How To Sue Your Employer

Pittsburgh Employment Lawyers

What Is Employment Discrimination?

Pittsburgh Employment Lawyers

Kraemer, Manes & Associates LLC (KM&A) is a Pennsylvania law firm that channels the experience of a team of employment attorneys to focus on the client’s needs and to ensure favorable legal results.

 

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Experience Established.

Client Centered.

Results Required.

 

 

While employers face many possible employment violations, employees often aren’t aware that their employee rights have been violated. Meanwhile, employment law specifies what rights are available to employees throughout the United State. Since the law defines employee rights, Pittsburgh employment lawyers advocate on the behalf of employees to fight common employment violations.

 

Common Employment Violations

  • Employment Discriminationshutterstock_410812096
  • Executive and Professional Exit Strategies
  • FMLA Termination
  • Military and USERRA Discrimination
  • Overtime Pay
  • Retaliation
  • Severance Agreement Negotiation
  • Unemployment Benefits
  • Union Issues
  • Unpaid Wages

 

Contact a Pittsburgh Employment Lawyer

If you have been a victim of a common employment violation, call an attorney now for a complimentary consultation. Call us at 412-626-5569.

Pittsburgh Employment Lawyer

Kraemer, Manes & Associates LLC (KM&A) is an employment law firm based in Pittsburgh with locations in surrounding areas. As a firm, we advocate on behalf of Pittsburgh natives and transplants who seek to pursue employment rights, whether wage issues, discrimination, or a union problem. We believe in being accessible, so call us for a free consultation about your legal issue.

A Few Employment Issues We Handle

Three Reasons To Hire An Attorney

Earn Your Employer’s Attention.The Basics of Overtime Pay

Often, when you choose to sue your employer alone, your employer refuses to take your lawsuit seriously. The arrival of a Pittsburgh employment lawyer to the case raises the priority and importance of your case. Moreover, a lawyer negotiates a better settlement on your behalf.

Move The Case Forward.

Sometimes the legal system seemingly loses your lawsuit within the process, but a Pittsburgh employment lawyer knows how to move your case. A lawyer strengthens your case and understands what steps to take to speed the process. We are results oriented.

Meet Deadlines.

Most government agencies place short deadlines on filing times for complaints and lawsuits. A Pittsburgh employment attorney knows the deadlines for your case and ensures that your paperwork is submitted within the time limit. Moreover, a lawyer recognizes what information is helpful to your case or not.

Why A Pittsburgh Employment Lawyer?

Professional Position Contracts1. We’re Experienced.

With over 40 years of legal experience combined, the attorneys at Kraemer, Manes and Associates LLC can handle any employment situation. A knowledge of law and the Pittsburgh mentality of hard work sets the tone for every case we handle. Not only do we have experience in the courtroom and informal mediations, but we work for you.

2. We Know Pittsburgh And The Law.

Pittsburgh’s unique culture of international transplants and born-and-bred natives creates an interesting legal balance. A Pittsburgh employment lawyer must be prepared to offer insight and guidance to every client. After all, an illegal employment situation requires legal attention.

3. We Love Pittsburgh.shutterstock_410812096

Pittsburgh provides urban to country living within a thirty minute drive. As Pittsburgh employment lawyers, we thrive in the courtroom as well as the Pittsburgh classics, such as Primanti’s or a Pens game. Our proudest moments, though, is when we champion your case under local, state, or federal law.

4. You Are Our Neighbor.

In the words of Pittsburgh favorite, Mr. Rogers, you are our neighbor. The Pittsburgh employment attorneys at KM&A strive to care for you and your employment situation by understanding the complexities of the law. Neighbors take care of each other.

Contact a Pittsburgh Employment Lawyer

If you’ve experienced an employment issue that is illegal under the law, reach out to a Pittsburgh employment lawyer because a lawyer knows your legal options. In some cases, deadlines regulate the process so be sure to move quickly. Call us at 412-626-5569 or email us at lawyer@lawkm.com.

