Law Firm Reaches Settlement with Former Associate in Age Bias Lawsuit

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Pryor Cashman LLP reached a settlement with a former associate who claimed that the law firm unfairly terminated his employment after 18 years on the job. The associate claimed that the law firm fired him because of his age, and that they were in violation of the Age Discrimination Act (“ADA”). The law firm argued that he was fired because of his performance, which was considered adequate for most of his time at the firm but had taken a noticeable turn for the worse. According to the members of the firm, he developed a negative, often arrogant attitude.

What is Age Discrimination?

If an employer treats an employee, or a prospective employee, unfavorably due to their age, it is considered age discrimination. This generally applies to employees who are over the age of 40. The Age Discrimination in Employment Act (“ADEA”) states that employers may not discriminate against individuals who are 40 years of age or older. Employees who are under the age of 40 are not protected under the ADEA, unless their state allows it. In addition, it is not considered illegal if an employer treats an older worker more favorably than a younger one, even if both individuals are over the age of 40. According to the ADEA, employers may not discriminate based on age in any aspect of the employment process, including hiring, salary amount, job responsibilities, promotions, training opportunities, benefits, and any other terms or conditions of employment.

Examples of Age Discrimination

Age discrimination can be obvious and offensive, or it can be subtle, but equally disturbing. Examples of age discrimination include the following:

  • Offensive comments about a person’s age
  • Not getting an interview because of an applicant’s age
  • An employer terminates older workers during company layoffs
  • Turning down older employers who request promotions
  • Firing older workers so that employers can hire younger workers and pay them less
  • Calling older workers names based on their age
  • Recruiting only prospective employees who are under the age of 40

Age discriminators can range from a victim’s supervisor or a co-worker to a client or a customer. Any employment policy or practice that has a negative impact on employees or applicants who are 40 years of age or older can be considered illegal. The only exception is if the policy or practice is based on a reasonable factor other than age.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. represent victims of Age Discrimination

If you or someone you know was discriminated against at work due to age, you are urged to contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. at your earliest convenience. Protecting your rights is our top priority and we will work tirelessly to obtain the maximum financial compensation you deserve. To schedule a confidential consultation, call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

Patent Lawsuits on the Rise

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After President Barack Obama signed the Leahy-Smith America Invents Act in 2011, there was a steady decline in patent lawsuits. However, according to data compiled by Unified Patents, close to 900 district court lawsuits regarding patents were filed in the second quarter of 2019 alone. It is unclear what is causing this increase, but when the economy slows down there is an uptick in intellectual property litigation. The emergence of cannabis products and technology related to smartphones has also had a major impact on the trademark space.

It remains to be seen whether this uptick is the start of a trend or simply a blip. It may take several months to determine whether a trend is emerging. Within the past decade, industries that generated more patent lawsuits are life sciences and technology that allows smartphones to communicate over the internet, according to an Ann Arbor-based intellectual property litigation attorney. Because of the number of new products across many industries, there has been a spike in lawsuits.

Congress Weighs in on IP Litigation

In an effort to prevent patent infringements, Senators reintroduced the Support Technology and Research for Our Nation’s Growth and Economic Resilience (“STRONGER”) Patents Act of 2019. They also met with other industry representatives to discuss intellectual property and develop legislation.

Federal legislation may make it easier for patent owners to protect their copyrights thanks to the Copyright Alternative in Small-Claims Enforcement Act of 2019 (“CASE Act”). The bill, which includes House and Senate versions, seeks to create a small-claims process for copyright holders to obtain compensation for infringed works. The recovery amount will be capped at $15,000 per work. Currently, if a copyright holder pursues claims in federal court, they may face legal costs that exceed the judgment. In cases like this, it is generally recommended that copyright holders avoid litigation

The Defend Trade Secrets Act was established in 2016 to protect trade secrets. Prior to that, each state had its own system. The Defect Trade Secrets Act was introduced after the Economic Espionage Act of 1996, which gave the U.S. attorney general the power to prosecute an individual of a company that is involved in stealing trade secrets. Those who violate the act may be fined up to $500,000 and face up to 10 years in prison. Corporations may incur fines of up to $10 million.

Patent disputes can be very expensive, so businesses should consider the costs associated with making and marketing products versus the cost of defending intellectual property rights.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Assist Clients with IP Litigation Issues

If you need legal assistance with a patent lawsuit, you are urged to contact the Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. as soon as possible. We have a proven track record of reaching successful outcomes for clients who have trademark issues. To schedule a confidential consultation, call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

Second Woman Files EEOC Complaint Against DLA Piper Partner

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A former Human Resources (“HR”) manager with DLA Piper filed an anonymous complaint with the Equal Employment Opportunity Commission (“EEOC”) against one of the company’s partners. The complaint alleges that the partner intimidated her, and that it got to the point where she felt afraid when they were in the office together. Despite a history of positive performance reviews, the HR manager was fired after she complained about the partner’s inappropriate behavior. This was the second woman to file an EEOC complaint against them.

