Thursday, November 16, 2017

#MeToo - The Rules and Deadlines for Sexual Harassment Claims - A List of Most Famous Sexual Predators

Cosby, Trump, O'Reilly, Weinstein, Ailes, Thomas -
Just to Name a Few
Why Don’t More Women Complain About Sexual Harassment in the Workplace?

Every week, I received no less than 20-30 e-Mails or phone calls from employees seeking guidance on a vast array of workplace issues.

Once every three or four months, I actually receive a communication from someone seeking representation concerning a sexual harassment claim.

Far More Common Than Reported

You heard me right - once every three or four months. I have lamented in the past that for a variety of reasons, women do not come forward with sexual harassment claims.  


I have questioned why it is that my social media efforts, which generate a fairly substantial stream of constant pretension potential client inquiry, almost never generate a call concerning sexual harassment. Is there something I’m doing wrong? Yet, I have talked to other colleagues, and it seems like they have the same type of experience. Indeed, I cannot remember the last time I saw a case involving an “ordinary” female employee in the Philadelphia area who made a claim of sexual harassment that generated any notoriety. Heck, I think you have to go back to the 1993 verdict in the case brought by Philadelphia lawyer Kathleen A. Frederick against Philadelphia lawyer, and then-Barnes Foundation curator, Richard H. Glanton

How Long Do I Have to File a Claim of Sexual Harassment, Retaliation or Hostile Work Environment?

In order to protect your rights under Title VII to pursue a claim of sexual harassment, you have to file a Charge of Discrimination with the Equal Employment Opportunity Commission within 300 days of the first act of harassment. If thereafter you are subject to retaliation, you must file a Charge relating thereto within 300 days of the act of retaliation. If you fail to meet this deadline, it is extremely likely that you will be prohibited from ever taking any legal action under Title VII relating to the mistreatment to which you have been subjected. 

Few Exceptions to 300-Day Rule Exist...
And deadlines for filing similar charges under state and local laws are usually shorter than EEOC's 300 days (for example, to preserve your rights under Pennsylvania state law, you must file a Charge within 180-days of the act of harassment/retaliation). 

Click Here to read a more comprehensive and recitation as to the timing of preserving one’s rights under state, federal and local municipal employment laws.

A recent article published by Money.com, The Decision to Name or Not Name a Sexual Harasser cites a study from Lilia Cortina, professor of psychology and women's studies at the University of Michigan.  The study found that two-thirds of employees who complained of sexual harassment said they suffered retaliation after they reported. According to Ms. Cortina’s findings:

Women don't want to engage in the reporting process because it's              fundamentally a damaging process. Their reputations get damaged. It's distressing and humiliating to have to keep recounting your story again and again: to HR personnel, to investigators, to whoever keeps calling. Often they're met with disbelief, questions about what they were doing, what they were wearing, or just dismissive responses.



Should You Join the Movement?

Perhaps, though, the vast array of men who have confessed to sexually predatory practices will provide new confidence to the #MeToo movement.  Recently, CNN published an article, The (incomplete) list of powerful men accused of sexual harassment after Harvey Weinstein, containing 11 such confessions from famous or powerful men accused of such behavior.

Many “Deeply Sorry and Ashamed” Men Out There
Should I Hire a Lawyer Before I Complain About Sexual Harassment at Work?

Suggestion: Employ Counsel
If women wish to take the next step towards equal opportunity (and of course they do!), that is the right to be free from sexual predators at work, they’re going to need to step up their game when it comes to complaining about such workplace misbehavior. It is my humble view that making a complaint without representation by counsel is a mistake, because retaliation is much more likely if an employee is not represented by counsel.


Philadelphia Area Sex Harassment Attorney Representing Employees

Representing Pennsylvania's Workforce Since 1991

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania. 

