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Posts in Employment Law
Top 5 Signs You Need to Talk to an Employment Attorney

The employer and employee relationship should be a rewarding one, but it is also fraught with potential problems.  There are many different regulations designed to ensure that employees are treated fairly.  You can make complaints to various government agencies and/or pursue a civil claim to recover damages if your employer violates any of these regulations.  Knowing when you have a legal claim can be complicated, so it is a good idea to speak with an attorney if you suspect something wrong.

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Employment LawScott Rothman
Should I Talk to an Employment Law Lawyer if I've Been Fired?

Most employment in Pennsylvania and throughout the United States is at will. This means your employer can fire you any time he wants to, for any reason or for no reason at all.  As a result, you cannot always take legal action when you are let go.  There are, however, some rules regarding things an employer cannot fire you for. If you were let go for a reason which was in violation of public policy or in violation of worker protection laws, you should have a case against your employer.

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Employment LawScott Rothman
What Does Disparate Impact Mean in Employment Discrimination?

Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act are all federal laws aimed at protecting workers. There are also state anti-discrimination laws applicable to businesses throughout PA.  These laws prohibit employers from discriminating in hiring, firing, and terms and conditions of employment based on protected status (which includes things like race, age, gender, religion, and national origin).

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Employment LawScott Rothman
What Does Quid Pro Quo Harassment Mean in Employment Discrimination?

Harassment is prohibited by state law as well as by federal civil rights laws including Title VII of the Americans with Disabilities Act. There are different kinds of unlawful discrimination in the workplace and victims of discrimination can file claims based on sexual harassment, as well as based on harassment due to their religion, national origin, age, disability status, or other protected status. Sexual harassment cases generally originate under provisions of Title VII of the Civil Rights Act which prohibit discrimination on the basis of gender.

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Employment LawScott Rothman
What is Constructive Discharge?

Workers are protected from many different kinds of wrongful behavior in the workplace. For example, it is unlawful for an employer to overtly discriminate but it is also unlawful for an employer to engage in disparate impact discrimination. If a test or a job qualification affects a protected class (like a particular race or religion of people), this can be a form of unlawful discrimination that can lead to legal action. Likewise, if a hostile work environment is created by co-workers or peers, this can be considered an actionable violation of civil rights laws.

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Employment LawScott Rothman
Are You Considered an At Will Employee?

When an employee is an at will employee, this means that the employee works as long as the employee wants to, for as long as the company decides to keep him employed. A worker can quit at any time, and a company can fire the worker at any time and for any reason.  There does not have to be a specific stated reason for either an employee quitting a job or an employer terminating the worker.

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Employment LawScott Rothman
Can You Bring an Employment Discrimination Class Action?

You can file a civil lawsuit against an employer if you are treated different in hiring, firing, or the terms and conditions of employment on the basis of your protected status.  Employers are not allowed to discriminate on the basis of your gender, your race, your religion, your national origins or nationality, your advanced age, or your disability status. All of these things are considered to be protected statuses.

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Does Age Matter in Employment Decisions?

When an employer is making hiring decisions, an employer generally should not take age into account. However, the only legal protections that exist are designed to prevent discrimination against older workers. There is no law that prohibits an employer from refusing to hire people on the basis of the fact that the employer believes that the person is too young. There is a law prohibiting an employer from refusing to hire someone on the basis that he is too old.

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Does My Employer Have to Pay For My Time Donning Safety Gear?

Employees are supposed to be paid for their time doing work activities. If employers don't pay, workers can take action. A group of employees from Tyson did just that: they filed a class action lawsuit because their employer was not paying for their time putting safety gear on and taking it off. Safety News Alert reported on the lawsuit, which ended up getting all the way to the U.S. Supreme Court.

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Employment LawScott Rothman
How Do I Know if I Got Fired Due to Discrimination?

Sometimes, it can be difficult to determine if you were fired due to discrimination or not. Some of the red flags that you should look for include a failure of the employer to follow written or implied promises made to you, disciplinary action or a termination despite no wrongdoing on your part, discriminatory statements, other terminations of people of protected classes, a pattern of discrimination, a termination following a specific interaction with your employer,

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Employment LawScott Rothman
Defining Disparate Impact Discrimination

Disparate impact discrimination usually starts when there is a job requirement established by an employer. The job requirement may appear to be neutral on its face. However, it ends up disqualifying more people of a protected class, such as more people of a given race or a given religion. For example, in an area where fewer minorities have a college education, a job requirement mandating a college degree could be considered disparate impact discrimination.

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Employment LawScott Rothman