Do I Need to Provide a Doctor’s Note to an Employer?

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Philadelphia employment lawyers at Sidkoff, Pincus & Green.

Calling in sick is a common occurrence, and employers often have requirements for doing so. Workers might get sick and suffer injuries while away from work that are unpredictable, but your employer may still have requirements for you to fulfill after your sick leave.

Your employer might require you to call in at least an hour prior to your shift to notify your supervisor. That gives your employer the opportunity to call in another worker to cover your shift. Exceptions to call-in procedures often include a car accident or similar emergency that makes it impossible to work or even provide notice right away.

Whenever possible, it is a good idea to support your sick call or emergency with a doctor’s note. Your employer should not require one or even ask for one due to one or even two consecutive shifts missed due to illness or injury.

When you miss three or more days, your employer usually has the right to require a doctor’s note, though this may vary based on location and sector of work. The doctor’s note should briefly describe your illness or injury.

Importance of a Doctor’s Note

A doctor’s note does more than confirm that you suffered from a medical condition that required you to miss one or more days of work: it also helps to protect your coworkers, managers, and visitors at your place of work.

If you were sick with a potentially dangerous and highly contagious illness, like COVID-19 and were to return to work while still sick, that could spread the illness. Likewise, returning too soon from an injury that reduces your ability to perform your work could be dangerous to yourself or others. A doctor’s note that says you are fully recovered and capable of working safely could protect the general workplace.

Your Work Contract Might Detail Requirements for a Doctor’s Note

Your employment contract may detail the exact process for calling in sick and providing a doctor’s note. If you have union membership, collective bargaining likely details procedures for calling in sick. Those procedures should say when a doctor’s note would be required.

You also might have an individual work contract that details how to call in sick and when a doctor’s note is needed. Whenever a work contract says how to call in sick and when a doctor’s note is needed, you must abide by the contract.

Philadelphia’s Sick Time Law and Doctor’s Note Requirements

If you work in Philadelphia, the city’s paid sick time law provides you with up to 40 hours of sick leave. The law covers full-time and part-time workers who do not already have up to 40 hours of paid sick leave available.

Anyone who has worked at least 40 hours with an employer in Philadelphia qualifies for sick leave. The law will not add more hours to already existing paid sick leave that you might have accrued.

If a job provider has 10 or more employees, the sick worker gets paid for up to 40 hours of leave time per year. If the employer has less than 10 workers, there is no pay for the time off, but the worker has the right to return to work.

Philadelphia’s sick leave law says that you do not have to provide a doctor’s note for missing work for up to two consecutive days. It does require one when you miss three or more days, though.

Philadelphia employment lawyers at Sidkoff, Pincus & Green

You can obtain legal help to uphold your workplace rights from our experienced Philadelphia employment lawyers at Sidkoff, Pincus & Green. You can call us at 215-574-0600 or contact us online to schedule an initial consultation at our Philadelphia law office. We represent clients throughout Pennsylvania and New Jersey.

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What Are the Benefits of Entering a Business Partnership?

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green Represent Business Owners Who Need Help with Business Contracts or Disputes.

Entering a business partnership could be the best or worst decision you have ever made. Much depends on the size of your business, your financial situation, who your partner is, and much more. Therefore, before you take the plunge, you should weigh out the possible advantages and disadvantages of what a business partnership could mean to you and your business.

What Are the Advantages of a Business Partnership?

It is time to expand your business, but you have neither the cash nor the borrowing power to take your business to the next level. By entering into a business partnership, you could accomplish what you envision.

Adding a partner could give you more cash and credit to expand. It also gives you someone with whom you can share the financial burden. Of course, adding more knowledge and expertise to the business is always a plus, and adding to your list of contacts can help you as well.

A partnership brings with it another perspective, not to mention a support system that might otherwise not exist. Perhaps the best advantage of a partnership is the tax advantages. Although a partnership will have to file income, gains, losses, and deductions, it allows the taxes to move through the business and onto the individual partners. The partners, in turn, will claim the profits and losses on their personal tax forms.

Although a business partnership can help you expand, there are disadvantages to consider. In a general partnership, your decision making is no longer your own. Although a partner shares the financial burden with you, profits are also shared. Moreover, you are responsible for your partner’s debts and bad decision-making.