John typically represents workers who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

Pennsylvania Sexual Harassment Attorney Provides Free Telephone Consultations (15 Minutes in Duration)

If you are looking for an experienced secual harassment lawyer, and live in Radnor, Villanova, Wayne, Paoli, Malvern, Frazer, Exton, Downingtown, Phoenixville, Royersford, Oaks, Pottstown, Bryn Mawr, Ardmore, Broomall, Newtown Square, Media, Nether Providence, Swarthmore, Blue Bell, Pennlyn, Lower Gwynedd, Doylestown, Chalfont or any of their surrounding towns, feel free to send me an e-mail or give me a call.  I am always glad to spend some time with people via a free telephone consultation.

Philadelphia Area Hostile Work Environment and Retaliation Lawyer

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues

Click Here to e-mail John directly.

Thanks for checking in with us.






Thursday, October 19, 2017

"If I Quit My Job, Will I...." -- Career Advice No One Will Give You

Rarely in Your Best Interest
Should I Quit My Job?  "If I Quit my Job, Will I....."

I received thousands of calls a year from employees, and perhaps the most common questions I get are some variant of the following:

"If I quit my job, will I:

* be eligible for unemployment?
* be eligible for my bonus?
* continue to receive my commissions?
* still be bound by my non-compete?"

I am not a proponent of resignations, for many reasons.  Too much is sacrificed and, outside of instant gratification/peace of mind, little is gained.  It is always easier to find a new job when currently employed, so my advice in most situations is - hang in there and let them fire you (or, hopefully, find a new job first!).

You Are NOT Alone
Today I happened across and excellent article by Minou Clark at Huffington Post, entitled, "The Best Career Advice and Tips: Younger Bosses, Bad Fonts and Knowing When to Travel." Ms. Clark's article is actually an anthology of articles recently published by HuffPost.  I am going to run down some of my favorites, with links for those so inclined:

1) Career Advice No One Will Give You

As the article says, some people will not like you, some people will try to antagonize you and sometimes a relationship with your superiors cannot be made kosher. We all know this and, when we are meditating, it is easy to say that we will let things go and deal appropriately when such situations arise. However, in practice, I find that a startling amount number of people are unable to let things slide. Let things slide, suggests - and I agree with her.

We Can Work It Out...
Look, some of my best friends started out as my worst enemies, and I know that I am immune not unique or alone. You may find it if you can work through the turmoil, a for tile work relationship you never imagine will grow.  Bring those meditative thoughts into work with you.

2)  Best Career Advice for Millennials

Be humble. By the same token, at the same time, try to make an impact on your new employer by taking responsibility and asking to lead projects. At first you may be denied the opportunity but, if during the early stages of your employment you are transparent - admitting that you do not know something, seeking help rather than acting blindly and making a costly mistake - opportunities will open up.

The social, take an interest in your colleagues. I think it is fair to say that the thing that we all enjoy talking about the most are the things that interest us. Further, the people that we get along with pastor those that share our common interests. Make no mistake, getting along with others is probably the most important component of employment. If I do not like someone, I will be unwilling to promote them despite their skill set. If I do like someone, I will be willing to promote that even if I feel they are not quite ready for the opportunity.

3) Best Career Advice for Older Workers and Baby Boomers

They say you cannot teach an old dog new tricks. That adage can be particularly problematic if you walk around saying that you don't understand new technology. Keep it to yourself and spend some extra time at night learning the new technology. The last thing you want to say to a supervisor that is in his or her 30s is that you don't understand and are unwilling to learn new technology. If you do that, you draw such a stark contrast that it will be very difficult to find common ground between the two of you.

Biscuits are on Sale Today?!
The world has changed since 1988. Who knows that better than the people that have been educated within the last decade? Who knows that better than the people have started their career within the last 15 years? Ask those types of people for guidance in areas about which you are unsure. No one hates someone who is humble - and everyone is willing to pass along their knowledge to those who are humble enough to ask.

