Monday, October 8, 2018

What is an ILLEGAL Hostile Work Environment? Workplace Bullying Alone is Not Illegal in Pennsylvania

Being Treated Unfairly or Cruelly at Work or Being Bullied is NOT Illegal UNLESS...

If mistreatment by co-workers or bosses was illegal, I would have retired 15 years ago.

Sorry to Say - Mere Bullying is NOT Illegal
People mistreat other people.  They single people out, they isolate people, the bully people.  Folks that are in power, or perceive an advantage in a political or power dynamic, are especially guilty of this.  If the courts permitted everyone who felt they were being treated unfairly or poorly at work to "seek justice" by having a trial - the courts would shut down - like next week.

What is an At Will Employee in Pennsylvania?

The at-will employment doctrine stands for the proposition that you can be fired for any reason (that is not illegal) and, since termination is a workplace death sentence, it stands to reason that you can be demoted, not promoted, isolated or bullied for any reason - without recourse - unless the reason for the mistreatment is illegal.

What is an Illegal Hostile Work Environment?

Keeping it short and simple: if you are being subjected to mistreatment because of your protected status (age, sex, race, national origin, disability, religious belief, pregnancy)...

It is Illegal to Mistreat Someone in the Workplace
Because of His/Her Protected Characteristic
 OR as a result of sexual harassment 

Sexual Harassment by Your Boss is per se Illegal
OR in retaliation for a specific complaint based on your reasonable belief that you have been treated unfairly because of any of the above...

If You Complain About Illegal Workplace Misconduct and are Punished -
That is Illegal Retaliation
OR because you have asserted your rights under certain statutes such as the Family and Medical Leave Act ("FMLA"), the Americans With Disabilities Act (seeking a reasonable accommodation), the Fair Labor Standards Act (overtime), Pennsylvania's Workers' Compensation Law and some others as well.

Retaliation Against Employee Who Has taken Family Leave, Sought a Reasonable Accommodation or Filed a Workers' Compensation Law Illegal

Those are the basic facts - and that is the basic law!

Representing Pennsylvania's Workforce Since 1991
      Philadelphia Area Hostile Work Environment 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 Workplace Sexual Harassment Lawyer Provides Free Telephone Consultations (15 Minutes in Duration)

If you are looking for legal counsel concerning a claim for possibly illegal sexual harassment, hostile work environment or retaliation, and live in Exton, Paoli, Frazer, Downingstown, Phoenixville, Lower Gwynedd, West Chester, Blue Bell, Upper Providence, Royersford, Newtown Square, Springfield, Oaks, Lansdale 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.

Call 610-647-5027
Need an Experienced Workplace Attorney in Chester, Delaware, Montgomery Bucks Berks or Philadelphia County?

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.

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