A possible conflict of interest is especially important to consider. Having different opinions about how the company will operate going forward is often a problem and could create unwanted tension. The idea of expanding or selling the business, for instance, could become an inextricable web of complications.

What Types of Business Partnerships Should I Consider?

There are different types of business partnerships. The most basic is a general business partnership. The owners, according to each percentage owned, most commonly 50 percent, share profits and losses, as well as any debts, liabilities, etc.

A limited partnership is best for businesses with one main owner, having co-owners with a smaller stake and/or say. A limited liability company partnership (LLC) helps to protect owners’ personal assets in case of a lawsuit. A limited liability partnership (LLP) is designed to exempt individual owners from the business debts and irresponsible actions of co-owners.

What Is Good Advice to Consider Before Entering into a Business Partnership?

Carefully consider whether or not you really need a partner. Think critically about the most obvious issues. You will not only be giving up full ownership, but you will also have to include a partner in every decision, one way or another. In other words, despite the type of partnership it is, you will have to answer to someone in some way about the operations of the business.

If you decide adding a partner is a must, carefully choose your partner, and do not be in a hurry to do so. Be certain that you are both on the same page in regard to every aspect of the business, from operations to expansion.

Another important element to consider is adding someone who can complement you. For instance, choose someone who has a different skill set. Most importantly, take the time to have a detailed partnership agreement made up.

An exit agreement, for instance, is critical. You should also determine how to allocate profits, share losses, and resolve disputes. Remember that without a carefully-constructed agreement, your business will have to follow the default rules of your state in the case of a dispute between you and your partner[s].

Philadelphia Business Lawyers at Sidkoff, Pincus & Green Represent Business Owners Who Need Help with Business Contracts or Disputes.

If you need help with a business contract or any issue regarding your business, having a competent lawyer will make all the difference. To help you in any business matter, speak with our experienced Philadelphia business lawyers at Sidkoff, Pincus & Green. Call us at 215-574-0600 or contact us online for a free consultation. Located in Philadelphia, we serve clients throughout Pennsylvania   and New Jersey.

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Can An Employer Ask for My Date of Birth on a Job Application?

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green Help to Enforce Your Rights.

Age discrimination is a real issue with many workers. You might be young and just starting out on the career path, or nearing retirement age when searching for a job. Unfortunately, age sometimes is the primary reason a qualified job candidate does not get hired.

Federal and (virtually all) state laws prohibit age discrimination, which raises the question regarding the lawfulness of asking for dates of birth on employment applications. The potential for age discrimination makes it important to know your rights when asked for your date of birth by a prospective employer.

Pennsylvania Law Bans Asking for Dates of Birth

If your prospective employer is based in Pennsylvania, state law prohibits asking for an applicant’s date of birth. The Pennsylvania Human Resources Commission (PHRC) clearly says: “Inquiries regarding the applicant’s date of birth or age are unlawful.”

The PHRC says that it is reasonable to assume that any answers given on a pre-employment application or pre-screening form are used to make a hiring decision. So it would be reasonable to assume that asking for your date of birth on a job application is to obtain information that would be used in the hiring decision.

Since it is unlawful to discriminate based on age, the state does not allow employers to ask for birthdates on employment applications. The job provider’s human resources department might ask for other reasons on a separate form, though.

Employment Background Checks Often Require Birthdates

Many employers conduct background checks that do more than look at your work and education history. The background checks often include criminal records and credit reports.

The background checks typically require your date of birth and a social security number. That helps to ensure your records are the correct ones and not those of another person who happens to have the same name.

A human resources department can obtain the necessary information with your permission and after explaining why the information is needed. The process is separate from the job application and subsequent interviews that might occur.

The human resources department does not share your date of birth with those making the hiring decisions and obtained your permission to conduct background checks. That makes it legal at the state and federal levels.

How to Report Employer Violations?

The federal Equal Employment Opportunity Commission (EEOC) enforces federal employment laws. Pennsylvania’s PHRC likewise enforces state employment laws.

If you think you were discriminated against based on age or for any other reason, you can file a complaint with the EEOC and the PHRC. The EEOC complaint would have to be for violations of federal employment laws, which would not include asking for your date of birth on a job application.

