to justify not paying minimum wage. Supervisors and managers cannot tip-pool.

Claims under a Severance Agreement

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* Retaliation

A termination clause should be included in an executive employment agreement. It should state clearly the terms of termination and the amount to be paid if the employee does not perform the job. A termination of an executive without severance payments is a breach and could result in a lawsuit.

You can file a complaint if you are an employer in Philadelphia against a client, or even a former employee. The Philadelphia Wage Theft Coordinator can handle your complaint. The Philadelphia Wage Theft coordinator will review your complaint and notify you. The employer must respond by providing all records regarding hours worked and amounts paid to third parties.

Pennsylvania's overtime-pay rules require employers to pay employees 1.5 times their regular wage for each hour worked beyond forty-five in a work week. These amounts typically range between $12 and $18 per an hour. Many employers do not pay overtime as they claim their employees are salaried, and they work less than forty hours per week.

Pennsylvania's new minimum wages rules for tip workers should be known if you are a Pennsylvanian. The Department of Labor & Industry of Pennsylvania approved a few changes that will affect overtime payments and tipped workers' wages. The new updates, including the tipping rules and new requirements for being classified as a "tipped" employee, will take effect Aug. 5, 2022.

You could face severe consequences if you don't comply

The non-solicitation clause is gaining popularity, but liquidated damages may not always be enforceable. Non-solicitation clauses may not be sufficient to stop your employee from taking over your company's customers.

Frequently Asked Questions

The answer is almost always yes. Sometimes this will require paying by the hour for straightforward legal advice for your employment dispute. Legal representation is worth it. You will save money down the road by protecting yourself against wrongful termination or other employment problems. An employment attorney can help you navigate difficult work situations. We represent employees in all types of employment law cases and employment disputes. If you have been wrongfully terminated, let us know how we can help in your wrongful termination suit.

Although different cases warrant a different fee structure for typical employment related legal matters, your employment attorney will take 40% of the settlement amount. You won�t see this number stated on very many websites, but we believe in transparency for our employment law clients. The reason for this number is simple. We take all the risk. We will front your expenses and take the risk of losing everything if we do not get you a settlement or verdict at trial. Further, we go against the best. Unlike personal injury attorneys, we are up against attorneys for big corporations with unlimited resources in employment related litigation. Fighting workplace discrimination is hard. But we relish the challenge and fight to achieve the best results in the employment matters that we pursue.