Does Age Discrimination Still Exist in the Workplace?

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age discrimination

Workplace discrimination, including age discrimination, is wrong and illegal. Yet, age discrimination continues to happen to men and women across the United States every day. When it does happen, employees have the right to make their voices heard.

Age discrimination of employees over 40 years old is illegal according to the Older Workers Benefit Protection Act (OWBPA) and the Age Discrimination in Employment Act (ADEA). However, it is still seen today in many workplaces.

According to an AARP survey, around 25 percent of older workers have endured negative on-the-job comments related to their age. Around 3 in 5 older workers have either seen or experienced age discrimination. These figures show that the problem is relatively common. When so many older Americans are facing the possibility of age discrimination, there is a strong need for more training and regulation. At the same time, it is essential for people who believe they have been discriminated against to come forward.

Watch for Signs of Age Discrimination

Some examples of age discrimination include:

  • An employer denying a qualified applicant a chance to interview for a position because the applicant is older than other applicants.
  • An older employee is not given certain assignments or the chance for promotion because of their age.
  • Hearing age-related comments or insults.
  • Layoffs of older workers.
  • Your boss talks about how you are “too old” to do certain tasks or take on responsibilities.
  • Colleagues younger than you keep getting promoted or receiving raises, even though you are more than qualified.

If you have raised concerns with your employer only to be dismissed, you may find it helpful to at least talk with a lawyer to determine how to move forward. Age discrimination is wrong, and no business has the right to practice this kind of unfair treatment toward older job candidates or employees.

Is Age Discrimination Easy or Hard to Prove?

Like any case of workplace discrimination, age discrimination can be subtle and difficult to see at first, and it may be difficult to prove without the help of a lawyer. With that being said, you do not have to let age discrimination go by without at least getting advice from an employment lawyer.

A lawyer must prove a pattern of unacceptable behavior on the part of the employer or the employer’s representatives. Some ways to do this could be through the collection of emails and other written evidence pointing toward age discrimination. A lawyer may compel the employer through the legal discovery process to release internal documents, such as employee annual reviews, track records of the people who have been promoted, and other information.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Represent Clients Who Have Experienced Age Discrimination

Age discrimination still exists, and employees should recognize the signs. If you believe you have experienced age discrimination at work, contact our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. today. Call us at 215-574-0600 or contact us online to arrange an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

What Are the Effects of Workplace Gender Discrimination?

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Gender discrimination in the workplace can have extensive and long-term effects on an employee’s emotional, and physical well-being. How discrimination affects an individual varies, depending on the employee’s perception and their response to the situation. Regardless, being discriminated against at work can be a very emotional and devastating experience and can impact an employee’s life in many ways.

No one likes to visit places that make them feel afraid, vulnerable, or uncomfortable. When that place is your work, it can be incredibly stressful. Some emotional effects of workplace discrimination include:

  • Feeling fearful, bullied, and unsafe.
  • Having low self-esteem, indecisiveness, and unable to trust your own judgement.
  • Feeling conflict, tension, and/or isolation with your coworkers.
  • Experiencing low-productivity or an inability to do your job.
  • Developing metal health issues, such as depression, anxiety, or substance abuse issues.

What Is Gender Discrimination?

Gender discrimination exists when a person is treated unfairly or differently based on their gender. Federal law prohibits discrimination based on sex, race, religion, and national origin under the Civil Rights Act of 1964, however, there are currently no federal laws regarding gender identity and sexual orientation. Recently, some states have begun to adopt their own interpretation of the Civil Rights Act in order to include discrimination protection based on sexual orientation and gender identity.

While discrimination based on race, sex, religion, and national origin has been illegal in the U.S. for decades, gender discrimination continues to exist, particularly for women of color and transgender women. Women continue to lag in salary compared to their male counterparts and not receive equal pay for equal work.

Although overwhelmingly experienced more by women, men can also be subject to gender discrimination in the workplace. It should also be noted that both men and women can perpetrate discrimination against coworkers.

What Are Some Examples of Gender Discrimination in the Workplace?