Professional Position Contracts

Throughout the career course of an executive position, an executive deals with a variety of legal situations that no other type of employee faces. Moreover, executives often handle the drafting of agreements while also accepting and signing other contracts. Since each document is unique, an executive needs an extensive knowledge about business agreements along with legal repercussions.

Contracts and Agreements

Since professional positions and executive jobs require a high level of experience and knowledge, employment contracts for these positions must reflect that by offering competitive compensation and benefits. Moreover, most contracts are drafted after in-depth negotiation. Not only must this contract include benefits but it also details certain protections for the employee in the event of termination.

Meanwhile, an executive contract outlines employment issues like the following.

  • Job duties and the consequences of changes in those tasks
  • Duration of the employment relationship
  • Terms relating to payment of bonuses and benefits should the employment relationship end in termination
  • Stock optionsThe Basics of Overtime Pay
  • Severance provisions
  • Forums for disputes
  • Applicable law
  • Relocation assistance
  • Responsibilities to the company once the employment relationship ends

Extra Provisions

  • Retirement plans
  • Compensation plans
  • Incentive plans
  • Stock ownership plans
  • Health care benefits

Proving Breach of Contract

While these contracts are legally binding, an employer may accidentally or intentionally breach a contract. Even if accidental, an employee can pursue his rights under the law. Therefore, the employee must show that the contract was breached with the following evidence.

  1. Both employer and employee agreed to a valid and binding employment contract.
  2. Employee complied with job duties under the contract.
  3. Employer breached a material aspect of the agreement.
  4. Employee suffered damages from employer’s breach of materials.

When an employer fails to uphold a professional employment contract, an employment lawyer advocates for your rights under the law by building a case and carrying your case through the legal system.

Non-Compete & Non-Disclosure Agreements

Nonpayment of WagesDue to the nature of work and high level of clearance, executives often know important business information that if leaked to competitors could cause extensive damage to the original employer. Therefore, many executive contracts include non-compete or restrictive covenants within. In some cases, the non-compete agreement is a standalone document. Of course, to measure the effectiveness of non-compete agreements, certain limitations regulate these types of agreements.

Non-compete Agreement Limitations

Scope, duration, and geographic limits 

Reasonable terms, outlining the length of time, the geographical limits, and the included job tasks for the agreement, create the parameters for non-disclosure and non-compete agreements. Meanwhile, no clear line exists between ridiculous and practical requirements. Therefore, when a dispute arises from a non-disclosure agreement, a court decides based on the surrounding circumstances.

ConsiderationSue Your Employer for Wrongful Termination

Another benefit of these agreements is that while an employer gains confidence that no important information will be lost, the employee receives something of value in return. While in some cases, a job seeker signs the contract and receives employment, a current employee must be offered some other benefit, such as a raise or bonus, to sign the agreement.

Legitimate business interest

Since non-disclosure agreements protect business interests, an employer must exhibit a valid reason for necessitating employee agreement. Moreover, an employer cannot force you to sign a non-disclosure agreement to eliminate possible competition. In fact, some agreements might hinder future career options.

Severance Agreements

When professionals or executives leave a job, either the employer or employee suggests a severance agreement. Meanwhile, a severance agreement is offered regardless of the circumstances surrounding the end of the employment relationship. However, some employers hesitate to negotiate or offer a severance agreement.

Although an employee might jump at the severance offer, a lawyer assesses the paperwork and ensures that the employee isn’t signing away any important rights.

Issues to Consider How To Handle Employment Retaliation

  • Timing of payments
  • Continuation of benefits
  • Unemployment compensation rights
  • Waiver of legal claims
  • Confidentiality
  • Non-disparagement provisions
  • References
  • Consequences for violation of the agreement

ERISA disputes

The Employee Retirement Income Security Act (ERISA) regulates a private employer’s ability to create, facilitate, and protect employee retirement plans throughout the United States. While the rules vary depending on the retirement plan, ERISA regulates current plans. However, ERISA does not require employers to offer retirement plans.

Moreover, ERISA offers the right to sue an employer for retirement benefits or breach of fiduciary duty. Meanwhile, every retirement plan must offer a reasonable procedure for processing claims and denials. Since navigating the rules and regulations for ERISA can be confusing, seeking legal counsel simplifies and expedites the process.

