Should I Have a Lawyer Review My Executive Employment Contract?

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Executives Negotiate Favorable Employment Contracts.

Executive-level employees are often offered executive contracts or employment agreements. For employers, a contract can ensure that the executive will work for them for a predetermined amount of time, among other commitments. For the executive, a contract allows them to negotiate their compensation, criteria for raises, bonus structure, and severance payments.

It can be beneficial for anyone offered an employment contract to have a lawyer review the paperwork. An experienced employment lawyer can:

  • Demonstrate to the employer that you are serious about negotiating the best package possible.
  • Ensure that a proposed severance package will be adequate should you be let go.
  • Translate the legal jargon into understandable terms, so everything is clear.
  • Negotiate for a salary commensurate with the market.
  • Review noncompete and other clauses to ensure they will not compromise future employment.

In short, your lawyer will craft a complete negotiation strategy to make sure you are favorably covered in all aspects of employment: salary, vacation, bonuses, raises, termination, and postemployment provisions.

A terminated employee, executive or not, who is offered a severance package can also benefit from having a lawyer review the termination or severance agreement. This can help the employee understand all terms and expectations.

Most employers have deadlines for an employee to accept or reject an employment contract. That is why you should speak with a lawyer as soon as you receive the contract. Your lawyer will appreciate the extra time to craft a solid strategy that will include some or all of the following:

  • Compensation: Amount of compensation and timeframes for delivering payment.
  • Bonuses: Bonus criteria, amounts, and timing for payment.
  • Raises: Eligibility for raises, timing, and amounts.
  • Liability protection: A lawyer will review the contract to ensure appropriate insurance protections and agreements are in place to shield the executive from personal liability and indemnification.
  • Responsibilities: Full job description, title, duties, reporting structures.
  • Benefits and perks: Insurance coverages, such as disability and life insurance, medical plan/medical check-ups, 401k, pension, or other retirement plans, meal and entertainment reimbursement, company car, cellphone, housing assistance.
  • Stock rights: Stock amounts, vesting, exercising stock options, dilution of stock value; how stock options and vesting will be managed postemployment.
  • Timeframes: Length of contract and criteria for a contract extension.
  • Performance evaluations: Criteria and timing, benchmarks, and ratings to be used.
  • Post-employment provisions: Noncompete clauses, trade secrets, and intellectual property considerations. A lawyer will review these restrictive covenants to ensure the executive’s future employment is not jeopardized.
  • References: Agreement on what employer may disclose about the employee should they be terminated; how references will be handled.
  • Severance: Items the severance package will include compensation, timing and length of salary payments, benefits, such as insurance coverage and other considerations.
  • Confidentiality requirements: Most employment agreements require that an executive employee agree not to divulge confidential information acquired during employment. A lawyer will ensure that the employer provides for certain limitations, such as information that is publicly known or is already lawfully in an executive’s possession.
  • Continued employment: A contract should include salary, benefits, and perks should the executive remain with the company but in a different capacity. There should also be language that spells out what will happen to the executive and the position should the company be sold, taken over, or if there is a material change in job duties or reporting relationship.

An employment contract will also typically include the grounds for which an employer may terminate the executive’s employment and not pay severance benefits. This is called a “for cause” provision and will include reasons such as:

  • Employee’s felony conviction.
  • Employee has substantially failed to perform job functions.
  • Employee fraud or willful and material misconduct concerning the employer.
  • A willful and material breach of the employment contract.

In summary, an employment lawyer can help ensure that the high-ranking employee is protected both during and after employment.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Executives Negotiate Favorable Employment Contracts

Any employee offered an employment contract should reach out to one of our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We have helped many executives get substantial compensation and benefits packages. For an initial consultation, contact us online or call us at 215-574-0600. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

What Should I Do if My Company Gets Sued?

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help if Your Business Is Being Sued.

Businesses of all sizes and types are vulnerable to lawsuits. If the lawsuit progresses to a courtroom, there may be devastating effects on the company. It may hamper a business’s finances and funding, ability to operate normally, and even its reputation among customers and business partners.

