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MacElree Harvey, Ltd.

MacElree Harvey, Ltd.

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Employment Law

December 18, 2015 by Hoppel Design

Employment Law

Employment law is one of the most complex and heavily regulated areas of legal practice. At MacElree Harvey, our employment lawyers bring over a century of combined experience to help clients, both employers and employees, navigate virtually every aspect of the workplace relationship. 

Unlike many law firms, we do not limit our practice to one side. We represent management, business owners, executives, employees, and independent contractors alike. Our loyalty is to our clients, not to an ideology. 

Areas of Employment Law We Handle 

Employment Discrimination

We represent clients in cases involving discrimination based on race, gender, pregnancy, religion, age, disability, sexual orientation, national origin, or genetic information, under both federal and state law.

Workplace Harassment

We advise and represent clients in claims involving sexual harassment, hostile work environments, and other workplace harassment issues. We also counsel employers on compliance with harassment laws to prevent claims before they arise.

Whistleblower & Retaliation Claims

Our attorneys protect employees who report unlawful conduct and defend employers against unfounded retaliation claims.

Wage & Hour Disputes

We handle disputes involving unpaid wages, overtime pay, employee misclassification, and improper wage deductions under the Fair Labor Standards Act (FLSA) and Pennsylvania labor statutes.

Leave of Absence Issues

We assist with compliance and claims under the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and related medical or personal leave laws.

Employment Contracts

We draft, review, and negotiate contracts for executives, managers, and employees. We also represent clients in breach-of-contract disputes through mediation, arbitration, and litigation.

Restrictive Covenants & Non-Compete Agreements

We advise on the enforceability of non-compete, non-solicitation, and confidentiality agreements, and represent clients in related disputes.

Public Policy Restrictions

We handle claims involving workplace policies or agreements that violate established public policy.

Affirmative Action & Diversity Compliance

We counsel employers on diversity initiatives and compliance with federal and state affirmative action requirements.

Employment Law Training & Counseling

We provide training and proactive counseling to help businesses comply with employment laws and reduce the risk of workplace disputes.

Separation from Employment

We negotiate severance packages, prepare and review termination agreements, and advise on lawful separation terms regarding pay, benefits, and post-employment rights. 

This list is not exhaustive of all of the areas where an employment issue may arise. MacElree Harvey is ready to help you if and when they hit the doorstep of your family or business.

FAQ: Employment Law in Pennsylvania

Do you represent both employers and employees? 
Yes. We believe our ability to see issues from both perspectives makes us more effective advocates for every client. 

What counts as unlawful workplace discrimination? 
Unlawful discrimination occurs when an employee or job applicant is treated unfairly because of a legally protected characteristic such as race, gender, age, disability, religion, or national origin. 

Are non-compete agreements enforceable in Pennsylvania? 
It depends. Non-competes must be reasonable in duration, geographic scope, and subject matter. Courts may refuse to enforce agreements that are overly broad. 

What is at-will employment? 
Pennsylvania is an at-will employment state, meaning an employer can terminate employment for any reason or no reason at all — as long as the reason is not unlawful (e.g., discrimination, retaliation, or other wrongful termination). 

What should I do if I’m being harassed at work? 
Document the harassment, follow your company’s complaint procedures, and contact an employment attorney to protect your rights. 

Can an employer deny FMLA leave? 
Yes, if the employer is not covered under the FMLA, if the employee does not meet eligibility requirements, if the request does not qualify under FMLA guidelines, and if the request is not properly submitted to the employer. 

ATTORNEYS

Andrew R. Silverman

Brian J. Forgue

Jeffrey P. Burke

Katherine A. Isard

Patrick J. Gallo, Jr.

Robert A. Burke

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If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

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LEGAL SERVICES

  • Banking & Finance Law
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  • Criminal Defense
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  • Estates & Trusts Law
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OFFICES

Centreville, DE

5721 Kennett Pike
Wilmington, DE 19807
302-654-4454
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Hockessin, DE

724 Yorklyn Rd #100
Hockessin, DE 19707
302-239-3700
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Kennett Square, PA

209 East State Street Road
Kennett Square, PA 19348
610-444-3180
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West Chester, PA

17 West Miner Street
West Chester, PA 19382
610-436-0100
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