4) The 9 Worst Mistakes You Can Ever Make at Work

These are things that you hopefully learned at your first job and are in many ways the inverse of the above suggestions. That said, here they are:

As True Today as When You Were 12
   a.  Backstabbing

   b.  Gossiping

   c.  Taking credit for someone else's work

   d.   Engaging in emotional hijacking (exploding at work, blaming others, etc.)

    e.  Announcing that you hate your job

    f.   Telling lies

    g.   cooking/eating/bringing fish, onions, etc. for lunch (a pretty clear demonstration that you do                not care about your co-workers)

    h.   Burning bridges by "dropping an atomic bomb on any professional relationship."  Some                      things,  you cannot undo...

I hope that you found this helpful and feel free to click on any of the above links for more insight

Pennsylvania Employment Lawyer

Philadelphia Area Employee Rights Lawyer Representing Employees
 John A. Gallagher is an employment lawyer who represents employees in Pennsylvania. 

John typically represents workers who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.


Call 610-647-5027
Pennsylvania Employment Employment Attorney Provides Free Telephone Consultations (15 Minutes in Duration)

If you are looking for an experienced employment attorney, and live in Wayne, Radnor, Villanova, Berwyn, Devon, Ardmore, Paoli, Malvern, Charlestown, Exton, Oaks, Downingtown, Mether Providence, Swarthmore, Media, Quakertown, Lansdale, Springfiled or West Chester, or any of their surrounding towns, feel free to send me an e-mail or give me a call.  I am always glad to spend some time with people via a free telephone consultation.

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues

Click Here to e-mail John directly; Mr. Gallagher has handled hundreds of Referee Hearings throughout Pennsylvania.

Thanks for checking in with us.


Monday, October 16, 2017

Is President Trump a Malignant Narcissist?

Rolling Stone's Matt Taiibi Makes Compelling Case that Donald Trump Mentally Ill
Please Don't Reject Out of hand Until Reading

The always stellar Matthew C. ("Matt") Taiibi, who is in my view as important a journalist existing today in America, has done it again in his incredibly thought-provoking, and disturbing, "The Madness of Donald Trump," featured in issue 1297 of Rolling Stone, which hit newsstands on October 5, 2017.

Matt Taiibi - America Owes it to Itself to Read Him Regularly
This article is not for those who find reading words on paper for more than 5 minute tedious, unnecessary and/or unduly burdensome, or for those unwilling to consider some very disturbing facts about our president, most culled from his own lips.  Those folks are welcome to their habits and beliefs (as Taiibi himself acknowledges).

If, however, you are interested in exploring the mental state of our president from afar, through analysis of his own words and deeds -- and through the prism of psychological doctrine -- then please find 15-minutes, a beverage of your choice and a place of solitude.

It would be impossible for your humble messenger to dissect, explain, rationalize, advance or condemn Mr. Taiibi's brilliant tableau vivant  - I have neither the training, knowledge nor words.  What is simple, however, is to lay out some of the passages I find most compelling:

Suffering a Significant Mental Disorder?

Evening, August 22nd, 2017, a convention center in Phoenix. It's Donald Trump's true coming-out party as an insane person. 

                          .....................................................

Moreover, after shrugging off a thousand other scandals, Trump seems paralyzed by the Nazi thing. He can't let it go. Say one nice thing about Nazis, and it's like people can't get over it. Unfair!

He plunges into a 77-minute rant on this subject, listing each offending news outlet by name. In a nicely Freudian twist, he starts with The New York Times, which incidentally is the same paper that nearly a century ago identified "Fred Trump of 175-24 Devonshire Road" – the president's late father – as a detainee from a 1927 Ku Klux Klan rally in Queens.

That old family shame might be why the president, who's always denied Fred Trump was a Klansman ("Never happened"), is having such a hard time with Charlottesville and race. He rails against the "Times, which is, like, so bad," moves on to the "Washington Post, which I call a lobbying tool for Amazon" and winds up with "CNN, which is so bad and pathetic, and their ratings are going down." 