The first complaint was filed against the firm by one of its junior partners, alleging that the partner sexually assaulted her on numerous occasions. In an open letter to the firm, she requested that she be released from the mandatory arbitration agreement so that she could pursue her claims in court. While the firm has not publicly responded to the arbitration request, they did announce that the partner had been let go. However, the junior partner was also put on leave, which her lawyer saw as a smear campaign against a female victim of sexual assault.

The new claimant says she was fired from DLA Piper after she complained about the partner’s inappropriate behavior. She alleged that she and other female employees at the firm felt uncomfortable being in an office alone with the partner, particularly if the door was closed. The details of her allegations are included in a supplemental letter that was sent to the EEOC as part of the initial charge. She is requesting that the EEOC investigate her complaint in conjunction with the initial complaint that was filed by the first complainant and expand the investigation to include a proposed class. According to the letter, there is a pattern of intimidation and retaliation for speaking out against sexually inappropriate behavior by male employees against the proposed class.

Examples of Alleged Abuse

The former HR Manager said that she was ordered to fire an administrative assistant who was over the age of 40, and who had a record of positive performance reviews. Rather than fire her, she transferred the employee to a different office. The partner was allegedly furious at the manager for not following his orders and threatened her by saying that she would be dealt with. Another female employee said that the partner expected women to tolerate his behavior if he paid them extra cash.

DLA Piper released a statement saying that the latest allegations were designed to distract from an ongoing investigation involving the junior partner that was fired. They deny that the partner sexually assaulted or harassed any female employees and was only guilty of poor judgment for having a relationship with an employee.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Victims of Sexual Harassment at the Workplace

If you or a loved one was sexually harassed or assaulted at work, do not hesitate to contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We will protect your legal rights and secure the maximum financial compensation you deserve. To schedule a confidential consultation, call us today at 215-547-0600 or contact us online. Located in Philadelphia, we serve clients throughout New Jersey and Pennsylvania.

Pennsylvania Democrats Urge Lawmakers to Allow Student Athletes to Receive Endorsement Money

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Student-athletes receive thousands of dollars in scholarship money. In fact, some students receive full scholarships for all four years of college. Yet, until recently, college athletes were prohibited from accepting compensation through lucrative endorsement deals. The governor of California recently signed legislation that will allow college athletes to receive endorsement money while maintaining their status as an amateur athlete. Democrats from Pennsylvania are hoping to follow suit and provide the same opportunity to college athletes in Pennsylvania.

According to Pennsylvania Democratic State Representatives, colleges and universities get recognition for their star athletes. These students should be compensated for their contribution, particularly when their name, image, and likeness is used. Governor Tom Wolf is open to having a conversation with the General Assembly about how to improve the system for student athletes, including those who may have endorsement opportunities.

New Legislation Would Level the Playing Field

One Representative argued in favor of the legislation, pointing out that college coaches can make millions of dollars for coaching student athletes, and corporations make billions of dollars using names and faces of popular athletes. Most college athletes do not go on to become highly paid professional athletes, so it is only fair that they are financially compensated for the athletic contribution they are making to the college or university.

Pennsylvania is one of four other states that has modeled the legislation after the California law. The NCAA opposed the California law, saying that it should have the opportunity to develop a national strategy for handling compensation for student athletes. The NCAA also released a statement saying that, with over 1,100 campuses and close to half a million student-athletes across the country, it is not possible to provide a fair and level playing field when each state has different laws related to compensating student athletes.

The Representatives have been monitoring the controversy for several years and will continue to track it. They hope it attracts support from both sides of the isle, but it is unclear at this point which committee the legislation will be assigned to as it may take time for the bill to gain traction.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Assist Clients with Endorsement Issues

If you are a student athlete, and you believe you are entitled to compensation from endorsement deals or other potentially lucrative contracts, contact the Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. today. If legislation is passed that allows college athletes to be compensated, we will secure the maximum financial compensation you deserve. To schedule a confidential consultation, call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

NLRB Addresses Issues Regarding Mandatory Arbitration Agreements

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In the case of Epic Systems Corp. v. Lewis, the Supreme Court upheld the validity of employment contracts that prevent employees from pursuing collective litigation against their employer. Following this ruling, the National Labor Relations Board (NLRB) issued several decisions that addressed arbitration agreements containing class and collective action waivers. According to the NLRB, these agreements are unenforceable. The NLRB’s recent decisions include new parameters for these arbitration agreements.

