Category: Employment Law

What Is Alternative Dispute Resolution in Employment Law Cases?

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help You Find a Suitable Business Dispute Resolution.

Dealing with employment disputes is never easy, and it is often complicated to find a workable solution, especially in legal cases. However, did you know that there may be a way to resolve employment disputes without the need for litigation or court proceedings? This is called alternative dispute resolution (ADR), which is an efficient, effective, and less expensive way to resolve disagreements.

ADR is a process used to settle disputes without going to court. ADR is a less formal and less expensive approach, typically involving a neutral third party such as a mediator or an arbitrator, to help participants reach an agreement. The goal of ADR is to solve the dispute fairly and amicably.

Different Types of ADR

Here are some common types of ADR:

  • Mediation: Mediation usually involves a neutral third party acting as a mediator to help participants reach a mutually acceptable agreement. Mediation can be particularly useful for disputes where the relationship must continue, as it allows the parties to maintain an amicable relationship.
  • Arbitration: In arbitration, a neutral third party acts as an arbitrator and makes a binding decision on the dispute. Unlike mediation, parties have less control over the outcome of the dispute, but the process is more time-efficient.
  • Negotiation: Negotiation is a process where parties involved in a dispute attempt to find a mutually acceptable solution on their own, usually through face-to-face conversations.
  • Collaborative law: Collaborative Law usually involves the parties and their attorneys agreeing to work together outside of court to resolve the dispute.

Benefits of Alternative Dispute Resolution

ADR offers several benefits to employers and employees, including:

  • Saves time: ADR processes are often faster than court proceedings, which could take months or years to solve.
  • Saves money: ADR is often less expensive than the traditional court process. The costs of litigation can be a huge financial burden for small businesses.
  • Offers more control: ADR provides participants with more control over the outcome of the dispute, unlike litigation where the outcome is in the hands of the court.
  • Maintains privacy: Court proceedings are public record, and they may damage the reputation of the business. ADR, on the other hand, maintains privacy and confidentiality, which can be essential for small businesses.

Why Is ADR Useful in Employment Disputes?

Employment disputes can be quite complicated, and litigation may not be the best approach to solve them. ADR offers a more flexible and amicable way to solve disputes that are personal and sensitive to employees. Here are a few examples of employment disputes that can be resolved through ADR:

  • Discrimination claims: Disputes involving discrimination can be particularly sensitive and personal. Mediation, in particular, provides an amicable and fast solution.
  • Harassment claims: Harassment claims can also be sensitive and personal. Arbitration, under certain circumstances, can provide a more expedient and confidential solution.
  • Wage disputes: Claims regarding pay or other wage disputes can be resolved through mediation or negotiation.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help You Find a Suitable Business Dispute Resolution

Employment disputes happen despite your best efforts to prevent them. When they arise, ADR could be the most cost-effective and time-efficient way to resolve the matter. Get the legal help you need today by speaking with our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. Call us at 215-574-0600 or contact us online to schedule an initial consultation. Located in Philadelphia, we proudly serve clients in Pennsylvania and New Jersey.

What Are Effective Strategies for Resolving Employment Disputes?

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

Conflict in the workplace happens. Whether it is between co-workers, managers, or customers, disputes arise and need to be addressed quickly and efficiently. Unresolved conflict can lead to a disengaged and unhappy workforce, which can be detrimental to your business. It is important to have strategies in place for resolving employment disputes when they occur. Here are some tips on how you can approach resolving conflicts in a productive way.

Clarify the Source of Conflict

The first step is understanding why the dispute has occurred in the first place. It could be due to differences in opinions about something, or a misunderstanding of expectations between parties. It could even be due to a disagreement about resources or who gets credit for tasks completed. Taking time to gain clarity on where the issue lies is essential before moving forward with any resolution plan.

Find a Safe Space To Talk

Once you have established what sparked the conflict, it is important that everyone involved feels safe enough to voice their feelings and opinions without fear of judgment or retribution from anyone else involved. This could mean having an open discussion about the situation or bringing in a third-party mediator who can ensure that everyone has a chance to speak openly without interruption from anyone else involved in the dispute.