Many smaller businesses do not have the luxury of in-house legal counsel. They may be taken by complete surprise when an employee, client, vendor, insurer, financial partner, or another party files a lawsuit against them. Common causes of business litigation include:

Act Quickly

Review the case with a trusted and experienced business lawyer. They can advise you on how they can help you respond. They may even find incorrect information from the start and move to dismiss the lawsuit. If information is correct, they will quickly put a preservation order in place to preserve relevant data, including documents and electronic materials.

As a business owner, you should never communicate directly with the person or entity that has filed the lawsuit to try and resolve the issue. Any words or actions can be held against you in litigation; always let a business lawyer speak on your behalf.

Inform Your Insurer of the Complaint

Most businesses have several different types of insurance policies to cover a variety of situations. They should immediately contact the appropriate insurer. Insurance will often cover costs, and the insurance company may also use its own counsel defense. Even so, the business should also keep its own counsel informed of proceedings.

Have Legal Counsel

A lawsuit usually comes with a requirement to submit a written response within 30 days or another timeframe. That is another reason to quickly hire legal counsel. The written response needs to come from a lawyer and must include:

  • Admittance or denial of each allegation.
  • Defense and counter/cross-claims against the plaintiff or other defendants.
  • Whether you want a jury trial or alternative resolution.

Before submitting the response, your lawyer will discuss with you options for resolution, insurance coverage, potential counterclaims, such as holding another party responsible, dismissals of all or part of a complaint, and other issues.

Tips for During and After the Case

As you and your legal counsel work toward negotiation or litigation, follow these tips to help ensure a successful process:

  • Be quiet: Do not discuss the case with anyone but legal counsel and those in the company who need to know.
  • Be honest: Do not hide any information or cover anything up. Your lawyer should never be surprised by new information.
  • Be prompt and diligent: Your lawyer will ask for a lot of information, and you must respond quickly to avoid delays.
  • Stay focused on your business: A lawsuit may be stressful, but it does not mean you are guilty of something. Let the appropriate parties decide that while you focus on running a good and ethical business.
  • Learn: If a lawsuit comes up, then review your employment-related practices, policies, handbooks, and management training. You should make changes where necessary.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help if Your Business Is Being Sued

Our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. have the skill and knowledge to defend your business if you are being sued. We provide counsel on business conflicts and disputes involving employment, partnerships, contracts, and other related issues. For an initial consultation, contact us online or call us at 215-574-0600. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

How Should I Handle Business Disputes?

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help You Resolve Business Disputes.

Business disputes will likely happen at some point, especially when there are high-value transactions involved. The more money that your business takes in, the more likely there will be internal or external disputes.

Business disputes should not cause duress unless they truly threaten your business and livelihood. There are many ways in which to handle the variety of business disputes that might arise. Most can resolve disputes outside of a courtroom. However, if business litigation is inevitable, an experienced lawyer will help you get the best possible outcome.

Additionally, many business disputes could be settled with the help of experienced third parties. A mediator could help two or more sides in a dispute to reach an amicable agreement that resolves the matter. An arbitrator could hear both sides of a business dispute and then render a decision by which both sides must abide.

Disputes with workers might have to go through the respective state agencies. They also might go through state or federal commissions tasked with handling such disputes. For example, if a worker files a discrimination claim, the federal Equal Employment Opportunity Commission (EEOC) would have to investigate before any kind of lawsuit might be filed against your business.

What Are Some Common Business Disputes?

Business disputes could be internal, external, or a combination of the two. The dispute might be with a business partner and one or more workers. It might be due to a contractual disagreement with another party. No matter the cause, the result usually means a negative impact on your business endeavors.

The four most commonly occurring business disputes include:

  • Partnership disagreements.
  • Disputes between two or more businesses.
  • Financial or contractual breaches.
  • Employment disagreements.