 CNN's ratings aren't down. The network's second-quarter prime-time viewers just cracked a 1 million average, its most-watched second quarter ever, largely due to the blimp wreck of the Trump presidency. It's the one incontrovertible achievement of this administration. 

             ...................................................................................

The audience seems into it for a while. But it goes on too long. During the campaign, Trump was expert at keeping a hall buzzed with resentment for an hour or so. But he hits weird notes now. He goes off on a tangent about his enemies, it's not clear which ones. "They're elite?" he says. "I went to better schools than they did. I was a better student than they were. I live in a bigger, more beautiful apartment, and I live in the White House, too, which is really great."

 "You know what?" he goes on. "I think we're the elites. They're not the elites."

No one is counting fingers, but you can tell people are having trouble making the math work. We're elite because you have a nice apartment? Campaign Trump bragged endlessly about his wealth – "I have a Gucci store that's worth more than Romney" was a classic line – but back then he was selling a vicarious fantasy. Trump's Ferrari-underpants lifestyle was the silent-majority vision of how they would all live once the winning started. But candidate Trump was never dumb enough to try to tell debt-ridden, angry crowds they were already living the dream.

At one point, Trump ends up standing with a piece of paper in hand, haranguing all with transcripts of his own remarks on Charlottesville. To prove that he's been misquoted or misunderstood, he goes through the whole story, from the beginning. It gets quiet in the hall.

It's an agonizing parody of late-stage Lenny Bruce. The great Sixties comedian's act degenerated into tendentious soliloquies about his legal situation (he had been charged with obscenity). Bruce too stood onstage in his last years for interminable periods, court papers in hand, quoting himself to audiences bored to insanity by the spectacle. 

This is exactly Trump. Even his followers are starting to look sideways at one another. In a sight rarely seen last year, a trickle of supporters heads for the exits. Then Trump cracks.

"The only people giving a platform to these hate groups is the media itself, and the fake news," he says, to tepid applause.

He stops and points in accusing fashion at the press riser.

"Oh, that's so funny," he says. "Look back there, the live red lights. They're turning those suckers off fast out there. They're turning those lights off fast."

We reporters had seen this act before. On October 10th of last year, in Wilkes-Barre, Pennsylvania, at one of the most massive rallies of the campaign, Trump accused CNN of shutting down the feed because he was criticizing their debate coverage. In that case, a camera light really did flicker, but CNN was actually turning the live feed on, not off. That was possibly an honest mistake. Possibly also it was Trump just pulling the media's tail, tweaking us with a line of bull, as he had with countless other provocations. The general consensus of attendant journalists that night was that Trump was messing with us.

Phoenix is different.Trump seems to believe what he's saying. He really thinks that not just CNN, but all of the networks are shutting down their feeds, overwhelmed by the power of his words. "Boy, those cameras are going off," he says, coming back to the subject. "Oh, wow. Why don't you just fold them up and take them home? Oh, those cameras are going off. Wow. That's the one thing, they're very nervous to have me on live television..."

The president of the United States is seeing things. He might as well be shooing imaginary ants off his suit. His followers still love him, but even they're starting to notice. They come for the old standards, but this new Trump material gets mixed reviews.

Outside, a fan gives the speech a half-hearted thumbs up. "I liked 'Lock her up,'" the man says with a shrug. "They did that for a little while." 

                                           .............................................

People pay the most attention to Trump's political deceptions: that 3 million "illegal" voters lost him the popular vote, that Hillary Clinton wants to "release the violent criminals from jail," that Ted Cruz's father was linked to the JFK assassination, and so on. "We are the highest-taxed nation in the world" was a notable recent whopper.

But those lies may be strategic, and Trump probably isn't married to them anyway, given that he doesn't appear to have real beliefs. Trump picks his political positions like ties: whatever's on the rack. Under duress, and with no way to escape, he will sometimes cop to being full of it, like the time he finally admitted, "Obama was born in the United States," after five years of bleating the opposite.