Listen and Let Everyone Have Their Say

Listening is key when it comes to resolving conflicts at work; it shows respect for everyone involved and helps build trust between the parties. This means actively listening and paying attention to what everyone is saying so that you can understand each side of the story before coming up with a solution.

Investigate

In some cases, like if harassment is involved, an investigation may need to take place before any resolution can be reached. If someone says that they have been treated unfairly, it might need to be investigated. This means asking questions and looking for the truth about what happened. It is important to be impartial and open-minded during this process so everyone has the chance to present their case. Make sure you document your investigation, as it could be needed if a legal issue arises.

Agree On an Outcome

After all sides have had their say, it is important that an outcome is reached or an agreement is made between those involved so there are no lingering issues. If no consensus or agreement can be made, then make sure that you make the best decision for your business moving forward; this will help maintain productivity and keep morale high. If there is a legal matter like discrimination involved, it is advisable to discuss the outcome with a legal advisor.

Evaluate and Prepare

An employer can evaluate an employment conflict outcome by assessing the root cause of the dispute, identifying patterns or trends that may have led to the conflict, and investigating potential workplace policies or legal issues that may have been involved. Additionally, they can look back at communication between all parties involved, review feedback received from employees regarding their experience with the situation, and take necessary steps to create a positive work environment. This could include introducing stronger HR protocols, providing additional training or coaching resources for both management and employees, and creating open channels of communication.

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

Despite taking precautions, you may still find yourself with an employment dispute. This is not something you should ignore. Speak with one of our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C today. Contact us at 215-574-0600 or complete our online form to schedule an initial consultation. Located in Philadelphia, we serve clients in New Jersey and Pennsylvania.

Employee Privacy Rights in the Workplace

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Employee Privacy Rights in the Workplace

The workplace can be a tricky environment to navigate, especially when it comes to understanding your rights as an employee. Employers often track internet, email, and phone use, so employees do not have an expectation of privacy in the workplace, but employee privacy rights are protected in the workplace.

What are Employee Privacy Rights?

“Employee privacy rights” refer to the degree of protection offered to workers from their employers. Unfortunately, there is not much protection for employees from their employer when it comes to searching company computers and property. This means that employers are usually within their legal rights to search a computer or other company property for any reason they deem fit.

As such, any emails you send on a company computer can be read by your employer if they choose to do so. Generally speaking, employees do not have an expectation of privacy while using company-owned equipment or devices.

How Employers Track Employees’ Usage?

Employers may track internet usage through monitoring software programs. These programs will look at all data that passes through a network—including websites visited and emails sent—so employers can see what their employees are doing with company technology during work hours. They may also track employee phone calls and emails by making recordings of them for quality assurance purposes, or looking through emails sent from work accounts for any suspicious activity. Some companies may even install GPS tracking on company vehicles so they can monitor their drivers’ whereabouts during work hours.

Employees’ Rights in the Workplace

Despite these methods of monitoring employed by employers, there are still certain rights afforded to workers in most workplaces including the right to be free from harassment and discrimination, the right to be free of toxic substances and dangerous conditions, and the right to be free from punishment for making a complaint or filing a claim against their employer or co-worker(s). Besides these protections, there are certain other areas where employees have a reasonable expectation of privacy, like the bathroom. Employees have a right to use the restroom without being monitored or observed by their employer or coworkers. This expectation of privacy is based on both legal and ethical considerations. From a legal standpoint, employers are required to provide safe and sanitary restroom facilities for their employees, which includes protecting their privacy while using these facilities.

Employers may install security cameras in certain areas of the workplace for safety and security reasons, but these cameras should not be placed in restrooms or other areas where employees have a reasonable expectation of privacy, like personal belongings. Even if a backpack or purse is brought to work, an employer cannot search these items without a valid reason or the employee’s consent.

The Philadelphia Employment Attorneys at Sidkoff, Pincus & Green P.C. Protect Your Rights in the Workplace

If you think your workplace rights have been violated, speak with the Philadelphia employment attorneys at Sidkoff, Pincus & Green P.C. Contact us at 215-574-0600 or inquire online to schedule a consultation. With offices in Philadelphia, we proudly serve our neighbors in South Jersey, Pennsylvania, and New Jersey.