There could be many types of discrimination in a work environment, from unequal salaries to sexual harassment and feeling afraid at work. Here are a few examples of workplace gender discrimination:

  • Not being offered a position or being fired based on your gender.
  • Being paid less than a coworker of the other sex with the same job.
  • Being passed over for a promotion based on your gender and not your qualifications.
  • Denied employee benefits, including sick days and maternity or paternity leave based on your gender.
  • Being disciplined for a specific action, but a coworker of the other sex is not for the same action.
  • Receiving unwanted sexual harassment, sexual advances or requests, and inappropriate touching.

What if I Experienced Gender Discrimination?

Experiencing gender discrimination at work can be emotional and traumatic, and no one should feel that they must tolerate such conditions. As an employee, you are entitled to certain rights in the workplace.

If you think you are experiencing gender discrimination at work, there are steps you can take to protect yourself, including:

  • Reporting the incident to your supervisor, management, or the Human Resources (HR) department.
  • Documenting the discrimination, including where and when it happened. Be detailed and specific, including how it affected you and your ability to perform your job or how it affected your personal life.
  • Contacting an employment lawyer, especially if you have had no results from reporting the discrimination.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Employees Subjected to Gender Discrimination

Workplace gender discrimination can affect an employee in many different ways. If you have suffered gender discrimination at work, you have employment rights. Our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can help you attain justice. Contact us online or call us at 215-574-0600 for an initial consultation today. Located in Philadelphia, we proudly serve clients throughout New Jersey and Pennsylvania.

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How can I Avoid Legal Issues When Firing Employees?

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Philadelphia Business Lawyers

An employer cannot terminate a worker for unjust reasons. That type of termination is unlawful, and some examples of wrongful termination include:

  • Whistleblowing.
  • Complaints about violations of employee rights.
  • Testifying against the company or another employee in legal suits.
  • Participating in lawful union activities.
  • Filing claims for Workers’ Compensation or charges of unfair labor practices.
  • Wage garnishments in order to pay debts.

Employers cannot fire an employee in a manner that violates federal or state laws. As an employer, understanding both state and federal laws regarding employee termination will help you avoid a wrongful termination suit. Anyone in your company who is in a position to make termination decisions should have an idea of state and federal laws so they can avoid firing someone in an unjust manner.

For example you cannot fire an employee through retaliation, and you cannot violate state and federal discrimination laws, employment agreements, and you must be in accordance with the Family and Medical Leave Act (FMLA).

When can I Fire an Employee?

You can fire an employee for numerous reasons, and some of the most common include:

  • Incompetence
  • Repeated unexcused absences or tardiness
  • Sexual harassment
  • Verbal abuse
  • Physical violence
  • Falsification of records
  • Theft

It is important to note that an employer has the right to fire an employee for any legal reason. At-will employment laws differ from state to state, however, the laws are usually similar.

Keep Employee Performance Documents

Running a business involves many decisions, and those include hiring and firing employees. Often, these decisions are made due to performance issues, and a great way to minimize legal issues is to document how that employee performs.

Documentation should provide detailed information of incidents and any employee write-ups for disciplinary issues. Also, customer complaints and time cards can help give you the credence that you need when it comes to justifiably firing an employee.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Employers Fending Off a Wrongful Termination Suit

When you own a company, the prospect that you will one day have a disgruntled employee is high. In this case, you will need our skilled Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. to help you build a case. Call us at 215-574-0600 or contact us online for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

Are Employers Required to Pay for Bereavement Leave?

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Pennsylvania laws provide you a pathway to take time off work for a variety of reasons. For instance, in the case you are taking care of a sick family member or recuperating from labor, you might have an option to leave under the Family and Medical Leave Act (FMLA).

In spite of the fact that Pennsylvania does not have its own family and medical leave law, it expects employers to give employees time off for military service and jury obligation. The Family and Medical Leave Act (FMLA) gives qualified employees the option to take as long as 12 weeks of unpaid leave each year to focus on a genuinely sick relative, bond with a newborn, or handle certain reasonable issues emerging from a relative’s military service.

It is expected that businesses give workers up to 26 weeks off to aid a relative who endured or exacerbated a genuine sickness or injury while serving in the military. Under the military family leave provision, employees can take leave to help a broader set of family members, including siblings, grandparents, and cousins, if they are next of kin to an injured service member.

While some states provide additional leave for a variety of reasons, Pennsylvania does not extend that provision for any further family members or medical leave rights past what the FMLA permits.