Examples of Retirement Plans Professional Position Contracts

  • 401(k) plans
  • Defined benefit plans
  • Defined contribution plans
  • Profit sharing or stock bonus plans
  • Simplified employee retirement plans
  • Employee stock ownership plans

ERISA Requirements

ERISA specifies a number of rules when an employer offers a retirement plan.

  • commencement of an employee’s participation in a plan
  • length of time worked before employee interests in their retirement plans vest
  • employer responsibilities of providing adequate funding
  • impact of extended absences on retirement benefits
  • spouse interest in retirement accounts

Contact a Pittsburgh Employment Lawyer

If you have experienced any type of dispute in relation to the above agreements and contracts, reach out to a Pittsburgh employment lawyer because a lawyer understands how to protect your rights and ensure the best compensation. Moreover, legal paperwork requires a knowledgeable eye to protect you from any surprise loopholes. Call us at 412-626-5569 or email us at lawyer@lawkm.com.

Report Workplace Sexual Harassment

Although a number of reasons might keep you from reporting sexual harassment, whether embarrassment or not enough time, reporting harassment protects you and other employees. After all, Title VII of the Civil Rights Act of 1964 protects job seekers and current job holders from harassment in the workplace. Despite stereotypes, harassment can come from the opposite or same sex.

Sexual Harassment

  • unwelcome advances
  • requested sexual favors
  • verbal/physical harassment
  • derogatory comments about a person’s gender

Feel free to reach out to an employment lawyer for a free consultation if you think you might have a case under the law.

How To Report Sexual Harassment In The Workplace

1. Dust off your employee handbook.The Basics of Overtime Pay

Although most of us, at best, probably skimmed the handbook and, at worst, just threw it into a desk drawer, this is the time for the employee handbook. Check what your company’s policies are on dealing with sexual harassment. Every business differs, but each should outline some procedure.

2. Email the person who has made you uncomfortable.

Confronting someone is hard, but if a co-worker made you uncomfortable with name calling or personal space violation, initiate a conversation. In some cases, a coworker has no idea that a boundary was crossed. If the email causes no change, it will serve as evidence when you need to prove that you tried to clear up the problem.

3. Report sexual harassment to the correct individual.

When you decide to internally report the sexual harassment, the employee handbook should be clear on who receive the report. Moreover, choose to take your sexual harassment report to a neutral individual. Once the report is made, your company should open an investigation to check into your sexual harassment claim.

Sue Your Employer for Wrongful Termination4. Meet face-to-face with the person receiving your report.

Despite the awkwardness of reporting sexual harassment and the feelings associated with this violation, an in-person meeting permits follow-up questions. Moreover, the human factor of an in-person meeting motivates the investigation. After all, a paper statement can’t carry the body language of a verbal statement.

5. Be clear in detail and expectation.

During your verbal or written report, include detailed explanations of specific events of sexual harassment. Vague accusations won’t carry an investigation. Moreover, don’t expand upon the actual facts but stay true to account.

6. Follow up your face-to-face report with a written report.

Recording the actions you’ve taken to halt the sexual harassment sets the pace for any future legal action. After meeting in person to make your verbal report, email a written complaint to the person you met with. Email is an especially useful tool since it includes a time stamp. Also, keep a copy and request that a copy be places in your personnel file.

7. Check in on the investigation.Sue Your Employer for Discrimination

While your employer might choose to do the investigation without including you, continue to communicate further events of sexual harassment. Although you don’t want to get in the way of the investigation, demonstrating a willingness to cooperate helps. Document the investigation for your own records.

8. Workplace retaliation is illegal.

Due to your report of sexual harassment, you might face retaliation. Consequently, retaliation includes losing employment benefits, not being offered a promotion, or being fired. Since the law is clear on retaliation being illegal, consult a lawyer immediately if you don’t already have one.