The PHRC complaint would have to be for violations of Pennsylvania employment laws, which could include asking for your date of birth on a job application.

When you complain to the EEOC, it will investigate and determine whether or not your complaint has merit. If the EEOC says it does, you could proceed with a federal lawsuit for age discrimination and other causes of action.

The PHRC also might determine that your rights were violated. If so, you could proceed with a state-level lawsuit against the offending employer.

You would have to show that you were qualified for the position. You also would have to show that the position went to someone much less qualified and who is much younger than you.

An experienced employment attorney can help you to gather the evidence needed to file a successful complaint for violations of state or federal employment laws.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green Help to Enforce Your Rights

Our experienced Philadelphia employment lawyers at Sidkoff, Pincus & Green can help you to uphold your rights. You can call 215-574-0600 or contact us online to schedule an initial consultation at our Philadelphia law office. We represent clients in South Jersey and throughout Pennsylvania and New Jersey.

How Do Non-Disclosure Agreements Work?

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Assist Clients Regarding Non-Disclosure Agreements.

Non-disclosure agreements (NDAs) are legally binding confidentiality contracts regarding the sharing of sensitive business, financial, or proprietary information with others outside the agreement. NDAs are common when businesses negotiate with other businesses, firms, or individuals requiring confidentiality of the information and data shared among the parties during the process.

In business dealings non-disclosure agreements are common, especially when entering partnerships, hiring employees, or obtaining investors that require sharing sensitive information. An NDA provides confidentiality and security over the. Situations requiring an NDA may include:

  • Mergers and acquisitions: When companies combine, purchase, or sell, sensitive financial and operational information must be shared among all parties involved, including brokers and intermediaries. Organizations choose to enter into NDAs in order to protect their information and ensure confidentiality.
  • Products: NDAs are crucial when licensing or selling new products or technology to protect the spreading of proprietary, technical, and financial information outside the entities involved in the sale or licensing.
  • Partnerships: When entering into new partnerships or securing investors, NDAs are essential to protect information shared during negotiations.
  • Employees: It is also crucial for some organizations to require confidentiality among the employees regarding the sharing of sensitive data, financial or proprietary information, and business practices.
  • Clients: An NDA protects organizations from the spread of sensitive information when acquiring new clients to prevent accidental exposure that could result in legal liabilities.

What Information Should Be Included in an NDA?

Though each NDA is unique based on an organization’s needs, there are essential elements typically included in confidentiality agreements, such as:

  • Identification: Identify and detail the parties included in the agreement, which parties are disclosing and receiving, business partners, accountants, attorneys, and any others associated with the NDA, including names and contact information for all.
  • Definitions: Detail what information is to be held confidential and protected by the NDA, and rules regarding the use of said information.
  • Scope: One of the more crucial parts of an NDA, the scope clearly defines how the NDA will be enforced and specifically details on what information is protected under the agreement.
  • Obligations: This section details what is expected of those who sign the contract and the consequences if the participants violate the agreement.
  • Time limit: NDAs are generally not permanent and should specify the length of time participants are bound to uphold the terms of the agreement, as well as specify when that period will end.
  • Information return: Depending on the scope of business and what information is covered under the NDA, some agreements include a section requiring the parties to confirm that the information they were privy to has been returned or destroyed.
  • Remedies: This section details what actions will take place for breaches of the agreement. Typical consequences involve restraining orders, monetary fines, with additional actions for breaching fiduciary, copyright, patent, or trademark infringements.
  • Exclusions: As with any business contract, there can be exclusions to NDAs as well, typically information that does not require confidentiality. These may include previously disclosed information, prior knowledge of business or financial information among the parties, or information that is public knowledge.

When entering an NDA, review if carefully and understand what is expected of you. Ask questions, voice concerns, and request clarifications if you uncomfortable or disagree with the terms. Never sign a contract that you do not agree with or fully understand.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Assist Clients Regarding Non-Disclosure Agreements

If your business is planning to merge or acquire another business, entering a partnership, or recruiting investors, you are likely going to need to develop non-disclosure agreements to protect your sensitive and proprietary information. Our experienced Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. can assist in developing the agreement. Contact us online or call 215-574-0600 for an initial consultation. Located in Philadelphia, we also serve clients in New Jersey and Pennsylvania.