When an employee takes leave from work due to the death of a family member or someone else, that is bereavement leave. Employees usually use the time to mourn, handle affairs left behind by the deceased, and attend the funeral. There are no federal laws that state employers need to provide paid or unpaid leave for bereavement leave. Still, employers may have a policy in place to deal with this unforeseen circumstance. In this case, employers must fulfill bereavement leave policies that are part of individual employment deals or collective bargaining agreements.

In Pennsylvania, bereavement leave is taken by employees due to the death of an immediate family member in order to grieve and sort out associated affairs after a loved one has passed

State Laws on Jury Duty and Voting

Employees in the state are allowed to serve on a jury without fearing that their job is in jeopardy, however, jury duty time off is unpaid. There are rules for exempt employees who are paid in salary unless they did not work for that week.

While many states ensure an employee’s right to take time off work to vote, which can constitute paid time off, Pennsylvania is not among them. Those who have questions regarding their employment rights should contact a lawyer.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Workers’ Rights

As an employee, your rights are protected under the law, and that includes the right to take during a leave from your job to deal with a family emergency. If you feel your employer has reneged on your rights, contact our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We help employees get fair and just treatment in the workplace. 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.

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Legal Issues to Consider When Selling a Business

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Philadelphia Business Lawyers Helping those looking to sell their business

There are many issues that need to be discussed and agreed upon when selling a business, but a lawyer can help. If you are thinking about selling your business, you should speak to a lawyer who can put together all the needed documents and perform other tasks. The following includes some common legal issues you may encounter when selling your business.

Business Type

How the business is structured or organized will dictate how complicated the sale will be and what issues have to be addressed. If it is merely a sole proprietorship owned and operated by one person, then these transactions are fairly simple. However, the business could be structured as a partnership or a limited liability company.

If it is a partnership or limited liability company with several owners, everyone who is a part owner of the company has to agree to the sale and all terms. Corporate level meetings would have to take place, and a resolution of sale would need to happen, which is where everyone’s vote is recorded.

Tax Issues

Every sale of a business should be reviewed by an certified public accountant or business tax specialist so the parties understand the tax consequences of the sellers and the buyers. You should not rely solely on the lawyers handling the drafting of the sales documents. With many complicated business purchases, you may want to have a written certification from an accountant detailing the tax consequences as part of the entire purchase terms.

Due Diligence

Due diligence is a legal term that describes the process of researching and investigating every important aspect of a business before and during the purchase process. Usually, the buyer will request information, documents, data, and other things in order to confirm aspects of the business. The information and data will include the following issues:

  • Financial books, including receivables, loans, financial obligations, balance sheets, payables, incomes statements, and past tax filings.
  • Legal agreements and contracts.
  • Information on employees, including any employment contracts, salaries, benefit agreements, union contracts, and potential legal issues, such as wrongful termination or discrimination lawsuits.  A lawyer will help you avoid business litigation.
  • A current inventory.
  • The company’s reputation in the community and business world, including social media posts and campaigns.
  • The current advertising campaigns.
  • Any environmental issues related to the property that the business owns.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Help Clients Who are Selling a Business

Selling a business can be stressful, but we can help. Our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. can help you avoid legal issues when you are selling your business. We will make sure everything is in order. Call us at 215-574-0600 or complete our online form for an initial consultation. We are located in Philadelphia, and we serve clients throughout Pennsylvania and New Jersey.

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How can Work-From-Home Employees be Protected Against Discrimination?

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Employee working from home

Now that many COVID-19 restrictions have eased, many employees are back to work in the office. However, some personnel remain reluctant to do so for a litany of reasons. In the next few years, it is predicted that a plethora of discrimination claims will be filed by employees who feel they have been neglected for promotion due to working remotely.

There are various reasons why personnel want to work remotely. The ability to work remotely has benefited some employees, specifically older workers, those who have disabilities, and women who are pregnant and have childcare responsibilities. However, some employees may feel that they are discriminated against because they are working from home.

Indirect discrimination occurs when a provision, criterion, or exercise puts a collection of employees who share a common trait at an unjust disadvantage. Therefore, if employers promote or provide more opportunities to office-based employees, there is a threat of discrimination claims filed by remote workers.