But sit him in front of a doctor and see what happens when you ask: Who had the larger inaugural crowd, him or Obama? Or: Would he ever admit the Boy Scouts never called to tell him his speech was the "greatest ever"? Trump might struggle here. It's the countless little fairy tales he tells himself about his power and infallibility to which he clings like a dope fiend to a $10 bill.

Everyone with half a brain and a recent copy of the DSM (the Diagnostic and Statistical Manual of Mental Disorders, used by shrinks everywhere) knew the diagnosis on Trump the instant he joined the race. Trump fits the clinical definition of a narcissistic personality so completely that it will be a shock if future psychiatrists don't rename the disorder after him. 

Grandiosity, a tendency to exaggerate achievements, a preoccupation with "fantasies of unlimited success, power, brilliance, beauty or ideal love," a belief in one's specialness (which can only be understood by other special people), a need for excessive admiration and a sense of entitlement – sound like anyone you know?

Trump's rapidly expanding list of things at which he's either a supreme expert or the Earth's best living practitioner would shame even great historical blowhards like Stalin or Mobutu Sese Seko.

As the "world's greatest person" at restricting immigration, who is "good at war" and "knows more about ISIS than the generals," and who is the "least racist person" with "the best temperament" who knows "more about renewables than any human being on Earth," insists "nobody reads the Bible more than me," and even knows more about New Jersey Sen. Cory Booker "than [Booker] knows himself," Trump by his own description is not a splenetic rightwing basket case at all, but just a cleverly disguised cross of God, Norman Schwarzkopf, Coretta Scott King, Gloria Steinem, Pope Francis and, apparently, Cory Booker's mother, Carolyn. 

                           ................................... 

Trump wasn't always crazy. He wasn't even always obnoxious. Many Americans don't remember, but the Donald Trump who appeared on TV regularly in the Eighties and Nineties was often engaging, self-deprecating, spoke in complete sentences and (verbally, anyway) usually lived up to his expensive schooling. He'd say things like, "These are the only casinos in the United States that are so rated," and use words and phrases like "a somewhat impersonal life" and "money isn't a totally essential ingredient."

The difference today is striking. Trump has not only completely lost his sense of humor, particularly about himself, but he's a lingual mess. In his current dread of polysyllables – his favorite words include "I," "Trump," "very," "money" and "China" – he makes George W. Bush sound like Vladimir Nabokov. On the page, transcripts of his speaking appearances often look like complete gibberish.

"When I did this now I said, I probably, maybe will confuse people, maybe I'll expand that," he said to Lester Holt in May, "you know, I'll lengthen the time because it should be over with, in my opinion."

The difference even since last year is hard to miss, and why not? The presidency severely ages and stresses even healthy people. From Obama to Bush to Jimmy Carter, presidents on their last day of office often look like med-school cadavers. President Trump already looks older, has a lower frustration threshold and seems only to have two moods, rage and sullen resignation (a.k.a. pre-rage).

He also can barely speak anymore, but without a close-up examination it's impossible to say if this is a neurological problem or just being typically American. As the psychologist Michaelis puts it, one major cause for loss of cognitive function is giving up reading in favor of TV or the Internet, which is basically most people in this country these days. 

The above-excerpts are not an effort to do the article justice. Only reading the article, which examines psychiatric indicators of malignant narcissism and concludes that in many ways President Trump is no different than many Americans - we are as a Nation ill -- can allow one to form sound opinions on the issues at hand with our president.  The problem is that he is the POTUS and thus capable of great harm.  Read it if you will and - if you will - I am sure you will see fit to pass it along - because we owe it to ourselves to do so.

We Chuckled Once - Now We Cringe
This is not about politics, or liking Donald Trump (I once did a great deal).

No.

This is about asking our Senators and congress people to do the right thing - if and when the time comes.