Can Executives Negotiate Their Severance Packages?

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Help Clients to Get Severance.

Parting ways with your longtime employer does not necessarily mean your income from that employer ends with your employment. A severance package often makes it possible for a valued worker to part ways with no animosity.

A severance agreement usually includes specific legal agreements that stipulate that, in exchange for accepting the severance package, the former employee cannot make negative comments about their former employer. Accepting the severance also usually means giving up any right to sue the former employer for any reason.

A severance package could bridge the income gap between jobs. If you find one right away, you still get to collect your severance pay.

How that severance is paid, the amount, and its duration all are important to take into consideration when accepting a severance package. These various factors can affect your life for the foreseeable future, so it is important to negotiate a severance package prior to parting ways with an employer.

Factors to Consider During Severance Negotiations

It helps to consider what you need versus what you are offered for severance. Overlooking important needs could create an unintended hardship.

For most people, the most important factors to consider when negotiating a severance agreement could include:

  • Extending benefits through the severance period
  • Handling retirement packages and incentives
  • Mutual non-disclosure agreements
  • Whether you need to return or laptop computer or other work items

You likely will want to maintain your health insurance benefits and have the employer continue deducting any pay for health care benefits. If you have a 401k or another retirement package, rolling it over or accepting a payout is very important.

If you were issued a laptop or other equipment to keep at home so that you could do your job, you might be able to keep it. Non-disclosure agreements could ensure that neither you nor the soon-to-be-former employer make disparaging remarks about the other party or file any lawsuits.

When Severance Negotiations Could Start?

Severance negotiations usually begin when your job is about to end. Most people have a good idea whether or not their jobs might end soon. In such cases, notification that the job is ending and severance is offered is not surprising, but it still could be upsetting.

The potentially emotional nature of exiting a job might encourage you to accept a severance upon receiving the offer. That would be the first severance negotiations mistake that you could make.

Instead of accepting right away, you should tell the employer that you need to review the offer. No law requires employers to offer severance packages, and you are not obligated to accept one.

Standard practice is to allow you up to 21 days to review the document and accept or reject it. If you accept it and change your mind, you usually have seven days to revoke the acceptance. You can make a counteroffer and negotiate the severance regarding payment and any other items of importance to you.

How Severance Affects Unemployment Benefits?

If you accept severance pay, you cannot file for unemployment until the severance pay expires. The state views severance as an extension of employment.

Your first true day of unemployment is when the severance agreement expires, and no more money is due to you from your former employer. Once that final date specified by your severance package arrives, you can apply for unemployment benefits the next day. Filing sooner than that would violate state law.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Help Clients to Get Severance

If you are facing employment termination and want to negotiate a severance agreement, the experienced Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. can help. You can call 215-574-0600 or contact us online to schedule an initial consultation at our Philadelphia law office. We represent clients throughout Pennsylvania and New Jersey.

Should I Start an LLC or a Corporation?

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Learn More from Experienced Business Lawyers in Philadelphia at Sidkoff, Pincus & Green.

Whether you provide consumers with goods, or clients with services, liability is an ever-present issue in businesses of all sizes. You might start a business, but have not made it a separate legal entity. If so, you could be liable for damages arising from any harm caused by the goods or services that you provide.

There are two effective ways to handle potential liability from your business activities. One is to create a limited liability corporation (LLC), and the other is to create a corporation. An LLC and a corporation have their own advantages. The following could help you to choose which would be best for your business ambitions.

Pros for Creating a Business Entity

An LLC and a corporation are similar in that they create legal entities. Those legal entities enable you to protect your personal assets by making them wholly separate from your business activities.

A medical doctor or an attorney who enters into private practice are good examples of people who provide services that could raise liability issues. Creating an LLC or a corporation for a private practice helps to limit liability to only those entities.

You could appoint yourself as the president and CEO of your LLC or corporation, paying yourself a regular salary and annual bonuses. Once that money is in your account, it is separated from your business activities.

Sole Proprietorship Makes You Vulnerable to Business Liability

Without an LLC or a corporation, you are operating what is called a “sole proprietorship,” which is one way to say that you work for yourself while providing goods or services to others.