In August 2019, the NLRB issued its Supplemental Decision, Order, and Notice to Show Cause in the case of Cordua Restaurants, Inc. and Steven Ramirez and Rogelio Morales and Shearone Lewis, 368 NLRB No. 43 (2019). The case resolves important issues related to Epic Systems v. Lewis.

NLRB Holdings

  • Holding One: The National Labor Relations Act (NLRA) does not prohibit employers from promulgating mandatory arbitration agreements involving employees who intend to pursue collective action under the Fair Labor Standards Act (FLSA). According to the NLRB, Section 7 of the NLRA protects an employee’s right to participate in class actions and other protected concerted activities.
  • Holding Two: The NLRA does not prohibit employers from notifying employees that they will be terminated if they fail to sign a mandatory arbitration agreement. An assistant manager notified employees that they would be removed from the schedule if they did not sign an arbitration agreement. Employees claimed that this violated the NLRA. However, the NLRB found that the manager’s statements were an explanation of the lawful consequence of refusing to sign the agreement.
  • Holding Three: Employers may not take retaliatory action against employees for filing a class action lawsuit. A Cordua employee who filed a collective action against his employer argued that the employer violated the NLRA by terminating his employment because he discussed wage issues with fellow employees and filed an FLSA collective action for wage and overtime violations. The NLRB ruled in favor of the employee, stating the decision is consistent with the board’s long-standing precedent.

The NLRB’s decisions have a significant impact on employers because it makes it clear that they may not take adverse action against employees for discussing wage issues, requesting personal records for the purpose of confirming that the employer is in compliance with obligations, or engaging in protected activity, including filing legal claims against an employer.

Philadelphia Business Litigation Lawyers at Sidkoff, Pincus & Green P.C. Counsel Clients on All Types of Arbitration Matters

The Philadelphia business litigation lawyers at Sidkoff, Pincus & Green P.C. have a track record of reaching successful settlements involving arbitration agreements. Protecting our clients’ legal rights is our top priority. To schedule a confidential consultation, call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

NLRB Rule Does Not Recognize Graduate Students as Employees

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Philadelphia employment lawyers assist clients with NLRB employment issues.Graduate students often teach classes and conduct valuable research while earning an advanced degree. However, according to a proposed rule by the National Labor Relations Board (“NLRB”), graduate students are not considered employees, meaning they do not have the right to unionize. Graduate students from leading private institutions across the country have mobilized to fight for unionization to secure higher wages, better benefits, and protection for workers to help deal with sexual harassment and discrimination complaints. If passed, the rule would undercut those efforts.

According to the professor of labor and employment law at Cornell University and general counsel for the American Association of University Professors, the current NLRB is made up of mostly conservative board members who happen to be extremely political and intent on overruling decisions made by previous administrations that expanded employee rights to unionize. According to the professor, the NLRB made these decisions on a case-by-case basis in the past, but that appears to be changing.

Is Graduate Work Considered Work or Education?

At the heart of the argument is whether the teaching and research that graduate students conduct is considered work, or if it is part of their continued education. In 2016, the NLRB decided that Columbia students who were paid to teach and conduct research were considered employees and had the right to unionize. Prior to that, there was some back and forth among NLRB members, which impacted students’ rights to unionize. Prior to the Columbia decision, representatives from nine prestigious universities argued that graduate students have an academic relationship with the university, rather than an economic one. However, the NLRB ruled that graduate students could have a dual status of economic and academic.

Following the Columbia decision, students have come together to form unions at several private universities such as Harvard University, Brown University, Yale University, the University of Chicago, and several others voting in favor of unionization. Graduate students who are currently negotiating for employee status are unsure about how the proposed rule will impact their efforts. If the rule is passed, students have vowed to continue to fight for unionization.

Students at the University of Chicago, Yale University, Boston College, and the University of Pennsylvania sent petitions to the NLRB but withdrew them out of fear that Trump-appointed members would issue an anti-union decision. According to the executive director of the National Center for the Study of Collective Bargaining in Higher Education and the Professions at Hunter College, it is Congress that has the authority to decide employment status, but the NLRB rule seems to be taking over that authority.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green, P.C. Assist Clients with Employment Issues

If you are a graduate student at a college or university, and your employment status prevents you from being able to unionize, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. Protecting your legal rights is our top priority and we will ensure that you receive the financial compensation to which you are entitled. To schedule an initial consultation, call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout South Jersey, Pennsylvania, and New Jersey.