Partnership disagreements usually are the most common of all business disputes. Disagreements regarding business direction, finances, leadership changes, and hiring issues are common sources of partnership disputes. A breach of contract also might trigger an internal dispute among business partners.

Outside of the business, breaches of contract also commonly trigger legal disputes with other business entities. The breach might involve finances, products, or the improper delivery of services. Whatever the contractual obligation, external business disputes often arise.

Employment disputes often involve issues with pay or discrimination claims by one or more workers. Your business also might be on the receiving end of a discrimination complaint that may or may not have merit.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help You Today

If you are in the midst of a business dispute, our Philadelphia business lawyers and Sidkoff, Pincus & Green P.C. can help you resolve the matter. Call us at 215-574-0600 or contact us online to schedule an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

How Does a Non-Disclosure Agreement Work?

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Are Here to Help You With Any Concerns About NDAs.

A non-disclosure agreement (NDA) can be a useful tool for a business to protect sensitive information, such as trade secrets, internal company plans and data, and proprietary information and ideas. Having an NDA is important for your business and may even help prevent business litigation issues that may arise.

An NDA is often referred to as a confidentiality agreement, proprietary agreement, or a secrecy agreement. An NDA can be used to keep anything secret and can used in almost any industry or setting. Even governments use a version of NDAs to keep secrets from getting out.

An NDA might cover:

  • Client or customer lists.
  • System procedures or knowledge.
  • Software plans and coding.
  • Customer order history.
  • Marketing strategies and targets.
  • Schematics for new products.
  • Lawsuit settlements.

The main goal of an NDA is to describe the information that is considered sensitive and what will happen if it is leaked in violation of the contract. The holder of the confidential information named in the NDA may lawfully force the other person to pay monetary compensation for any damages incurred as a result of its unauthorized release of the information.

Quite often, an NDA is used where a company is attempting to entice new investors by showing the new people secret information. The potential new investors would be required to sign an NDA before they could see internal company financial data and trade secrets.

Is an NDA Legally Binding?

A properly drafted NDA will be legally binding. With that being said, sometimes, NDAs can be very complicated and have to be drafted and reviewed with a fine-tooth comb. There are times when an NDA may not be enforceable if it is overly broad. For example, if you forbid your employees from ever utilizing any information they acquire as a result of their employment, your NDA might be deemed void and unenforceable. The NDA has to be specific enough to address the main concerns of the parties but broad enough to cover any unforeseen information that the person might learn.

What Should Be Included in an NDA?

The following are the basic categories that need to be included in an NDA:

  • Party identification: It is important to be very specific as to whom the NDA applies to so that all parties know their place.
  • Definitions of confidential information: This is extremely important. You should describe specifically what information you want to capture within the NDA. You may want a detailed description or a list of numerous items that are classified as confidential.
  • Scope of the agreement: The scope of the agreement describes exactly who can learn of the protected information.
  • Any exclusions to the agreement: It is possible that you would want to designate other data as non-confidential in some cases. For example, an employee’s abilities and knowledge acquired while working for you may be excluded. Other possibilities include items or circumstances that are already known to the public.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Are Here to Help You With Any Concerns About NDAs

If your company needs a solid NDA, we are here to help. Our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. can help you with any concerns you might have with an NDA. Call us at 215-574-0600 or contact us online to schedule an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

 

Former Employee Sues Behavioral Health Company

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Employees Who Have Been Wrongfully Terminated.

Allegations of Wrongful Termination Based on Her Age and Requests for Reasonable Accommodations

A Pennsylvania woman filed a lawsuit in the Western District of Pennsylvania against a behavioral health company alleging discrimination and unlawful termination. According to the complaint, the plaintiff, 61, worked as an outpatient treatment reporting screener for 21 years. She was diagnosed with anxiety and depression after her mother’s death, and requested reasonable medical accommodations at that time, including a two to three month medical leave. Upon her return on a part-time basis, she claims she became the target of harassment, receiving criticism for the quality and speed of her work and an increased workload.