A sole proprietorship does not protect your personal assets against liability that might arise from business practices. You could lose your life savings, home, and other assets if a customer or a client were to sue you and win a large settlement in court.

If you have an LLC or a corporate structure, the liability would not extend to your personal assets: instead, you could obtain business insurance that helps to cover the costs of liability if any issues were to arise.

Advantages of an LLC

An LLC is a simple and affordable way to create a legal business entity. An LLC might have more than one owner, but the ownership structure is small and reduces the amount of paperwork that you would have to file each year.

An LLC enables greater flexibility for management. You can change the management structure without enduring complicated legal filings or extensive paperwork.

An LLC also has a tax advantage over corporations. That is because the federal government does not tax the profits of LLCs like it does corporations. The profits from LLC entities go straight to the owners. And those owners pay taxes on their respective incomes.

An LLC does not have to endure complicated tax filings like a corporation does. It also does not require the kind of specialized accounting assistance and legal help that a corporation often requires to file and pay its annual taxes.

Disadvantages of an LLC

An LLC needs to turn a profit for its owners to make money. If a bad year results in no profits, then there is no pay for the owners.

An LLC requires its owners to have other sources of income. Or the owners need to be very frugal with the profits that they obtain during profitable years.

A strong business model and quality goods or services can help to overcome the potential for business losses. But you never know with something unexpected might occur – like a global pandemic that triggers statewide lockdowns.

An LLC also leaves its owners vulnerable to criminal allegations arising from potentially unlawful business dealings. Just as the profits flow straight to the owners, so does accountability for any criminal acts that might occur.

How to Create a Pennsylvania LLC?

It is relatively simple and affordable to create an LLC in Pennsylvania. You just need to file a Certificate of Organization and a docketing statement with the Bureau of Corporations and Charitable Organizations.

You could complete the paperwork yourself and pay the requisite fees to make your LLC a reality. But it can help to have experienced business lawyers in Philadelphia assist with the filing and its subtle legal matters.

Advantages of a Corporation

A corporation can control excess profits and use them to reinvest in the goods or services provided to customers or clients. The corporation also can use the excess profits to reward its shareholders. If a loss occurs, that also could be passed on to shareholders, though the president, CEO, and other executives and managers still can be paid salaries during years when losses occur. Forming a corporation helps to ensure some level of income even during bad years.

A corporation also provides your business entity the opportunity to eventually go public. You could list shares on a stock exchange and raise capital to fund your business ventures.

Disadvantages of a Corporation

You already know that a corporation has a more complicated creation process than an LLC, with the added irritation of dealing with annual corporate taxes. It is beneficial in many ways to enlist the help of experienced business attorneys and accountants.

Even if you are just a shareholder in a corporation, you could suffer financial losses during a bad year: if the corporation goes bankrupt, the shares become worthless. That partly is why the federal government has bailed out corporations in the past to help prevent them from filing for bankruptcy.

How to Create a Pennsylvania Corporation?

It takes more legwork and effort to incorporate in Pennsylvania and other states. You need to choose a corporate name that is unique, and readily identifiable when compared to other corporations.

The corporation must have an address and a registered agent. The registered agent could be an individual, such as a business attorney, who has a legal address in Pennsylvania. The agent also could be a business entity that can do business in Pennsylvania.

You will need to create corporate bylaws and appoint directors. After doing that, you can hold your first board meeting to officially name directors and adopt the bylaws.

You can file the articles of incorporation at the Pennsylvania Department of State. Afterward, you need to issue shares to your shareholders. Then you are a true corporation that might go public in the future.

Learn More from Experienced Business Lawyers in Philadelphia at Sidkoff, Pincus & Green

The experienced Philadelphia business lawyers at Sidkoff, Pincus & Green can help you choose and organize an LLC or a corporation in Pennsylvania. You can call 215-574-0600 or contact us online to schedule an initial consultation at our Philadelphia law office. We represent clients throughout Pennsylvania and New Jersey.

Does Age Discrimination Affect Who is Hired?

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The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Workers Facing Age Discrimination.

