Employees in the Commonwealth of Pennsylvania are generally considered to be “at will.” This means that your position or job may be terminated without reason at any time. Also, your employer can take disciplinary action against you at any time at all. Unfortunately, your job is not secure, but your rights should be. Contact the experienced attorneys at Maizel Legal Associates to determine whether you have a case.
There are exceptions to this rule. The attorneys at Maizel Legal Associates are experienced employment lawyers who know the law.
An employer cannot fire or discipline an employee for improper reasons. In other words, an employer cannot take action against an employee because of:
Also, an employer cannot fail to hire a potential employee because of their age, race, religion, ethnicity, disability, sexual orientation, pregnancy status, and/or gender.
Under Federal Law (Title VII; 42 U.S.C. §2000 et seq. ) and under Pennsylvania Law (Pennsylvania Human Relations Act “PHRA” 43 P.S. §§ 951-963 ) an employee must make a claim to the EEOC within 180 days or the Pennsylvania Human Relations Commission “PaHRC” within 300 days of the alleged harassment or improper treatment in the workplace.
If you have filed a claim for Workers Compensation or have been injured on the job. Informed your boss or supervisor of this injury. And you have been fired from your job, you may have a case for Wrongful Termination. Your employer cannot fire you for filing a Workers Compensation claim.
Federal and State law also protect employees from complaining about discrimination. If your employer has reprimanded, suspended, terminated, or taken any action against you for complaining about your employment conditions, you may have a Retaliation Claim under Title VII or the PHRA.
Discrimination does not only apply to traditional “minorities.” Discrimination comes in many forms. If you think that an employer discriminated against you, call the experienced attorneys at Maizel Legal Associates to discuss your case. FAQs:
Can I receive a Trial by Jury? When your case is filed in Federal Court, you can receive a trial by a Jury. In State Court, you are required to have a trial by a Judge or a Bench Trial.
Can I receive Attorney’s Fees as part of my settlement or verdict at trial? Generally, yes. In some cases a Judge may award attorney’s fees as part of the verdict. The attorney must make an application for the fees to the Court. Attorney’s fees are not generally included as part of settlements.
Can I receive Punitive Damages (Punishment Damages) as part of a discrimination case? In State Court, Punitive Damages are possible. In Federal Court, you can get Punitive Damages if it is proven that the employer engaged in a discriminatory practice with malice or reckless indifference to the federally protected rights under Title VII.
What is the first step in my case? In Pennsylvania, you must file your claim with the EEOC or the PaHRC. One of these two agencies will perform an investigation. It is only after the agency investigation is complete that you can file a lawsuit in Court. Generally, the agency has up to one (1) year to investigate the claim.
Can I recover lost wages? Generally, you can recover lost back pay and/or ongoing “front pay.” You do have a duty to try to find a new job or to mitigate your losses.
Can I settle my case? Simply put, yes. All settlements take the willingness of all involved parties to come to a “meeting of the minds.” There is no requirement on any party to settle a case.
If you have belive that you have been a victim of discrimination - you may be entitled to compensation. Call Maizel Legal Associates toll free at (877) 615-6520 for a Free Valuation of your case.
We serve the injured victims of Philadelphia, including Center City, South Philly, Northeast Philadelphia, West Philly, North Philly, Southwest Philadelphia, Manayunk, Roxborough, and all other areas throughout Pennsylvania. We also cover Southern New Jersey including Atlantic City, Haddonfield and Cherry Hill, and Northern New Jersey including Trenton and Newark.
Maizel Legal Associates
1500 J.F.K. Boulevard Suite 1700
Philadelphia, PA 19102
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