The plaintiff submitted reasonable accommodation paperwork from her doctor requesting a lesser workload. Her request was denied without her employer providing any legitimate reason why. Shortly thereafter, she was given a written warning requiring her to perform an “unreasonable” amount of job duties for a part-time position, including a quota of 20 to 25 inquiries per day, returning all phone calls and covering for absent co-workers. She met with her supervisor and HR about the situation, and again requested accommodation to temporarily decrease her workload, but her request was again denied.

After the meeting with her supervisor and HR, the plaintiff received a follow-up email, stating she was now required to complete 20 to 25 complex inquiries or up to 60 less complex inquiries per day. She emailed both parties about the higher quota, but received no response, court documents state. The plaintiff informed her employer that her doctor had approved her to return to work full-time. However, before she was allowed to return to work full-time, she was terminated for allegedly failing to meet performance expectations. In addition to disability discrimination and retaliation, the plaintiff claims she was terminated because of her advanced age.

The lawsuit claims her employer violated the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act and the Pennsylvania Human Relations Act. The plaintiff is seeking the defendant to promulgate and adhere to a policy prohibiting discrimination and retaliation against employees; provide back pay, reinstatement and benefits; punitive and/or liquidated damages; other equitable and legal relief as the Court deems appropriate; and attorney’s fees.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Employees Who Have Been Wrongfully Terminated

If you believe that you were wrongfully terminated from your job, the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can assist you with these matters. To schedule an initial consultation, call us at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

 

What Are Reasonable Accommodations for Disabled Employees?

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Assist Clients Entitled to Reasonable Accommodations in the Workplace.

Employers are required to make reasonable accommodations to allow employees with disabilities the ability to perform their job duties successfully. A disability is legally defined as having a physical or mental impairment, a record of a physical or mental impairment, or regarded as having a physical or mental impairment that substantially limits one or more bodily functions or major life activities.

The Americans with Disabilities Act (ADA) provides disabled persons federal civil rights protection from discrimination, and it provides equal opportunity for employment and requires employers to make reasonable accommodations for employees with disabilities in businesses with 15 or more employees.

Reasonable accommodations are changes to the job description, application process, or workplace for disabled individuals to apply for a position and the ability to perform essential job duties. Some examples of reasonable accommodations include:

  • Changes to the make the workplace more accessible, such as installing ramps and elevators and providing accessible bathroom facilities for employees who use a wheelchair or walker.
  • Altering or adding necessary equipment to allow a disabled employee to successfully perform their job duties, such as computer programs that convert text to speech for the blind and videophone communication for the deaf.
  • Modifications to the work schedule for the disabled and employees with chronic medical conditions to accommodate for medical appointments and the flexibility to complete work at alternate times or locations.
  • Reassigning a disabled employee to a more suitable open position, if qualified, should the employee’s disability prevent them from performing the duties in their current job.
  • Adjusting policies to allow service animals in the workplace.
  • Providing handicapped parking or providing a reserved parking space closer to the building for an employee unable to walk long distances.

Requesting Reasonable Accommodations

If you require an accommodation that is not already provided for your job, you must request one and you will need to disclose the nature of your disability. Making an ADA request for accommodation does not have to be in writing unless you prefer to do so, but you must inform your employer that you require an accommodation due to the medical condition.

Written requests are typically submitted to both your supervisor and the company’s Human Resources (HR) department and should include that you are requesting a reasonable accommodation under the ADA.

Following your request, your employer may choose to grant it or work together with you to find a suitable alternative. While employers are required to meet the needs of their employees, however, they may not be required to provide an employee’s first choice of accommodation. Keep in mind that employers may request medical documentation from your provider in cases of disabilities with no physical presentation.

Employers are not required to make reasonable accommodations if doing so would impose an undue hardship to the business’s operation and is determined on a case-by-case basis. Undue hardship may be applicable if the accommodation would require significant difficulty or expense in relation to the business size, available resources, and the type of business operation.

