KindtLaw represents both employers and employees in a broad range of employment law matters. Kindtlaw’s wide-ranging litigation experience in this area of law allows us to see disputes from both sides. Whether the case involves a wage dispute, a claim of discrimination, harassment, retaliation, wrongful termination or other employment law matter, Kindtlaw is prepared to help.
If you have been treated unfairly at work, denied a promotion, suspended, or fired or treated differently because of any of the following factors, you may have a claim for employment discrimination:
- race/color/national origin
- age (if over 40)
- disability, perceived disability, or record of having been disabled (as long as you are still able to do your job with reasonable accommodations)
It is also unlawful for your employer to take action against you (retaliate) for making a good faith complaint about any of the above categories or speaking on behalf of a co-worker who was discriminated against for any of those reasons. You cannot be treated differently because you testified or took part in an investigation relating to discrimination.
There are many laws at the Federal, State and Local levels which protect your rights as a worker such as the Family and Medical Leave Act which allows up to 12 weeks of unpaid time off from work for certain workers under certain circumstances. You’re also protected by the Pennsylvania Wage Payment and Collection Law which regulates how and when an employer must pay employees. If you are a Philadelphia resident you are also covered by the Healthy Families Act, recently passed by City Council which entitles you to a guaranteed number of sick days. Employers frequently fail to understand their responsibility under these laws and fail to follow them properly.
If you are discriminated or retaliated against by your employer, you must file a formal complaint of discrimination with the appropriate government agency within a short window of time after the wrongful act; 180 days for state law claims and 300 days for claims under federal law.
If you fail to make a charge of discrimination within this time frame, you can lose your right to pursue a claim. The wording of the government discrimination complaint must include all of the legal reasons that support your case.
Unlike most kinds of cases, a plaintiff in an employment case must not only prove what happened, but why it happened, meaning what the person who made the decision to fire them was thinking when they did it. Frequently, the best way to prove a violation of the law is to prove how the employer treated you differently than the other similar employees who were not of the same race, sex, religion, national origin, age or disability status. Employers will rarely admit they fired a person because of their race, sex or other prohibited factors, but the way they speak to an employee can be used as evidence of discrimination. For example, making racial or sexist jokes or comments at work or making generalizations about what older or disabled employees can or cannot do, instead of looking at the employee fairly as an individual, can be evidence of discrimination.
In today’s marketplace, companies need experienced employment law guidance to avoid costly disputes. With skilled legal guidance and in depth knowledge of alternative dispute resolution methods it is often possible to resolve issues before they become costly liabilities. Ms. Kindt is a certifed PA Mediation with a Masters degree in Industrial Psychology.
Kindtlaw works closely with employers to help them implement sound policies and procedures. When employment disputes arise, we help clients achieve favorable results in a cost-effective manner.
- Consulting Services: I help my clients establish employment contracts, employee handbooks, and policies and procedures that ensure they are in compliance with state and federal employment law statutes.
- Employment litigation: When employees sue or threaten litigation, KindtLaw applies effective legal strategies to limit clients’ exposure and to efficiently resolve disputes.
Whatever your legal needs, I will work with you personally to help you make the right decisions for your business.