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Do I Need an Employment Lawyer to File a Discrimination Claim?

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The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Your Rights as an Employee.

For complex legal situations like a workplace discrimination claim, it is often a good idea to seek advice and guidance from legal counsel. An experienced employment lawyer can help you navigate the difficult process ahead.

How an Employment Lawyer Can Help You?

An experienced employment lawyer can provide invaluable assistance to an employee who may have been discriminated against at work. An employment attorney can help the employee in various ways beyond mere representation, such as gathering evidence and determining how the employer violated any laws and to what extent.

Gathering Evidence

Gathering evidence is a critical step in filing a discrimination claim. Experienced attorneys can help employees collect and document relevant information that proves discrimination occurred. This includes collecting emails, text messages, witness statements, and relevant documents. An attorney can assist by conducting interviews with witnesses and obtaining the employer’s records on the case.

Determine Whether the Employer Broke the Law

Determining whether the employer violated any laws is another important role for an experienced employment lawyer. An attorney can review state and federal laws related to discrimination and advise their clients on whether they may have a valid claim. They can also review any applicable collective bargaining agreements to see if there were any breaches of duty by the employer.

Presenting Your Case in Court

Presenting a case in court requires knowledge of civil procedure. A seasoned employment attorney will be familiar with all the steps involved in litigation, including how to properly draft pleadings, file motions, respond to discovery requests, present oral arguments, and negotiate settlements with opposing counsel. An attorney’s knowledge of court rules and procedures can greatly improve an employee’s chances of success when pursuing a discrimination claim against their employer.

Examples of Illegal Workplace Discrimination

Potential illegal workplace discrimination could be a manager refusing to promote an employee solely based on their gender. The manager may have given other people with lesser qualifications the promotion and justified it by saying the passed over employee was not a “good fit” for the job despite their qualifications, while every other person promoted was of the same gender, different from the employee passed over. This type of gender-based discrimination is illegal in all workplaces and can leave employees feeling devalued and powerless.

Sexual harassment can also rise to the level of illegal workplace discrimination where a supervisor sexually harasses an employee. This type of discrimination is illegal and involves unwelcome conduct, such as physical or verbal advances, making derogatory comments, or sending inappropriate texts or emails. In the scenario, the employee may feel powerless and unable to speak up because they fear reprisal from their superior. Sexual harassment can create a hostile work environment, leaving employees feeling embarrassed, intimidated, and violated.

Illegal workplace discrimination can also look like a hiring manager passing over qualified applicants based on their race or ethnic background. In this scenario, the manager would place job postings with language designed to restrict certain applicants from applying, such as indicating they “prefer” an applicant from a certain background, requiring unnecessary qualifications, or offering lower pay for the same position based on a person’s race. This type of discrimination is illegal and violates an individual’s right to equal employment opportunities. Such discriminatory practices can discourage employees from applying for positions and leave them feeling frustrated and undervalued in the workplace.

The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Your Rights as an Employee

If your employer is discriminating against you, you may have a valid legal claim against them. To explore your legal options, speak with our experienced Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. Call us at 215-574-0600 or fill out our online form to schedule an initial consultation. With offices in Philadelphia, we proudly serve our neighbors in South Jersey, Pennsylvania, and New Jersey.

Can Non-Compete Agreements be Banned?

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The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Your Rights as an Employee.

Recently, the Federal Trade Commission (FTC) announced that non-compete agreements could be banned, removing the standard workplace practice of restricting a worker’s ability to move between jobs. These contracts have been used in the past to protect companies’ trade secrets and other confidential corporate information by preventing employees from leaving for a rival company, competing with their current employer, or sharing confidential information.

The FTC states that these agreements can restrict innovation and harm workers’ ability to earn more money. With this in mind, it is essential to look at the pros and cons of banning non-compete agreements, both for employers and employees.

What is a Non-Compete Agreement?

In today’s competitive business landscape, non-compete agreements are becoming an increasingly common way for employers to protect their trade secrets and other confidential information from competitors. These contracts usually involve a worker agreeing not to leave the company and join a rival business or take advantage of any opportunities with a competitor within a specified period of time. Additionally, they may also include clauses restricting employees from developing inventions using the same skills they acquired while working at their current job.