Unfair Accommodations

There are also certain items that are not considered reasonable accommodations that employers are not required to implement, such as:

  • Eliminate a primary responsibility of the job.
  • Lower standards of production that apply to all employees.
  • Provide personal items, such as hearing aids, eyeglasses, and the like.
  • Excuse violations of conduct rules that apply to all employees, such as violence or threats of violence, theft, or destruction of property, and is permitted to discipline a disabled employee the same as any other employee.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Assist Clients Entitled to Reasonable Accommodations in the Workplace

If you believe your employer has wrongfully denied your requests for a reasonable accommodation to allow you to successfully complete your job responsibilities, our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can help. Call us today at 215-574-0600 or contact us online for an initial consultation. Located in Philadelphia, we proudly serve clients throughout New Jersey and Pennsylvania.

What Are Reasonable Accommodations for Disabled Employees?

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Assist Clients Entitled to Reasonable Accommodations in the Workplace.

Employers are required to make reasonable accommodations to allow employees with disabilities the ability to perform their job duties successfully. A disability is legally defined as having a physical or mental impairment, a record of a physical or mental impairment, or regarded as having a physical or mental impairment that substantially limits one or more bodily functions or major life activities.

The Americans with Disabilities Act (ADA) provides disabled persons federal civil rights protection from discrimination, and it provides equal opportunity for employment and requires employers to make reasonable accommodations for employees with disabilities in businesses with 15 or more employees.

Reasonable accommodations are changes to the job description, application process, or workplace for disabled individuals to apply for a position and the ability to perform essential job duties. Some examples of reasonable accommodations include:

  • Changes to the make the workplace more accessible, such as installing ramps and elevators and providing accessible bathroom facilities for employees who use a wheelchair or walker.
  • Altering or adding necessary equipment to allow a disabled employee to successfully perform their job duties, such as computer programs that convert text to speech for the blind and videophone communication for the deaf.
  • Modifications to the work schedule for the disabled and employees with chronic medical conditions to accommodate for medical appointments and the flexibility to complete work at alternate times or locations.
  • Reassigning a disabled employee to a more suitable open position, if qualified, should the employee’s disability prevent them from performing the duties in their current job.
  • Adjusting policies to allow service animals in the workplace.
  • Providing handicapped parking or providing a reserved parking space closer to the building for an employee unable to walk long distances.

Requesting Reasonable Accommodations

If you require an accommodation that is not already provided for your job, you must request one and you will need to disclose the nature of your disability. Making an ADA request for accommodation does not have to be in writing unless you prefer to do so, but you must inform your employer that you require an accommodation due to the medical condition.

Written requests are typically submitted to both your supervisor and the company’s Human Resources (HR) department and should include that you are requesting a reasonable accommodation under the ADA.

Following your request, your employer may choose to grant it or work together with you to find a suitable alternative. While employers are required to meet the needs of their employees, however, they may not be required to provide an employee’s first choice of accommodation. Keep in mind that employers may request medical documentation from your provider in cases of disabilities with no physical presentation.

Employers are not required to make reasonable accommodations if doing so would impose an undue hardship to the business’s operation and is determined on a case-by-case basis. Undue hardship may be applicable if the accommodation would require significant difficulty or expense in relation to the business size, available resources, and the type of business operation.

Unfair Accommodations

There are also certain items that are not considered reasonable accommodations that employers are not required to implement, such as:

  • Eliminate a primary responsibility of the job.
  • Lower standards of production that apply to all employees.
  • Provide personal items, such as hearing aids, eyeglasses, and the like.
  • Excuse violations of conduct rules that apply to all employees, such as violence or threats of violence, theft, or destruction of property, and is permitted to discipline a disabled employee the same as any other employee.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Assist Clients Entitled to Reasonable Accommodations in the Workplace

If you believe your employer has wrongfully denied your requests for a reasonable accommodation to allow you to successfully complete your job responsibilities, our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can help. Call us today at 215-574-0600 or contact us online for an initial consultation. Located in Philadelphia, we proudly serve clients throughout New Jersey and Pennsylvania.