Representing Pennsylvania' Workforce Since 1991
John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.

John typically represents workers who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

Pennsylvania Employment Attorney Provides Free Telephone Consultations (15 Minutes in Duration)

If you are looking for an employee-rights lawyer, and live in Malvern, Villanova, Wayne, King of Prussia, Downingtown, Phoenixville, Charlestown, Devault, Glenside, Doylestown, Radnor, Newtown Square, Exton, Philadelphia, West Chester, Skippack, Devon, Quakertown, Langhorne, Haverford, Nether Providence, Broomall, Drexel Hill, Reading or any of their surrounding towns, feel free to send me an e-mail or give me a call.  I am always glad to spend some time with people via a free telephone consultation.

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues

Click Here to e-mail John directly; Mr. Gallagher has handled hundreds of Referee Hearings and Contingent Fee Lawsuits throughout Pennsylvania.

Thanks for checking in with us.




Thursday, October 12, 2017

Should I Sign a Severance or Separation Agreement Requiring Me to Consent to a Non-Competition Restriction?

Philadelphia-Area Lawyer Experienced in Non-Compete Agreements

Fighting Non-Competes Since 1991

 Questions?  John will spend 5-10 minutes with you discussing your current work situation, your disability/FMLA leave, your employment/non-compete contract, a separation agreement, your wage or overtime claim, your unemployment appeal or your potential lawsuit at no charge to you.  Call 610-647-5027.  John is usually available 24/7.

You may also Click Here to e-mail John directly.

There are some crucial decisions to be made when your former employer offers you a Separation Agreement which includes an offer of severance but requires you to agree to confidentiality, non-competition and non-solicitation provisions, not to mention a Release of all claims you may have against the company.


Can Be Tricky
NOTE: If the company has a written policy stating that you are entitled to severance in case of termination without cause, but does not specify the you must agree to restrictive covenants such as a non-solicitation or non-competition clauses, then you want to contact counsel immediately. Why be forced to agree to something that you should not be forced to agree to in exchange for something that you are entitled to no matter what?

Can Greatly Limit Your Vocational Mobility

Does it Make a Difference if I Have Already Signed Non-Compete Agreement?

It certainly does. Courts look much differently at non-compete contracts signed by an employee when he\he starts a job, versus one signed by the employee in exchange for compensation in the form of severance upon departure from employment. That is to say, courts are less likely on balance to fully enforce a non-compete signed by an employee at the commencement of employment, which they often consider something like contracts of adhesion (i.e. one in which you had no choice), versus a non-compete signed by an employee in exchange for compensation at the end of employment, which they view as a far more voluntary act by the employee.

Consequently, when you receive an offer of severance in a separation agreement that includes restrictive covenants such as a non-competition clause, it is imperative that you first determine whether you previously signed a document that contained such a provision. If you have not previously signed such a contract, you will be free from limitations on your ability to obtain new employment unless you sign the separation agreement.

One clue to look for is this: if you will not previously signed an employment -related document that includes restrictive covenants such as those relating to confidentiality, non-competition and non-solicitation, the severance agreement will contain full and complete restrictive covenants. If, on the other hand, you have already signed a document containing such restrictive covenants (when you took the job, for example), the separation agreement may merely ask you to affirm that you continue to be willing to abide by the terms of the existing restrictive provisions.

NOTE: In some cases, a non-compete agreement that you previously acquiesced to may not be enforceable unless you sign a severance agreement affirming your willingness to comply with the terms thereof.


Employee Subject to RIF "Worthless"

Under Pennsylvania Law, if an Employee has been Separated due to Reduction in Force, Layoff or Alleged Poor Performance, a Previously Agreed Upon Non-compete Contract May be Void

In Pennsylvania, an employee that has been let go through no fault if his/her own may been deemed a “worthless employee” so that some or all of a previously executed non-competition agreement is considered void.