The purpose of non-compete agreements is to ensure that employees do not leave their current company with confidential information or use knowledge gained on the job to benefit other companies. On the flip side, some argue that these contracts can be overly restrictive and ultimately limit employees’ ability to progress in terms of wage increases or future opportunities. Ultimately, it is up to companies and their workers to determine if and when non-competition contracts should be used‌ and whether the FTC formally bans them as a corporate practice.

Pros of Banning Non-Competes

From an employee standpoint, one main benefit of banning non-compete agreements is that they will no longer feel restricted from pursuing new opportunities. This means they can join rival companies or pursue higher wages without fear of legal repercussions. Additionally, these individuals will have increased freedom to innovate, as they won’t be limited by any clauses restricting their actions.

For companies, a ban on non-compete agreements could result in access to a larger pool of qualified candidates and new ideas. Since the best talent may not want to work under conditions that limit their future opportunities, this would give them more incentive to come work for a new company. Moreover, having a wider selection of job applicants could create greater competition between potential employees, which could lead to better quality work overall.

Cons of Banning Non-Competes

Despite the potential benefits mentioned above, there are some downsides to banning non-compete agreements for both parties involved. For instance, it may become easier for former employees who know sensitive information about your business to leave with it and use it against your company if they move onto a new organization within the same industry. Thus, businesses need access to legal recourse if this situation arises.

Employers may argue that a ban on non-competes would make it too difficult for them to retain their top talent, since nothing would prevent them from going elsewhere. Companies might also worry that without any restrictions on development outside the workplace, some employees may contribute their own ideas towards competitors instead of developing new ones specifically for their current employer’s use.

The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Your Rights as an Employee

To discuss your legal options, speak with the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. Contact us online or call us at 215-574-0600. With offices in Philadelphia, we proudly serve our neighbors in South Jersey, Pennsylvania, and New Jersey.

Does Pregnancy Stigma Exist in the Workplace?

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Pregnancy Stigma Exist in the Workplace.

Despite numerous laws banning pregnancy discrimination in the workplace, pregnant employees continue to report varying degrees of harassment and stigmatization. In fact, according to the most available Equal Employment Opportunity Commission (EEOC) and other government-run entities’ filings and data, more than 50,000 claims related to pregnancy discrimination were submitted in the last decade.

Recognizing signs of pregnant worker discrimination can be challenging at times. While some types of discrimination are obvious, others are more subtle. This is why many pregnant employees turn to employment lawyers to help them determine if they have potential pregnancy discrimination cases against their employers.

What Does Pregnancy Stigma and Discrimination Look Like?

The broadest possible definition of pregnancy discrimination is discrimination against a pregnant individual or a recently pregnant individual. The discrimination can be pervasive, feeling built into the culture of an organization. It may come directly from a single person, such as a manager or co-worker. Alternatively, it might appear in several forms over the course of the worker’s pregnancy, maternity leave, and return to the job.

The Pregnancy Discrimination Act was passed in 1978 to tackle pregnancy discrimination, and the Americans with Disabilities Act of 1990 touches upon pregnancy stigma. Unfortunately, even with these regulations and laws in place, plenty of pregnant workers say that they have experienced discrimination because they were carrying a child.

In one study of workers who were pregnant, around one-quarter of those surveyed said they were so concerned about being treated unfairly that they withheld news about their pregnancies out of fear.

What Are Some Examples of Pregnancy Discrimination?

There is no one kind of pregnancy discrimination. For that reason, the examples of pregnancy discrimination are quite widespread and all-encompassing.

  • Being inappropriately touched by colleagues, especially in the abdominal area.
  • Being skipped over for promotions.
  • Being forced to leave.
  • Being told that they cannot have temporary accommodations, such as being able to sit in a chair instead of standing.
  • Being called out for stereotypical “pregnant person” attributes, such as postpartum depression, inflexibility, lack of commitment, or mood swings.
  • Being denied employment despite having posted qualifications.
  • Being offered lower salaries than are offered to male counterparts performing the same roles.
  • Being taken off of prime job assignments.
  • Being overlooked for coaching, training, mentoring, and professional development opportunities.

What Are the Effects of Work-Based Pregnancy Stigma?

