Fighting For Important Causes In State And Federal Courts
America’s workplace can be tough. Most people work hard. However, sometimes it doesn’t matter how hard you work. You may face rights violations irrespective of your performance. Even stereotypes can have a powerful and unfair impact on employment.
For example, according to a New York Times report, men named “John” outnumber women in positions of power across multiple fields. Employees who find themselves losing career opportunities in State College, PA, based on stereotypes should seek legal assistance. An experienced attorney can make a difference in correcting illegalities affecting your employment rights.
If you or someone you know was wrongfully terminated, fired, transferred or mistreated at work, contact the law office of Andrew Shubin in State College, PA. Our employment rights law practice in Pennsylvania is dedicated to helping you with workplace issues and protecting your rights. Our knowledgeable attorneys can help you pursue all available claims, whether you need to begin by filing administrative procedures or pursuing your legal action in court. To learn more about your legal rights, call (814) 826-3586 and schedule a free consultation.
Common Types of Employee Rights Violations in Pennsylvania
If your employer is engaging in underhanded activities against employees, you don’t have to compromise your legal rights for job safety. Pennsylvania law protects workers against adverse employment actions in multiple types of situations, including:
- Denial of reasonable accommodations for disabled employees
- Unfair hiring and firing decisions related to employees
- Unlawful reduction in wages
- Denial of overtime pay
- Failure to provide workplace safety in compliance with Occupational Safety Hazard Administration (OSHA) regulations
- Discrimination and hostile work environments
- Unfair “leave time” denial
- Unlawful pension and employee benefit decisions
It’s not easy to protect your legal rights in any of the unfair situations above. It may be frightening to imagine you’re the next to be fired if you complain, or be left wondering if you will be denied reasonable accommodations or overtime opportunities as the law provides.
If you are experiencing any of the situations listed above, or if your employee rights are continuously violated in some other manner, you need an attorney to help you protect your legal rights. The situation may become worse, so you should seek accountability for your employer’s actions in violation of state and/or federal laws. With the right legal representation, you can assert multiple protections of your legal rights in Pennsylvania.
Retaliatory Actions in Violation of Employees’ Rights
Title VII of the Civil Rights Act of 1964 prohibits actions that affect the terms and conditions of employment when an employee engages in protected activity, such as speaking out against discrimination, illegal, or unfair conduct. Every time you engage in protected activities, your employer cannot penalize you in ways that constitute “adverse employment actions.” There is a wide number of ways your employer can hurt your employment conditions.
There is no specific definition of adverse actions in employment. Any change or condition your employer may impose knowing you cannot do it constitutes an adverse employment action. Such actions include changes in employment status, responsibilities, or duties. These changes don’t have to result in a reduction of pay or benefits to qualify as an adverse employment action.
If you’ve made complaints about legitimate concerns and you ended up getting fired or being demoted or suddenly transferred to an inconvenient location, you may have a claim of retaliation against your employer. A skilled attorney can fight for your rights and seek compensation for the damages your employer caused in your life as a result of retaliation.
Denial of Pennsylvania Unemployment Benefits
One of the most common violations of employee rights is the denial of unemployment benefits compensation. Section 402(b) of Pennsylvania’s Unemployment Compensation Law provides that “[a]n employee shall be ineligible for compensation for any week—(b) In which his unemployment is due to voluntarily leaving work without cause of a necessitous and compelling nature, irrespective of whether or not such work is in ’employment.'” 43 P.S. §802(b).
Under section 402(b), if you voluntarily quit your employment, you are not entitled to unemployment benefits. However, there are circumstances when the discharge is not voluntary as a “matter of law”—that is, an employee quits after being technically terminated after your employers’ actions made it impossible to remain in the same position. Firing someone as a “matter of law” is a legal concept known as “constructive discharge.” In Pennsylvania, constructive discharge occurs when:
(1) There are real and substantial pressures to resign, such as when you’re protecting work records.
(2) Circumstances would compel a reasonable person to act similarly and cannot be the mere possibility of termination.
(3) Actions involved ordinary common sense.
(4) Reasonable efforts made to maintain his employment.
If your decision to quit your job demonstrates that you faced significant pressures to leave at your initiative, and your actions were reasonable under the circumstances, you may be eligible for unemployment benefits in Pennsylvania. There are multiple ways in which you may feel compelled to leave a job due to “constructive discharge.” Whether you encountered a significant reduction of your hours or your benefits were eliminated without justification, you may have been forced to leave your job.
Call Your Experienced State College Employee Rights Lawyer for Reliable Legal Advice
Your workplace or employee rights violations don’t have to continue affecting your life. The experienced team of the Law Office of Andrew Shubin understands the risks you can face as a result of bringing legal action against your employer. With a dedicated employee rights practice, we are prepared to file complaints with the various state and federal agencies in charge of enforcing employee rights. Call (814) 826-3586 to schedule a prompt and free and consultation.