However, if an employee that is been subjected to a layoff, etc., signs a separation agreement wherein the employee agrees to abide by the terms of the previously agreed upon restrictive covenants, then the employee has waived any arguments that the original contract is void pursuant to the worthless employee doctrine. Simply stated, courts view a separation agreement as being a brand-new contract and the payment of severance in exchange for the employee’s promise to abide by the restrictive covenants in question will be deemed to overcome the worthless employee argument.

That's Consideration!



Under Pennsylvania Law, a Non-Compete Agreement Signed After the Employee Commences Employment is Non-Binding Unless the Employer Provides “Additional Consideration” to the Employee

In addition to the worthless employee doctrine, there is another principle under Pennsylvania law to bear in mind.

While a non-compete covenant signed at the outset of employment is always considered to be supported by adequate consideration (i.e. value given in exchange for the employee’s promise to comply with the restrictive covenant), one signed weeks, months or even years after the commencement of employment may not be enforceable unless the employee was at the time that the non-compete was executed provided with “additional consideration.”

In this context, “additional consideration” may take many forms, such as a promotion, payment of money in the form of a bonus or raise, entitlement to participate in an employee benefit plan, the granting of stock options, etc.


I Have Never Signed Non-Compete Contract with My Employer and Now I Have Been Let Go -- Should I Agree to a Non-Compete in Exchange for a Severance Payment?

In this scenario, one must determine whether the value of offered severance payment outweighs the restrictions of the non-compete clause. If you been offered 6-months of severance in exchange for a 6-month non-compete, the answer may be easy. But suppose you are offered 2-months of severance and in exchange for a 2-year non-compete, a much more common scenario? Bear in mind the deterrent effect of a non-compete when seeking new employment may be substantial. It is no secret that prospective employers are quite gun-shy when confronted with the decision to hire an applicant bound by a non-compete limitation. 

Absence Does Not Make Client's Heart Grow Fonder

Up to this point, this Post has generically referred to “non-compete agreements.” This is the short-hand terminology for such contracts but, as noted above, many employment agreements also contain confidentiality and non-solicitation restrictions as well.

Non-solicitation clause found in such agreements typically prohibit employees from accepting business from any customer or client of their former employer for a year or two following the employee’s departure. For employees in “customer facing positions,” such as recruiters, salespersons and account managers, such a non-solicitation covenant can have devastating consequences. After all, even soldiers who go off to war have been known to lose their girlfriend/boyfriend after a year or two…

Representing Pennsylvania's Workforce Since 1991

Philadelphia Area Non-Compete Attorney Representing Employees

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania. 

John typically represents workers who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

Pennsylvania Non-Compete Agreement Lawyer Provides Free Telephone Consultations (15 Minutes in Duration)

If you are looking for a lawyer who regularly handles non-competition cases, and live in Paoli, Charlestown, Malvern, Devault, Exton, West Chester, West Goshen, King of Prussia, Villanova, Wayne, Devon, Berwyn, Bryn Mawr, Haverford, Ardmore, Newtown Square, Broomall, Media, Nether Providence, Swarthmore, Radnor, Springfield, Blue Bell, Plymouth Meeting, Chestnut Hill, Lower Gwynedd, Skippack, Dolestown or any of their surrounding towns, feel free to send me an e-mail or give me a call.  I am always glad to spend some time with people via a free telephone consultation.

Need an Experienced Lawyer for a Non-Compete in the Philadelphia Area?

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues

Click Here to e-mail John directly

Thanks for checking in with us.

Friday, September 8, 2017

What Do I Do If I am Unable to File My Bi-Weekly Unemployment Claim in Pennsylvania?