A workplace that allows known pregnancy discrimination to continue can become emotionally toxic and stressful for both pregnant workers and the teammates who support them. Not only is pregnancy discrimination unlawful and unethical, but it can cause long-term health problems for pregnant employees and their babies.

One piece of research from Baylor University uncovered a correlation between pregnancy discrimination in the workplace and a host of unwelcome physical and mental symptoms for mother and child. These symptoms ran the gamut from lowered birth weight and higher risk of postpartum responses to increased need for doctor appointments.

What Should Pregnant Workers Who Experience On-the-Job Bias Do?

If you or someone you love experiences job-related pregnancy discrimination, you can take a few steps. First, get in touch with someone in the human resources or personnel department. Ask for a copy of the employer’s pregnancy discrimination policy. Be aware that some companies are more forthcoming than others.

Next, keep track of any discriminatory or biased infractions, discussions, or messages. Never delete Slack pings or emails, and keep all handwritten notes. It is easier to make a case against an employer with documentation.

Finally, speak with an employment lawyer. Employment attorneys have the background to advise you on your rights as an employee. Above all else, you legally deserve to be treated fairly no matter what your medical condition.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Hold Employers Who Allow Pregnancy Discrimination Responsible

Did you or someone you care about experience pregnancy discrimination, stigma, or bias on the job? Call our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. at 215-574-0600 or fill out our online contact form. Our team has an office in Philadelphia and our attorneys handle employment law cases in Pennsylvania and New Jersey.

Can I Be Fired for Reporting Sexual Harassment?

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The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Your Rights as an Employee.

Experiencing sexual harassment in the workplace can be a frightening and overwhelming ordeal. It is important to know that reporting this behavior is not only necessary, but it is also protected by law. An employee cannot be fired simply for reporting sexual harassment, and employers are not allowed to take adverse employment actions against an employee who has reported such behavior.

What is Adverse Action?

The law protects those who have experienced or reported sexual harassment in the workplace. It applies to employees who report harassing behavior as well as victims of the harassment. The law prohibits employers from retaliating against either party by taking any adverse actions.

“Adverse action” is defined as any action taken by an employer that negatively impacts an employee’s job status. This can include demoting them, decreasing their pay, creating a hostile work environment, reducing their hours, or retaliating against them. An employee who reports sexual harassment should not have to worry about facing any kind of adverse action from their employer. If they do face any form of retaliation from their employer for reporting sexual harassment, then they may be able to file a claim with the Equal Employment Opportunity Commission (EEOC).

The EEOC is a federal agency that enforces civil rights laws and investigates allegations of discrimination in the workplace. If you have reported sexual harassment at work, your employer must investigate your claim. The EEOC will check up on them to ensure a full investigation occurred, and they will ensure you do not receive any adverse action. If you do, your employer could be subject to sanctions, including reinstating you in your job if you have been terminated.

What If I Was Fired?

If you have been fired for reporting sexual harassment in the workplace, there are several steps you can take to protect yourself. Besides reporting the issue to the EEOC and speaking with an experienced employment lawyer, document everything. It is important that you document every instance of what has happened since you reported the workplace sexual harassment incident. This includes any emails or conversations between you and your employer regarding the matter, as well as any other evidence that may help support your case. Having documentation of all events is crucial when making a legal claim against an employer for wrongful termination due to reporting sexual harassment.

It is also worth noting that you do not have to be the recipient of workplace sexual harassment to report it to your employer or the EEOC. If you witness sexual harassment in the workplace, you should speak out. Filing a sexual harassment claim with your company’s HR department will help make your workplace safer for everyone.

The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Your Rights as an Employee

It is against the law for your employer to terminate you for reporting sexual harassment. If you have lost your job after reporting sexual harassment in your workplace, discuss your legal options with the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. Contact us at 215-574-0600 or fill out our online form. With offices in Philadelphia, we proudly serve our neighbors in South Jersey, Pennsylvania, and New Jersey.

Am I Entitled to Unemployment Insurance Benefits?