Former Employees Allege Pension Cuts During Corporate Restructuring

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Philadelphia employment lawyers handle employee pension issues.Talen Energy is a privately-owned independent power producer that serves commercial and industrial customers in New Jersey, Pennsylvania, Maryland, Delaware, Ohio, and the District of Columbia. In 2016, the company was bought by Riverstone Holding, a New York City-based private investment firm that specializes in the energy industry. According to a federal lawsuit, three former senior engineers from Talen claimed that the company failed to pay them their full pensions after Riverstone Holding took over the company.

All three former employees worked at PPL’s Brunner Island power plant in York County. PPL’s energy supply division became Talen Energy, which continued to own Brunner Island. When Talen Energy was launched on June 1, 2015, the company inherited PPL’s pension provisions. According to the attorney, who represents the former employees, Talen and the senior executives responsible for administering the pension did not pay the men their full pensions required by the Employee Retirement Income Security Act (“ERISA”). Court documents claimed that Talen Energy owes them approximately $750,000 in pension costs.

ERISA Anti-Cutback Rule

ERISA includes an anti-cutback rule, which states that employers may not reduce or eliminate early retirement pension benefits that employees have accrued over time. When Talen was taken over by Riverstone Holdings, the then-employees lost their jobs. Since they were all under the age of 60, they were entitled to their full pensions, as well as pension supplements for losing their jobs.

However, Talen executives were allegedly responsible for reducing the retirement payment for each of the three former employees. They also supposedly omitted several provisions for full pensions and supplements that had been in PPL’s pension plan. As a result, they would have been compensated thousands of dollars less than they were legally entitled to receive. According to the workers’ attorney, Talen retained employee benefit plans after the spin-off from PPL. This key piece of information will be presented in court.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Handle Employee Pension Issues

If you did not receive your full pension from your employer, do not hesitate to contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. Federal law states that employers may not withhold pension benefits from eligible employees. We will protect your rights and work tirelessly to secure the full pension amount to which you are entitled. We will not stop fighting for you until you are completely satisfied. To schedule an initial consultation, call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout South Jersey, Pennsylvania, and New Jersey.

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Court Ruling Addresses Attorney-Client Relationships

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Philadelphia litigation lawyers assist clients with attorney-client privilege issues.In 2011, physician George R. Bousamra sued Excela Health for defamation after a peer-review investigation conducted by the company revealed that Bousamra performed surgical procedures on over 100 patients whose medical condition may not have warranted surgery. Before announcing the investigation, Excela’s general counsel spoke about the investigation with outside counsel to determine the best legal course of action. Excela’s general counsel shared certain information with an outside public relations firm that the company used for crisis management. The Pennsylvania Supreme Court ruled that an organization may not disclose privileged information to the general population, or its adversaries.

During the trial, Excela tried to use the attorney-client privilege argument and the attorney work product doctrine to protect the communications from disclosure. However, Bousamra argued that Excela waived any privilege when the company’s general counsel shared information with the outside public relations firm. The Supreme Court held that Excela did waive the attorney-client privilege, but not the attorney work product doctrine when the general counsel forwarded an email to outside counsel.

PA Supreme Court Sets New Standard for Attorney Work Product Doctrine

The Pennsylvania Supreme Court looked closely at the communications that were sent from Excela to outside counsel, and considered them to be attorney work product, but the Court needed to further examine whether Excela gave up those protections when they sent the communications to the public relations firm. The Court set forth a new standard in Pennsylvania for waiver of the attorney work product doctrine by holding that the attorney work product doctrine is only waived by disclosure if the work is disclosed in a way that increases the likelihood that an adversary would obtain it. The Supreme Court returned the case to the trial court to determine whether Excela waived the attorney work product doctrine protections. The trial court has not yet ruled on whether Excela increased the likelihood that Bousamra would have access to Excela’s communications.

The Supreme Court held that Excela waived the attorney-client privilege when it forwarded a privileged email to the third party. The Court agreed that there may be instances when an attorney will need to include a third party on privileged information to provide legal advice. However, the Court found that the purpose of forwarding the communications was not to provide legal advice, but for public relations management. Therefore, the Court found that Excela waived the attorney-client privilege over the otherwise-privileged emails.

The following are important take-aways from the Bousamra v. Excela Health case:

  • Organizations should educate their employees about attorney-client privilege and the attorney work product doctrine.
  • Be careful about communications that offer legal advice or educate employees about how to identify privileged information.
  • Think twice before sending documents to a third party.
  • Mark all communications that address legal matters as confidential.
  • Third-party individuals receiving communications about legal matters should sign a non-disclosure agreement.