What are the Rights of Remote Employees?

Work-from-home employees are permitted certain rights. Their employer should provide guidelines and procedures for remote work. It is essential that companies outline rules around who is eligible to work at home and within the office, along with what is expected of them.

Remote employees should be able to utilize technology within reason. In certain conditions, an employee should be able to use their laptop, an additional monitor, headset, or another type of device as long as it is for work and it is approved. Also, businesses should allow employees a choice to use a personal or company-owned laptop.

Employees obtain training in order to be able to do their work. Companies should still provide ongoing training to employees. Remote workers are often at a disadvantage of being ignored by their employers when it comes to receiving proper feedback and guidance. At-home workers should also be afforded suitable and effective technical support, and they might be given a stipend to purchase needed items if necessary.

Our Philadelphia Employment Law Attorneys at Sidkoff, Pincus & Green P.C. Protect the Rights of Work-From-Home Employees

Regardless of whether you work from home or in the office, you have rights, and you should understand them. If you believe that you have been passed over for a promotion or another job-related opportunity because you work from home, our skilled employment law attorneys in Philadelphia can help. For more information and to schedule an initial consultation, contact us online or call us at 215-574-0600. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

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Am I Prohibited from Discussing Salary?

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Discussing Salary

Salary might be one of the most popular topics of workplace speculation. While an employer may suggest employees not talk about salary or have a policy to prohibit them from doing so, the law actually protects an employee’s right to discuss their wages. The National Labor Relations Act (NLRA) states that employers cannot ban employees from discussing salary and working conditions. The NLRA was initially drafted regarding labor unions and organizing. The National Labor Relations Board (NLRB) argued that not allowing employees to organize and discuss workplace issues would give employers an unfair edge in bargaining.

Employees can discuss salary among themselves, and an employer cannot discharge or discriminate against employees who do. It is important to note that the law does not guarantee an employee access to salary information. Only that the employee can reveal their salary. For example, if an employee approaches Human Resources (HR) and demands to know the salary of a colleague, HR does not have to release this information. The employee can only find out the salary from their colleague directly.

An employer can ask an employee to sign a confidentiality or non-disclosure agreement (NDA). An NDA generally prohibits discussion or sharing of the company’s trade secrets, marketing strategies, sales, and other information. However, an NDA cannot prohibit the discussion of salary under the NLRA.

Why Discuss Salary at Work?

While most HR people would not advocate for employees discussing salary, there may be occasions where it is helpful. For example, suppose an employee feels they are significantly underpaid compared to a co-worker doing identical work. In that case, it may be beneficial to discuss salary among a few co-workers in the same job. This scenario could include a female worker who wants to ensure they are paid the same as a male in the same position.

A salary discussion might also be beneficial if many people in the company or a certain department believe they are being underpaid versus market rates. There are many resources employees can use to check average salaries in their geographic location or industry. If a group of employees finds they are being underpaid, they could have the leverage to demand a pay raise across the board.

Why Not Discuss Salary at Work?

There also are many good reasons not to discuss salary at work. Most of these have to do with employee morale. It is easy for someone to feel resentful or jealous of a colleague’s salary. Workplace gossip about a salary could also lead to reduced productivity and diminished teamwork.

Discussing salary could also make HR or a person’s manager feel differently toward the employee. Although management cannot fire someone for discussing salary, they can keep it in the back of their minds at performance reviews or promotion time. Additionally, a worker who makes more than anyone in the department may find themselves the target of resentment or other harmful behavior.

Sharing Salary Information

If there are valid reasons to discuss salary, do so carefully. Talk with only colleagues and co-workers that are trustworthy. Also, make everyone involved agree to confidentiality. Never discuss salary during working hours. Wait until a break or after working hours because the discussion could be risky, and it is important not to waste company time.

What Should I Do if I am Underpaid?

If, after research and discussion, an employee finds they are underpaid, they have certain rights. Their first right is to approach their manager or the HR department, armed with facts and data that show the underpayment. If the company will not budge on salary, the employee can always speak to a lawyer for legal counsel.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Workers’ Rights

Employees have rights under the law, including fair payment. If you feel your rights have been violated, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We help employees get fair and just treatment in the workplace. 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.