Age discrimination, also known as ageism, is discrimination against a person or a group of people based solely on their age. Ageism can happen to anyone, as aging is one thing that we call cannot control. Unfortunately, it happens quite frequently in the workplace, whether it is towards a long-time veteran at a job or someone fresh out of college trying to get into a particular field. People are subjected to age discrimination every day, even though it has been outlawed in the country for decades.

The Age Discrimination in Employment Act was passed in 1967, which protected applicants over 40 years old from ageism. Additionally, the Age Discrimination Act of 1975 protected those of all ages from discrimination. Despite this, age discrimination has been so prominent in the workplace that most people do not even know that it is illegal.

Recent studies by the American Association of Retired Persons (AARP) found discriminatory practices in the workplace for older workers during:

  • Hiring process: Ageism happens when an older applicant is overlooked for someone younger based solely on age.
  • At the workplace: Age discrimination happens when an older worker does not receive promotions or rewards or is harassed because of their age.
  • Termination: Forcing an older worker out because of their age or letting go a worker to make space for a younger worker.

Age discrimination has such a negative impact on all businesses that it is puzzling that there are so many cases of it. Many cases of age discrimination go unreported. Older workers face many stereotypes even to this day, despite their experience and productivity. Here are some myths that the older generation of workers face:

  • Employers who do not hire older workers lose out on the experience and intellectual property they have earned over the years.
  • Older workers are more confident and knowledgeable than younger workers but are thought of as over-the-hill or unable to keep up.
  • Older workers can help their younger counterparts learn the job instead of supervisors or bosses having to micromanage and waste productivity.
  • Age discrimination causes disloyalty and lowers employee morale. Many people like to work for companies that welcome all employees of all ages, not companies that push older workers out to bring in cheaper and younger workers.
  • Age discrimination causes an increase in employee turnover, which decreases any hope for success.
  • There is a myth that older workers are unable to learn newer technologies, and this affects online job searches. They may be disqualified from job applications as algorithms filter out applicants based on their age.

Recent research has shown that age discrimination also causes a decline in mental health, particularly amongst women. When an older worker cannot get hired or is overlooked for a promotion, or is let go because of their age, then that has an adverse effect on the individual’s finances. Financial trouble leads to depression and similar mental health issues.

Age discrimination does not just affect older workers, as younger workers face prejudices as well. Younger workers are not hired because of the stereotypes of not having enough experience or are too immature for the job. However, many studies have shown that older workers are hired far less than their younger counterparts.

The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Workers Facing Age Discrimination

Age discrimination is illegal. If you are facing age discrimination in the workplace, you may be entitled to compensation. Contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. immediately. Our knowledgeable team has years of experience and can help you with your case right away. Call us at 215-574-0600 or fill out our online form for an initial consultation. With offices located in Philadelphia, we proudly serve all communities of South Jersey, Pennsylvania, and New Jersey.

Should I Have My Contract Drafted by a Lawyer?

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When drafting a contract, there are specific agreement concepts and money at stake, and hiring a lawyer for your contract needs can be one of the wisest decisions you will ever make. There are many benefits to having an experienced lawyer help you avoid the common pitfalls of self-written form contracts.

There are several kinds of contracts required for businesses, including those related to employment, services, contractors and leases. In particular, drafting an employment contract or employment agreement can be complex. There are various terms that are important to understand and include. Employment contracts involve certain provisions and specific terms that are unique from the language found in confidentiality agreements. An experienced lawyer will not only identify potential liability issues, but can suggest wording that will protect your legal interests and rights.

Lawyers have specialized knowledge and insight when it comes to using certain language and clauses in contract matters. Contracts must use exact language and meet numerous technical legal requirements in order for it to provide full protection under the law. An experienced lawyer will ensure that you benefit as from the specific terms of the contract. You can also rely on a lawyer to identify and correct any loopholes that would make you vulnerable to any future disagreements.

Additionally, a lawyer will be able to give you an unbiased, outside perspective on your business dealings during negotiations and the contract review period. The parties to a contract often go through many drafts and negotiation sessions before the official contract is signed. Your lawyer will not only draft the contract, but make sure you understand exactly what you are signing and what it will mean for you and your business going forward. 