PHILADELPHIA EMPLOYMENT LAWYER
Need Legal Help With a Severance Agreement?
John Gallagher's Philadelphia Area Law Firm Negotiates
All Types of Employment Contracts
610-647-5027 or jag@johnagallagher.com

Philadelphia area employment lawyer John A. Gallagher represents Pennsylvania employees located in towns such as King of Prussia, West Chester, Media, Norristown, Villanova, Radnor, Paoli, Bryn Mawr and Wayne review and negotiate Severance Agreements.  Located in Chester County, Mr. Gallagher will provide an evaluation of your Separation and Release Agreement for a reasonable flat fee and, where appropriate, will try to increase the amount of severance you have been offered on a Contingent Fee basis.

What Happens if I am Unable to File my Claim During the Unemployment Appeal Process in Pennsylvania?

Here is an e-Mail I received from a client today:

John,

I just got through to the UC Services Center.  They had to "reset" their system in order for me to file claims for the past weeks that were never paid.

A piece of advice here for the future.  Please share this with your clients that are going through a UC Appeal process.  What I learned today is that - EVEN THOUGH THE WEBSITE WILL NOT LET YOU FILE A CLAIM DURING THE APPEALS PROCESS - YOU STILL HAVE TO FILE!  THE ONLY WAY TO FILE IS TO CALL THE UC SERVICES CENTER.  I was told that I should have known this by reading the UC handbook.  

So, they reset the system, and I just filed for 6 weeks electronically.  Now there is a catch here.  For the weeks that I was untimely in filing for, a "decision" will be made as to whether or not I get paid.  Messed up to say the least.

At any rate, thanks for your response, John.  Talk to you soon.  


Regards,

Client

In Pennsylvania, Claimants Must Continue to File Bi-Weekly Benefit Claims After You Have Appealed a Notice of Determination and/or While Awaiting a Referee Decision Following an Unemployment Hearing

This client had recently won an Unemployment Referee Hearing, but was not able to file his bi-weekly claims either after he appealed from a Notice of Determination denying benefits or after he had won his Referee Hearing.

I have received many such calls, so I expect many Pennsylvania workers are experiencing similar problems.  Hope this helps.

Here are phone numbers for the various Pennsylvania Unemployment Service Centers:

UC Services Phone Numbers
UC Service Center Statewide
Toll-Free Number
888-313-7284
TTY Services for Deaf and
Hard-of-Hearing Toll-Free
888-334-4046
Videophone Service for ASL Users-
Wednesdays, noon-4 p.m.
*Sign language is the ONLY means of communication provided at this number.
717-704-8474
UC Service Center Fax Numbers
Altoona814-941-6801
Scranton570-562-4385
Erie814-871-4863
Indiana724-599-1068
Duquesne412-267-1475
Harrisburg717-214-5463
UC service center hours of operation are 8 a.m. - 4 p.m. Monday, Tuesday and Thursday with Monday being a heavy call day. 



Need Legal Help With a Willful Misconduct or Voluntary Quit Case?
John Gallagher's Philadelphia Area Law Firm Has Represented Hundreds of Claimants at Pennsylvania Unemployment Referee Hearings
610-647-5027 or jag@johnagallagher.com

John A. Gallagher is an experienced unemployment lawyer located 15 miles west of Philadelphia who represents claimants at Unemployment Referee Hearings held in Bristol, Springfield, Philadelphia, King of Prussia, Malvern, Lancaster and Reading.  

If you have received a Notice of Hearing, Mr. Gallagher will provide a FREE telephone evaluation of your unemployment claim. If he believes there is a reasonable chance for you to win with his assistance, he will then provide a reasonable flat fee to represent you at the Hearing.  John has handled hundreds of Pennsylvania Unemployment Referee Hearings involving:

·       willful misconduct

·       voluntary quit


·       self-employment

·       sideline business

·       overpayments

If you have filed for Pennsylvania Unemployment Compensation and believe you need legal help with an issue relating to your application, questionnaire, Referee Hearing or appeal, call or e-Mail John (please include your phone number) and Mr. Gallagher will spend a few minutes reviewing the situation with you and, if he believes he can help, he will explain why and how, and will quote you a reasonable flat fee.