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National Coffeehouse Chain Reaches Settlement Over Racial Bias in Promotions

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Coffeehouse Racial Bias

In March 2021, Starbucks entered into a voluntary agreement with the Equal Employment Opportunity Commission (EEOC) over accusations of racial bias in the promotion of employees. While there were no singular cases or incidents pointing to this accusation, the company did submit a new plan for promoting internally. The standardized methods will mandate managers to follow company procedures in the hiring of new employees and the promotion of existing ones. Workers must apply to open positions, internally or externally, to be considered for roles.

Starbucks has been embroiled in race-related controversy before. In 2020, employees raised concerns over censorship of allowed messages with their uniform. The corporation has acknowledged past failures and claims they will strive to do better, including the revision of hiring practices to promote company-wide diversity.

What can Constitute as Bias in Hiring and Employment?

Federal law says employers are not allowed to discriminate against employees or job applicants based on:

  • Race
  • Color
  • Religion
  • Gender or gender identity
  • Sexual orientation
  • Pregnancy status
  • National origin
  • Age
  • Disability

The primary concern in the Starbucks complaint is the implicit bias often linked to informal hiring practices. While some workers will inevitably stand out for superior work performance, oftentimes, offering a new hire or moving an existing employee up the ladder can require a judgement call.

To mitigate this implicit bias, Starbucks has taken away much of that autonomy and will now regulate and track application data and promotional opportunities, establish new training and interview guides for hiring managers, who will be encouraged to make merit-based and equity-based decisions in their process. The company does have more diversity at the retail level compared to the corporate level.

How are Bias Allegations Handled?

The EEOC tries to keep current and prospective employees from experiencing bias by offering preventative measures, including educational programs, employer outreach programs, and technical assistance. The commission operates 53 field offices across the United States.

Despite all the resources available and the established laws, there are still instances where job applicants and employed workers feel they are being discriminated. The EEOC will cover most companies with 15 or more employees, 20 or more in the case of age discrimination, along with unions and employment agencies. They handle claims involving:

  • Hiring
  • Firing
  • Promotion
  • Harassment
  • Training
  • Wages
  • Benefits

A worker bringing a claim to the EEOC can expect the commission to investigate the claim fairly and accurately. The commission will make a finding and attempt to resolve if discrimination has occurred. In some cases, the EEOC will file a lawsuit if the issue is not corrected, the actions are particularly egregious, or if there is a wider concern that affects more employees beyond the company in question. To strengthen a claim, a discriminated worker should speak to a lawyer.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Workers with Discrimination Cases

Despite state and federal laws, many employees continue to experience discrimination at work. If you need help with your discrimination case, the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can help you get the relief you deserve. Call us at 215-574-0600 or contact us online for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

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Why Do I Need a Lawyer for My Small Business?

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Lawyer Small Business

When a business is just getting off the ground, it can be tempting for a business owner to forgo unnecessary expenses. Oftentimes, having a lawyer on hand can seem like a superfluous use of limited financial resources. In other cases, engaging the services of a lawyer can prove to be an incredibly cost-effective business decision.

Many business owners who run into legal problems tend to wish they had a relationship with a lawyer they trust. It is worth meeting with a lawyer to get their take on what issues you might encounter and what services they may have to offer.

There are many reasons why having a lawyer might benefit a small business. Making choices about which items do and do not need a lawyer can be vital to keeping costs in check.

Budgeting

Many law firms offer legal services from a customizable menu of options that range from simple legal advice to complex business tort litigation. Having these options can allow small business owners to prioritize their legal needs and optimize the use of their business’s limited budget. A lawyer can also help with:

  • Financials: A small business owner that wants to ensure that any transfer or allocation of funds is handled in accordance with applicable laws might want to discuss the plans with a lawyer.
  • Buying or selling:  Business owners who are in negotiations to sell their business or to buy another company should involve a lawyer in the transaction.

Litigation

While it may not be necessary for every small business to have a lawyer on staff, there are several issues that should always be handled by one. These include:

  • Lawsuits: When former, current, or prospective employees sue, allegations of unfair hiring practices, employment discrimination, a hostile work environment, or other injustices can severely damage a small business.
  • Investigations into legal violations: A business that is being charged with breaking a law.
  • Environmental complaints: A small business that is being blamed for pollution or another type of environmental problem should have a lawyer handling the issue.