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unemployment insurance benefits

Federal law protects employees who work for companies and lose their jobs “through no fault of their own,” as long as the claimant worked for a certain amount of time and earned a minimum amount of money. These rules vary depending on the state. Unemployment benefits are not usually given to employees who quit or get fired unless the job loss or reduced hours was not their fault. Other guidelines apply as well. If approved, the former employee must apply for benefits once every one or two weeks.

Pennsylvania Unemployment Guidelines

To qualify for Pennsylvania unemployment benefits, you must have worked a minimum of 18 credit (calendar) weeks and earned $116 or more per week. The Pennsylvania Office of Unemployment Compensation also bases eligibility on the reason for the employer/employee separation. Your former employer will be contacted, and this information will be evaluated along with the details you provide.

You need to have a qualifying separation like being laid off or the company closing down to receive unemployment benefits, but others may qualify depending on the circumstances. Separations based on the following will generally result in benefit denials:

  • Failed drug and alcohol testing
  • Frequent absenteeism/tardiness
  • Poor work performance
  • Willful misconduct
  • Willfully damaging company property

To continue receiving benefits, you must be willing to accept new work and not turn down any legitimate offers. You’ll have to certify your benefits every week as well. The benefits last 52 weeks after your application date, so it is a temporary, not a permanent solution.

New Jersey Unemployment Guidelines

New Jersey’s unemployment eligibility guidelines differ somewhat from Pennsylvania’s. Applicants must have worked for at least 20 weeks and have earned a minimum of $240 a week or a total of $12,000 during that time. Layoffs and company downsizings are acceptable reasons for separations, just like in Pennsylvania. The guidelines are also similar for those who quit voluntarily. When you indicate this answer on your application, a claims examiner will be in touch with you and most likely, your previous employer.

Once approved, you’ll need to certify for benefits each week. To continue receiving payments, you have to be able to work, be looking for work, and not refuse any legitimate offers. If you meet the requirements and become eligible for benefits, you will get them for 26 weeks; that is half what Pennsylvania provides. Both states limit benefits for self-employed workers who own businesses and independent contractors. If you did not pay any payroll taxes, you will not be eligible.

Dealing with state unemployment offices can be frustrating, especially when you are put on hold for hours at a time or get disconnected. This can delay your application process if you have questions. It is also problematic if you were denied and need help with an appeal. Some employees lose their jobs because of discrimination or wrongful termination and others cannot get approvals. When these situations occur, a knowledgeable employment lawyer could be your best bet.

The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Fight to Protect Their Client’s Rights

Losing your job is concerning enough but when you are denied the employment benefits you deserve, you will want to stand up and fight for your rights. Contact Sidkoff, Pincus & Green P.C. to speak with our skilled Philadelphia employment lawyers about your claim today. Complete our online form or call our office at 215-574-0600. From our offices in Philadelphia, we serve employees in South Jersey, Pennsylvania, and New Jersey.

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What Should I Do If I Believe My Employer Is Racially Discriminating Against Me?

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The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Support Employees Facing Workplace Racial Discrimination.

Workplace racial discrimination could be subtle, obvious, and/or systemic, but no matter which category it falls into, it is against the law. There are state and federal laws in place that prohibit this kind of behavior and if you believe that you have been targeted, you do not have to put up with it. The main things to remember are to gather as much evidence as possible and to follow company procedures for reporting what happened. Here are some other things that you should know.

What is the Definition of Employment Discrimination and What are My Rights?

Racial discrimination is a form of employment discrimination. It happens when employers and co-workers treat employees or applicants in less favorable ways, based on race. Examples of mistreatment based on race might include:

  • Being denied benefits and promotions
  • Enduring offensive actions, comments, and communications from colleagues, vendors, or managers
  • Not being given equal pay
  • Not being hired for a job even though you are equally or more qualified than other applicants
  • Not being permitted to wear your hair, clothing, or accessories that relate to your racial or ethnic identity (with the exception of such being hazardous to your working conditions.)
  • Not qualifying for job-related training/not being included in meetings

Employees have the right to be in working environments that are free of discrimination. If you feel that you are being treated differently because of your race, you also have the right to bring this up with your employer.

How Can I Prove Workplace Racial Discrimination?

Generally, managers and executives know better than to blatantly discriminate against employees in ways that can be documented (emails, flyers, voicemails) but if this happens, save everything in a safe place and include dates and times.