Walmart Must Face Bias Claim by Worker Regularly Absent Post-Injury

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Assist Clients Who Were Wrongfully Terminated.

A U.S. appeals court has revived claims that Walmart Inc. unlawfully fired a “people greeter” at a Maine store who was absent or left work early on more than 20 occasions to attend doctor appointments or because of complications caused by medication for a work-related injury.

A unanimous three-judge panel of the U.S. Circuit Court of Appeals for the First Circuit said it was unclear whether her attendance lapses were excusable under Walmart policy because they stemmed from a pelvic injury she sustained while working. The Panel said a Maine district court judge should not have granted summary judgment to the retail giant. The Court revived her claim of disability discrimination and her allegation that Walmart unlawfully retaliated against her for complaining that she was being harassed for missing work for medical reasons.

Walmart hired the plaintiff as a cashier at a Windham, Maine store in 2013, and the following year she injured her pelvis while working, according to court filings. She took a leave of absence after the injury and another about 18 months later. Around the time of her second leave, she filed a lawsuit in Maine federal court accusing Walmart of failing to accommodate her disability. The case was ultimately dismissed.

While the lawsuit was pending, in 2016, the plaintiff returned to work. But the plaintiff was absent or missed at least two hours of a shift 12 times in a two-month period, according to court filings. After meeting with the store manager, where she was warned about not properly notifying Walmart of her absences, the plaintiff complained to a human resources official that she felt she was being harassed. The plaintiff was subsequently late or absent several more times, and was fired about two months after the meeting, according to case filings.

The plaintiff sued Walmart in 2019, accusing the company of disability discrimination and retaliation in violation of state law. The U.S. District Court granted summary judgment to Walmart last year, finding that attendance was an essential function of her role as a people greeter and that she was not qualified for the job.

The plaintiff appealed, arguing that many of her absences were authorized under Walmart’s attendance policy because they were related to an on-the-job injury, and she had given advance notice to her managers.

The 1st Circuit panel said it was unclear whether her absences should have been excused, and whether Walmart’s policy applied to illnesses caused by medications prescribed to treat a work-related injury, reviving the lawsuit. “It is impossible to unequivocally conclude that Wal-Mart internally established that in fact the store’s allowed number of authorized absences had been exceeded,” wrote U.S. District Judge Gustavo Gelpi of the District of Puerto Rico, who sat by designation.

The Court also said the window of time between the harassment complaint and the firing was small enough to allow her to pursue her retaliation claim under Maine law.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Assist Clients Who Were Wrongfully Terminated.

If you believe you were wrongfully terminated after requesting reasonable accommodations to allow you to successfully complete your job responsibilities, our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can help. Call us today at 215-574-0600 or contact us online for an initial consultation. Located in Philadelphia, we proudly serve clients throughout New Jersey and Pennsylvania.

  Category: Employment Law
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When Should a Business Owner File for Bankruptcy?

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business owner bankruptcy

Small and large businesses are dealing with the fallout from the coronavirus pandemic. Supply chain issues and high inflation are making it harder to make profits. Many places of business are having a hard time finding good workers to help provide customers and clients with the goods and services that they need. Those are just a few of the many reasons why bankruptcy filings are on the rise.

A bankruptcy filing is a viable solution for reorganizing existing debt in a way that enables a business to continue. However, filing for bankruptcy does raise many legal issues that could lead to business litigation if the owner is not careful. The following are some commonly encountered legal issues that could arise when a business owner files for bankruptcy. 

Worker Adjustment and Retraining Notification Act

The federal Worker Adjustment and Retraining Notification Act (WARN or the Act) affects businesses with more than 100 employees. The Act requires businesses to notify workers in advance of any planned business closings or mass layoffs that are likely to occur due to the bankruptcy filing. 