Legal Options after an Investigation

While an employer handles a report of sexual harassment in a number of ways, you have a few legal options if your employer marks the investigation inconclusive or simply transfers you or your harasser to a different department. Since you’ve documented the sexual harassment and following reports, an employment attorney may be able to file a lawsuit against your harasser and even your employer.

Contact a Pittsburgh Employment Lawyer

Finally, the process of pursuing legal action for sexual harassment can be a long and frustrating journey. With the help and influence of an employment lawyer, your case receives the legal action, guidance, and skills needed to ensure that your situation gains momentum in the legal system. Call us at 412-626-5569 or email us at lawyer@lawkm.com.

Sue Your Boss for Sexual Harassment

When sexual harassment becomes an ongoing presence in a workplace, the business suffers because the victim of sexual harassment loses the feeling of security. Moreover, sexual harassment in a workplace threatens the productivity and quality of work. Since the law defines sexual harassment and offers remedies, an employee can sue an employer for sexual harassment, whether the employer allowed the action or perpetrated the action.

Most of all, the experience of sexual harassment strips you of your dignity and self-esteem. Although it’s an unfortunate reality, it should never be an acceptable norm for any type of employer. If you’ve suffered sexual harassment, the law protects you.

What is Sexual Harassment?

Title VII of the Civil Rights Act of 1964 defined sexual harassment. Therefore, under this law, an employee can choose to file a sexual harassment lawsuit against an employer.

Sexual Harassment – a type of sex discrimination recognized by unwanted or offensive sexual advances, including derogatory comments about someone’s sex.

Examples of Sexual Harassmentshutterstock_212822128

  • Unwelcome sexual advances
  • Requests for sexual favors
  • Verbal or physical conduct of a sexual nature

Meanwhile, sexual harassment comes from many types of people, whether a boss, co-worker, or client. Although certain stereotypes dominate this area, don’t allow the stereotypes to cloud your judgment. Consequently, a harasser might be the same or opposite sex.

Finally, speak up against harassment, especially if it is influencing your work performance or productivity. After all, a lawyer knows that certain laws protect against hostile work environments as well as sexual harassment. Contact a lawyer now.

Responding to Sexual Harassment

Once you realize that you are experiencing sexual harassment, you need to take steps to put a stop to it. The primary reason to halt sexual harassment is for your own peace of mind, but more than that, you need to have a paper trail to portray that you tried to work it out. Also, consulting a lawyer at this stage helps you know exactly what to do.

How to Deal with Workplace Bullying1. Set boundaries with your harasser

Of course, this conversation will be the last one you want to have. However, this establishes with your harasser that you find their conduct offensive and unwelcome. Moreover, in the event of a lawsuit, you will need to prove this conduct was unwelcome.

2. Follow your company’s procedures for filing a complaint

Meanwhile, if your company has a procedure for dealing with sexual harassment, follow the standards in place. While some employers have no procedures for such an incident, you can still make a written complaint to the management. Due to their responsibility as management, an attempt should be made to resolve the problem.

3. File a police report for the sexual harassment

Not only should you keep a personal record of any sexual harassment, including date and events, but you should also file a police report. Visit the nearest police station and ask to file a police report for harassment. If someone witnessed the sexual harassment, a witness makes a statement as well. Although uncomfortable, be detailed in describing the sexual harassment. A police report helps if you decide to sue.Sue Your Employer for Wrongful Termination

4. File a complaint with a government agency

When the sexual harassment continues despite taking steps to end it outside the legal realm, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) and the Pennsylvania Human Relations Commission (PHRC). While the EEOC is a federal agency, PHRC is a state agency. However, you can dual file. Once the situation has been investigated, you may receive or request a Right to Sue letter, meaning you have 90 days to file a lawsuit against your employer.

Contact a Pittsburgh Employment Lawyer

Since sexual harassment ruins your sense of security in your workplace, you must take steps to stop the harassment. Reach out to a Pittsburgh employment lawyer because a lawyer knows what steps to take to ensure that your case results in a favorable outcome for you. Moreover, we offer a free and immediate consultation with a sexual harassment attorney. Call us at 412-626-5569 or email us at lawyer@lawkm.com.