It is also important to keep in mind that the employment and industry regulations that you presently understand may not be the most up-to-date laws. A lawyer’s job is to make sure that all contracts your business requires follow the current laws so that you are not disadvantaged or affected by incorrect information. A lawyer will be sure to draft your contract in a way that abides to future rule and regulation changes, which reduces your risk of having to update your contract frequently. The goal of a properly drafted contract is to help to prevent legal disputes from arising in the future. It also serves as evidence of the parties’ original intentions and obligations. If any issues with your contract should arise, you will be able to call upon your lawyer for future advice or questions with regard to that contract and any possible disagreements or breach of contract. 

You want to make sure that your final, official and signed contract is enforceable. Hiring a lawyer to draft your contract will provide you with the expertise of someone who knows how the courts will interpret and enforce the various terms of any kind of contract.

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

If you need help drafting your employment contract, the experienced Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. are available to help. If you are a business owner and need help with a contract or other legal matters, contact us online or call us at 215-574-0600 today. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

  Category: Contract Law
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Are LGBTQ+ Workers’ Rights Protected?

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The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Workers Facing Discrimination.

Thanks to a 2020 U.S. Supreme Court ruling, it is illegal for a Pennsylvania employer to fire someone for being gay or transgender. The Supreme Court ruled that civil rights laws governing employment discrimination include protections for workers in the LGBTQ+ community. This ruling had a significant impact in Pennsylvania, where workers previously did not have such protection.

The Supreme Court interpreted Title VII of the 1964 Civil Rights Act to extend employment protections to LGBTQ+ people. This law has always prohibited discrimination based on race, religion, national origin, and sex. The court then determined that the definition of “sex” includes gender identity and sexual orientation.

LGBTQ+ Pennsylvanians have been trying for decades to be protected against employment discrimination. More than 50 municipalities, including Philadelphia and Pittsburgh, have had ordinances that protect LGBTQ+ people, but the result was a mishmash of laws, where a gay or transgender person could be fired in one city but not in another.

In addition, state employees are protected from discrimination based on sexual orientation because of an executive order by Gov. Milton J. Shapp in 1975. Another executive order in 2003 by Gov. Ed Rendell included protections for transgender state employees as well.

Pennsylvania’s nondiscrimination law, the Human Relations Act, does not specifically protect employees based on gender identity or sexual orientation. Like the federal law, it simply says that a person cannot be discriminated against based on sex.

Pennsylvania’s hodgepodge of LGBTQ protection laws no longer exists. With the Supreme Court’s most recent ruling, firing someone based on gender identity or sexual orientation violates civil rights law anywhere in Pennsylvania and across the nation.

With the Supreme Court’s ruling, companies, especially those who operate in multiple states such as Pennsylvania and New Jersey, must amend their policies to uniformly include protections for gender identity and sexual orientation. New Jersey’s nondiscrimination laws have included sexual orientation as a protected class since 1991, and gender identity since 2006.

What Should I Do if I Am Discriminated Against in Pennsylvania?

Employment discrimination occurs when a current or former employer takes an adverse action against you based on race, color, national origin, gender, religion, age (if over 40), disability, sexual orientation, or gender identity.

An adverse employment action could be:

  • Termination.
  • Demotion.
  • Not getting promoted.
  • Pay or benefit reduction.
  • Transfer to a new department or region.
  • Decrease in responsibilities.
  • Adverse performance reviews.

A Pennsylvania employee who believes their gender identity or sexual orientation is the reason for an adverse employment action must follow these steps to file a complaint:

Step One

You must first file a complaint of discrimination with either the Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission (PHRC) within 180 days of the adverse employment action. If the agency you file with believes the other agency would better handle your complaint, it will cross-file your complaint with the other agency.

Step Two

The agency that receives your complaint will assign an investigator to the claim. You and the employer will complete questionnaires. The investigator may follow up with phone calls or meetings for more information. The agency can mediate between you and your employer. If it cannot facilitate an agreement, it will decide whether to file a lawsuit in court against the employer on your behalf.

Step Three

If the agency decides to file a legal claim on your behalf, it will file the lawsuit and work with you throughout the legal proceedings.