Tackle Small Business Issues

Outside of the legal issues listed above, there are also many business matters that may be handled without the help of a lawyer; however, seeking the help of a lawyer is generally recommended to ensure the business is protected. These small business issues may include:

  • Deciding how to organize the company
  • Partnership agreements
  • Corporate bylaws
  • Contracts
  • Labor laws
  • Real estate agreements
  • Licensing
  • Registration for tax purposes
  • Intellectual property protection

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Handle All Legal Matters for Small Business Owners

When it comes to certain business-related legal issues, it can be vital to have the help of a knowledgeable lawyer. Our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. can assist with business matters. Call us at 215-574-0600 or contact us online for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

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Pennsylvania Supreme Court Strikes Down No-Hire Clauses

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No-Hire Clauses

On April 29, 2021, the Supreme Court of Pennsylvania decided that businesses could not enforce overly broad no-hire clauses and non-compete agreements entered into with other businesses. The ruling in Pittsburgh Logistics Systems, Inc. v. Beemac Trucking, 2021 WL 1676399 (Pa. Apr. 29, 2021) determined that companies cannot block employees from taking jobs with other companies via non-compete agreements that are created in business contracts between the two businesses. This creates a new precedent that resembles similar rules in neighboring states, like New Jersey.

At the heart of this case was the contract the two companies signed in 2010 that made Pittsburgh Logistics Systems, Inc. (PLS) a non-exclusive partner of Beemac Trucking (Beemac) to haul the freight of the former’s clients. PLS included non-solicitation and no-hire clauses, attempting to retain workers. However, Beemac still hired four of PLS’s employees. PLS then filed suit an sought an injunction to enforce the non-solicitation and no-hire provisions of the contract. The trial court denied PLS’s request for an injunction, and held that a no-hire provision in commercial contract between two companies violates public policy and is therefore unenforceable under Pennsylvania law. The Superior Court, sitting en banc, affirmed the trial court’s decision. The Supreme Court of Pennsylvania, narrowly affirmed the lower courts’ rulings, finding that, in this case, the contract between PLS and Beemac was overly broad because Beemac was precluded from hiring any PLS employee during the term of the contract and two years after regardless of whether the PLS employee had worked with Beemac during the term of the contract.

How Does This Ruling Affect Employee Rights?

In Pennsylvania, employees must consent to non-compete or no-hire clauses. Usually this happens when signing an initial employment contract. Employers must disclose the terms of the clauses upon entering the agreement. In this case, when the two companies entered their business contract in 2010, the employees of both were not parties to the deal. Without notifying the employees or gaining their consent, the non-compete agreement is voided. Had there been some input from the employees or some compensation promised by Beemac if they decided to hire PLS’s workers, that may have kept the contract clauses valid.

Since the language of the contract attempted to cover all of PLS’s employees, not just those working on matters related to Beemac and the business deal, the Court also found that to be too broad. The length of the non-compete clause, which extended two years beyond the established one-year term of the deal, was also found to be problematic.

The Court’s ruling put a spotlight on larger concerns, like the free competition for employees and the overall harm to the public. While acknowledging that PLS had an interest in retaining talent, the decision noted that the clauses went beyond the scope of protecting that interest. Instead, it not only violated established state laws, but it created a probable harm to the public good. The Court determined restraining trade and limiting the labor market took importance over PLS’s interests as an employer.

This ruling could have significant impact as more people return to the workforce as the Coronavirus (COVID-19) shutdowns end and more businesses seek normalcy. While employers try to entice those unemployed back to jobs, this has started to create bidding wars that benefit workers.

For those offered new deals, it is important to scrutinize these contracts. Know the terms of employment, especially any non-compete agreements, that may preclude leaving for another position with better pay, conditions, or other arrangements.

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

Contract negotiations can be confusing and stressful. Even for well-prepared professionals who know their values, there can be concerns. A trusted Philadelphia employment lawyer at Sidkoff, Pincus & Green P.C. can protect your interests. Call us at 215-574-0600 or contact us online to schedule an initial consultation. Based in Philadelphia, we proudly serve hard-working residents throughout Pennsylvania and New Jersey.

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