You may have to provide indirect evidence to prove a case of racial discrimination. Write down instances of discrimination (with dates and times) and see if you can get any witnesses to back you up. You can also find out what others with the same experience and responsibilities as you are being paid, document your skills, and find out why someone else got that promotion you were highly qualified for.

Can I File a Racial Discrimination Claim at Work?

The answer to this question should be in your employee manual, along with the steps you need to take. Smaller companies do not always have HR representatives, so you may have to go through another channel. Draft a formal letter of complaint and attach any evidence you may have gathered. Document the employer’s response and any actions they may have or may have not taken on your behalf.

Should your complaints not be addressed, you can file a complaint with the Equal Employment Opportunity Commission, a state agency, or a local one like the Philadelphia Commission on Human Relations. Follow the instructions carefully, and you may receive a positive response. Otherwise, you have the option of contacting an employment lawyer.

The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Support Employees Facing Workplace Racial Discrimination

Your workplace should be free of any kind of discrimination, but some employees still experience this kind of abuse. If this has happened to you, contact the skilled Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. Our caring, assertive Philadelphia employment lawyers offer confidential consultations and can fight to protect your rights. Complete our online form or call us at 215-574-0600. We are located in Philadelphia and serve clients in South Jersey, Pennsylvania, and New Jersey.

Can My Employer Ask About My Previous Salary History?

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

A new job search can be an exciting and fulfilling experience in your life, but it can also be quite stressful. You will face many questions during your search, some of which you may feel very comfortable answering, while other questions may intimidate you or feel uncomfortable or even inappropriate. For instance, if a prospective employer asks you about your salary history, you may not know how to answer that question. You may actually wonder if they are legally allowed to do so in the first place.

There are a few states that make it illegal for employers to ask about salary history or what your current wage is. These states include California, New York, New Jersey, Illinois, and Washington. Some cities have passed laws prohibiting the practice as well, including New York City and San Francisco.

The problem with being asked about your previous salary is that some employers believe it is a way to gauge your market value. Although that may be the case, it also pigeon-holes many people, especially women, people who are Black, Indigenous, or people of color (BIPOC), or members of multiple marginalized communities. This group of people experience a wide range of pay gaps, and if an employer asks them their previous salary, they may find it necessary to stay with that pay gap and not increase it. Many people believe that questioning a worker’s salary history reinforces the pay gap, which leaves many people getting paid less than what they are worth.

If a potential employer asks about your salary history, there are a few ways you can handle the situation without being disrespectful, such as:

  • Know your state’s laws: It is best to know before the interview if the state or city where you are going for the job has a law that prohibits salary history questions. If asked, still, you can simply say that you believe there is a new law prohibiting that type of question.
  • Practice redirection: Try to get back to the subject of salary requirements of your particular job or role, not your individual history. You can also chat about if the job is a good fit for both you and the employer. Use your education, skills, and experience as a good foundation of what your salary requirements are and not what you made before.
  • Lack of history: This job may be your first job out of college or after obtaining a new degree, where you lack history in the field, so there is no reason to be asked what your salary was before.
  • Share your history: Or you may feel comfortable with sharing your salary history, which is okay. Some interviewers discuss the range they are willing to pay, and if it is below what you have made before, then this might be a good opportunity to bring up your salary history.

What you made in previous jobs should not dictate what your future earnings should be. There are websites that illustrate what kind of salary you should be making for the role you are looking for, and you should use those as a basis for when you go job searching.

Although Pennsylvania does not have a law prohibiting an employer from requesting your salary history, the city of Philadelphia does. In Philadelphia, an employer may not inquire about salary history or rely on an applicant’s previous salary history for any stage of the employment process. However, an applicant can knowingly disclose such information, and in doing so, the employer may then use it in the process. Employers are also prohibited from retaliating against an applicant should they refuse to comply with a salary history inquiry.

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

If you believe you have been discriminated against in the workplace, then you must get the best help on your side. Contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. right away. Call us today at 215-574-0600 or fill out our online form for an initial consultation. With our offices located in Philadelphia, we proudly serve all clients of South Jersey, Pennsylvania, and New Jersey.

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