Philadelphia Employment Lawyers
The need for employment lawyers arises when an employee sues an employer over an issue related to a condition of employment or of the employee’s termination from his or her job. The claims may include: wrongful termination, sexual harassment, discrimination, workers’ compensation issues, whistleblower and qui tam cases which involve false claims that cause financial harm to the federal government. Employment lawsuits can also be filed by a person who has been refused employment and who believes that they were not hired based on a discriminatory decision-making process.
If an employer withholds wages, or fails to pay overtime, an employee can file a claim under the Wage Payment and Collection Act. Filing a claim allows for the recovery of all monies owed, plus a 25 percent penalty and compensation for all legal fees incurred.
Other employment litigation revolves around whether an employee’s civil rights have been violated by the employer, and may include questions of what tasks are included in an employee’s responsibilities, the way that an employee is treated, and whether an employee is given adequate opportunity for promotion.
Employment law is a complex area of the law, and litigating issues regarding employment can be both emotional and disruptive. If you are an employee who feels that you have been treated unfairly, or an employer that is facing the prospect of a lawsuit being filed against you, it is essential that you seek the counsel of attorneys that are experienced in the practice of employment litigation. The Philadelphia employment lawyers at Bochetto & Lentz represents both employers and employees regarding workplace legal issues. Our knowledge of both federal and state employment law as well as our experience in employment litigation enables us to provide you with the advice and representation you need to take your case to trial.
Employment law encompasses a wide range of topics. Wrongful terminations directly address whether an employee feels that their employment was ended unjustly. Though employers are usually permitted to terminate employment at will, they are prohibited from doing so based on discrimination, retaliation, and employee’s refusal to commit an illegal act or in violation of their own established termination procedures such as those that may be spelled out in an employee handbook. Similarly, during the course of employment an employer is not permitted to act in a discriminatory way. Employers are required to provide an environment that is safe from both discrimination and sexual harassment, and in cases where either of these offenses is proven to have taken place, the employer may be held legally responsible to compensate the employee.
If an employee has a written contract, they may also bring a claim for damages asserting a breach of contract.
When an employee is witness to illegal actions on the part of their employer and testifies against their employer, they face the possibility of retaliation at work. This is a violation of their rights, and employees can seek protection against this type of action, and can recover both damages and legal fees.
Workers’ compensation is a type of insurance provided for the protection of employees injured in the course of their employment. When false claims are made or an employer attempts to deny the claim employment litigation may be necessary.
Philadelphia Workers Compensation Lawyers
Workers compensation is an insurance program that was specifically established to meet the needs of injured workers in the United States. It came about during the early part of the twentieth century, when workers were frequently injured in industrial or factory settings and had a difficult time getting compensation from their employers. Today the system enables workers who have been hurt on the job, and their families in instances when a worker has been killed, to receive a previously established amount of compensation. Although the amount that is received may not be equivalent to what would likely be won in a personal injury case, it eliminates the high costs and time spent on filing a lawsuit, and provides a guarantee that a benefit will be paid. The disadvantage of accepting workers compensation benefits is that it frequently means forfeiting the right to sue at a later time. The advantage is that the employer cannot deny coverage based on the worker’s role in his own injury.
Workers compensation in the United States is almost entirely administered through state-run agencies, and though they are largely similar there are differences in what compensation and benefits are offered, as well as which injuries and illnesses are covered by the policy. Workers compensation provides for medical expenses as well as almost all earnings that are lost as a result of the injury or illness that is suffered. In most cases the medical expenses are covered immediately and the lost wages benefit begins within the first week that the injury results in lost time at work. Workers compensation may also replace lost future earning or vocational or physical rehabilitation and training if it is needed. In instances when an employee is killed in a workers compensation-covered incident, their family is generally provided with funeral expenses and may also receive a wage replacement benefit.
Workers compensation is available for almost every American workers. Though different states have different regulations, in most the only exemptions are for company owners, businesses with five or fewer employees, agricultural and domestic workers and independent contractors. Maritime workers are generally covered under maritime law, a benefit created specifically to provide for those who work at sea or on navigable waters. Similarly, longshore and harbor workers also have their own form of workers compensation.
Workers compensation specifically covers injuries that occur while at work, as well as any illness or ill effects that result from work. Though workers cannot file workers compensation for injuries sustained while on the way to or from work, they can file a claim for injuries incurred while running work errands, travelling specifically for work, or on a work delivery.
Workers compensation rules can be complicated, and often times employers can make it difficult or uncomfortable for a worker who is filing a claim despite the fact that this is counter to the intent of the coverage. If you have been injured on the job or have been denied workers compensation coverage an experienced workers compensation attorney can be of great assistance.
In all cases of employment litigation, the goal is to ensure that a party that has been treated unfairly or illegally is protected.
If you feel that your rights as an employee have been violated or that as an employer you are being wrongfully accused, contact the attorneys at Bochetto & Lentz for more information.