Advance notice must be made 60 days before implementing any planned closing or layoffs. The notice will help workers to avoid surprises and make any necessary changes to protect their personal finances. It also helps them to find new jobs and avoid filing for unemployment. If you plan to continue doing business after reorganizing debts, the Act could help you to retain valuable employees. 

Creditor Legal Issues

If you are considering a business bankruptcy filing, your business has debts that you currently cannot afford. The creditors for your business could reclaim any equipment, materials, or other assets that it might have provided. It generally helps to work with your creditors to determine a viable way to restructure the debts. That could help the creditors maintain their support of your business.

A creditor could file a proof of claim with the trustee assigned to your business bankruptcy case. The proof of claim helps to ensure creditors will obtain at least some compensation if any is available due to the bankruptcy. Creditors could include vendors, energy providers, and others who routinely provide goods or services that enable your business to function. 

Debtor Legal Issues

Many places of business have debtors who owe them goods or services. Filing for bankruptcy does not automatically wipe out the debts owed to your business. Collecting those debts could be an issue and require legal assistance. Some debtors might refuse to pay and count on the pending bankruptcy to wipe out the debt. However, a business owner can overcome this with a court order.

Commercial Lease Assignments

Your place of business might have a commercial lease for the location that houses your business operations. A bankruptcy filing might enable you to assign your commercial lease to another business entity.

Many commercial leases have anti-assignment clauses that prevent renters from subletting or assigning the lease to other parties. A bankruptcy filing might change that. However, landlords might try to enforce anti-assignment agreements even while a bankruptcy filing is proceeding.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help You Work Out Business Bankruptcy Issues

If your business is near bankruptcy, you can contact our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. for legal help. Call us at 215-574-0600 or contact us online to schedule an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

  Category: Bankruptcy, Business Law
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Can a Company Forbid Dating in the Workplace?

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dating at workplace

Some employees find a romantic partner in the workplace. Employees already share a lot in common working in the same area and may have to collaborate on several projects. Yet, employers may not be very receptive to their employees dating one another. However, can they prevent employees from dating? The answer depends on the company and the policies it has in place. In some cases, employers will have workplace dating policies to avoid future liability should the romantic relationship dissolve and become contentious, possibility even leading to sexual harassment claims.

Some of the main reasons that your employees may object to you dating in the workplace include:

  • Efficiency can fall when employees focus on pursuing one another rather than the tasks at hand, along with coworkers being distracted by the ongoing courtship.
  • Protection issues could arise if the relationship becomes turbulent.
  • Sexual favoritism could be an issue if one of the employees is in a management position or power of authority.
  • Sexual harassment claims could arise if one of the partners is in a supervisory position.
  • Damage to reputation can occur, particularly between a supervisor and a subordinate.

Having a Safe Work Environment

Title IV of the Civil Rights Act of 1964 safeguards employees from discrimination based on race, color, national origin, religion and/or sex. Employers need to provide a safe and discrimination-free environment, which also means that favoritism could be misconstrued as discrimination. Extreme sexual favoritism in the workplace can also lead to a hostile work environment.

It should be noted that the Equal Employment Opportunity Commission (EEOC) states that workplace relationships could be viewed as sexual favoritism and defines the limits between what is allowed and what is prohibited. The type of sexual favoritism they are referring to occurs when there is a sexual or romantic relationship between two employees with the courtship benefiting the partners in the romance, while also adversely affecting a third party’s employment. The EEOC states that favoritism could cultivate a hostile work environment.

Employers should have clear policies on dating in the workplace and have appropriate rules for reporting violations. Employers can also restrict this type of sexual favoritism on the job by enforcing rules that restrict dating between supervisors and their subordinates. If an employee feels that they are in a hostile work environment due to extreme sexual favoritism, they may have legal options available to them.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Help You if You Are Working in a Hostile Work Environment

If your employer is not abiding by policies and you feel you are in a hostile work environment due to sexual favoritism, our knowledgeable Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can help. Call us at 215-574-0600 or contact us online to schedule an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

  Category: Discrimination
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