Philadelphia Litigation Lawyers at Sidkoff, Pincus & Green P.C. Assist Clients with Attorney-Client Privilege Issues

If you need assistance with a legal matter involving attorney-client privilege, contact the Philadelphia litigation lawyers at Sidkoff, Pincus & Green P.C. We have extensive experience in these types of cases, and we will work tirelessly to protect your rights and your company’s privileged information. To schedule a confidential consultation, call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout South Jersey, Pennsylvania, and New Jersey.

New Federal Overtime Rules Make Additional Workers Eligible for Overtime Pay

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Philadelphia employment lawyers can counsel clients on the new federal overtime rules.The U.S. Department of Labor recently issued a final overtime rule that will have an impact on 1.3 million American workers. These updated overtime regulations will put more money in the pockets of hardworking Americans across the country. However, critics of the rule say that it should include more employees who often work over 40 hours per week without receiving overtime pay. Currently, workers making approximately $23,660 per year may receive overtime pay, which falls well below the poverty line for a family of four. Effective January 1, 2020, workers who make an annual salary of up to $35,568 will be eligible for overtime pay. This is the first time in 15 years that changes have been made to overtime regulations.

A proposal was made during the Obama administration that would have raised the minimum salary threshold to approximately $47,000. If this passed, roughly three million additional workers would have been entitled to overtime pay, or a shorter work week. While this appealed to many workers, it did not necessarily benefit workers who were making a higher salary, but who regularly exceeded 40 hours per week. For example, a general manager at Jiffy Lube in Seattle went from making $16 an hour to an annual salary of $52,000 a year. However, due to understaffing, he often worked over 100 hours a week. As a salaried employee, he was not eligible for overtime pay. Given the long hours, his salary was less than what he would have made if he were paid a $16 an hour wage plus overtime.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Assist Clients with Employment Issues Related to Overtime Pay

If your employer failed to compensate you for overtime pay, you may be eligible for compensation. To schedule a confidential consultation, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout South Jersey, Pennsylvania, and New Jersey.

Lloyd Industries Ordered to Pay $1.04 Million to Terminated Employees in Whistleblower Case

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Philadelphia whistleblower lawyers protect the rights of wrongfully terminated employees.A federal judge recently ordered Lloyd Industries to pay the largest punitive award ever given under the Occupational Safety and Health Act (“OSH Act”) after two employees were illegally fired for speaking out against unsafe working conditions. The two workers were terminated after an inspection conducted by the Occupational Safety and Health Administration (“OSHA”). According to the Regional Solicitor, all employees have a right to speak out about work conditions that are unhealthy or unsafe. If they are unfairly retaliated against for exercising those rights, they deserve to be compensated. The court awarded a total of $1,047,399 in lost wages and punitive damages to the two employees.

After a Lloyd Industries employee lost three fingers in a workplace accident, OSHA conducted an on-site investigation. The injured worker was fired shortly after the investigation began. A second employee was terminated for cooperating with OSHA after they identified a number of health and safety violations and began assessing penalties. A jury found that Lloyd Industries and its owner illegally fired the two employees for cooperating with OSHA during the inspection. They awarded $500,000 in punitive damages, which is the largest punitive award under the OSH Act. The court explained that the size of the award sends a strong message that this kind of retaliation with not be tolerated.

The two employees were also awarded $547,399 in front and back pay. Lloyd Industries and its owner were also ordered to post an anti-retaliation notice and refrain from ever violating the Section 11(c) or the OSH Act again. All employees are entitled to a safe and healthy work environment and if these basic rights are violated by an employer, or they are retaliated against for speaking out about poor work conditions, there will be severe consequences.

Also known as the “safety bill of rights,” the OSH Act was created to ensure that all employees in the United States have safe working conditions and that employers provide the necessary training, outreach, education and assistance necessary to maintain a safe work environment. This helps prevent serious work-related injuries and illnesses.

Philadelphia Whistleblower Lawyers at Sidkoff, Pincus & Green, P.C. Protect the Rights of Employees Who Have Been Wrongfully Terminated

If you were terminated from you job after speaking out about unsafe working conditions, it is in your best interest to contact the Philadelphia whistleblower lawyers at Sidkoff, Pincus & Green, P.C. as soon as possible. It takes a great deal of courage to speak out against an employer, but the law protects whistleblowers against unfair retaliation. Our skilled legal team will discuss the details of your case with you and recommend the best legal course of action. To set up a confidential consultation, call us today at 215-574-0600 or contact us online. Our offices are located in Philadelphia, where we represent clients in South Jersey, Pennsylvania, and New Jersey.