If the agency decides not to file a lawsuit against the employer on your behalf, the agency will send you a “right-to-sue” letter. This letter gives you the authority to file a federal or state court claim. If this letter is from the PHRC, you must file a claim in court within two years. If it is from the EEOC, you have 90 days from the date of the letter to file a claim in Court.

The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Workers Facing Discrimination

Any employee who feels they may have been discriminated against should contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We can review the facts of your case and counsel you on the best next steps. For an initial consultation about your case, contact us online or call us at 215-574-0600. Located in Philadelphia, we serve clients throughout Pennsylvania, South Jersey, and New Jersey.

Am I Protected From Retaliation by My Employer?

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Employees Who Have Experienced Workplace Retaliation.

Every employee has the right to a workplace that is free from retaliation. Retaliation occurs when an employer acts negatively against an employee who has engaged in a legally-protected activity, including the following (not an exhaustive list):

  • Filing a discrimination claim, whether related to sexual, racial, religious or other discrimination.
  • Submitting an internal complaint of discrimination, including an informal and/or verbal complaint.
  • Questioning whether certain decisions or conduct of the employer are unlawful.
  • Discussing the employer’s practices with other employees.
  • Supporting a colleague’s discrimination or retaliation claim or internal complaint.
  • Requesting medical or maternity leave or a disability accommodation
  • Acting as a whistleblower.

What Is Employer Retaliation?

An employer actions can be considered retaliatory if they are motivated by the employee’s legally-protected actions. Examples of unlawful employer retaliation include:

  • Suspending, terminating, or demoting the employee.
  • Reducing an employee’s salary or benefits/eliminating benefits.
  • Refusing to promote the employee.
  • Issuing a negative performance review that is not accurate.
  • Disciplinary actions, such as probation or warnings.
  • Transferring the employee to a different department or area.
  • Harassing the employee.
  • Creating an uncomfortable work environment.
  • Starting rumors or gossip about the employee.
  • Writing up the employee for insubordination or other claims.

Protection Against Workplace Retaliation

Many different laws, federal and state, protect employees against retaliation. Workers who experience retaliation will go through their state’s Equal Employment Opportunity Commission (EEOC) for claims pursuant to the following.

Title VII of the Civil Rights Act of 1964

Protects employees from discrimination based on race, color, national origin, sex, and religion.

Fair Labor Standards Act

Makes it unlawful to discharge or discriminate against any employee because of filing a complaint or being willing to testify on a complaint.

Occupational Safety and Health Act

Protects employees who make workplace safety and health complaints.

Americans with Disabilities Act

Protects workers with disabilities in the workplace against discrimination or retaliation.

National Labor Relations Act (NLRA)

Gives rights to workers organizing, trying to form, join, or assist labor organizations to bargain as a group, and to engage in activities together with other workers. The anti-retaliation protection of the NLRA gives employees broad protection regardless of whether there is a union in the workplace.

Age Discrimination in Employment Act (ADEA)

Protects workers against age discrimination in the workplace.

On a state level, the Pennsylvania Human Relations Commission (PHRC) handles retaliation claims pursuant to:

  • Pennsylvania Human Relations Act (PHRA): The PHRA is a law that covers employment discrimination against workers by their employers for certain illegal reasons. The state enacted the law because workers who are not given equal employment opportunities may not reach their fullest potentials or enjoy the standards of living that they should. When people who have protected statuses suffer employment discrimination and are not given equal opportunities, they may then be forced to access public welfare.

Local laws can even protect workers. For example, Philadelphia’s Fair Practices Ordinance (PFPO) protects employees from discrimination and harassment based on their sex, sexual orientation, and gender identity.

What Can I Gain From a Retaliation Legal Claim?

An employee who has experienced employer retaliation should contact an employment lawyer. They may be entitled to recover compensation for their losses, including:

  • Lost wages and benefits due to being out of work (both past and future).
  • Curtailed career advancement opportunities.
  • Emotional trauma, humiliation, embarrassment, pain and suffering.
  • Reinstatement of lost position or benefits.
  • Attorneys’ fees and costs.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Employees Who Have Experienced Workplace Retaliation

Retaliation against employees for whistleblowing or other reasons is illegal. If you feel your rights have been violated, contact our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We help employees get fair and just compensation under the law. 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.