Practice Areas

Wrongful Discharge | Sexual Harassment | Employment Discrimination
Severance Packages | Breach of Contract |Retaliation

The Lovitz Law Firm, P.C., represents employees who have been wrongfully discharged or subjected to harassment or discrimination in connection with their employment. These cases are highly complex and require specialized knowledge. Our experience with the law and procedures of the administrative agencies that investigate these claims, ensures that employees' rights are protected. We represent employees in proceedings before the Philadelphia Commission on Human Relations, the Pennsylvania Human Relations Commission, and the United States Equal Employment Opportunity Commission.

Employment law consists of thousands of Federal and state statutes, administrative regulations, and judicial decisions. Many employment laws were enacted as protective labor legislation. Other employment laws take the form of public insurance, such as unemployment compensation. We aggressively represent employees in claims in state and federal courts.

If you have been negligently affected in your employment, we can assist you in evaluating your case.

Wrongful Discharge

A wrongful discharge occurs when an employee "blows the whistle" on an employer, refuses to participate in some illegal activities, or is terminated in contravention of public policy. State and Federal laws prescribe what actions are illegal and under what circumstances an employee may have rights against an employer for being terminated under such circumstances.

If you are employed pursuant to a contract and are discharged in breach of that contract, you may have a claim against your employer as well. An experienced attorney should review the terms of your contract to determine if you have any rights thereunder.

If you were wrongfully terminated, we can assist you in evaluating your case.

Sexual Harassment

The Equal Employment Opportunity Commission (EEOC) has defined sexual harassment as "unwelcome sexual advancements, requests for sexual favors, and other verbal or physical conduct of a sexual nature…when… submission to or rejection of such conduct is used as the basis for employment decisions… or such conduct has the purpose or effect of… creating intimidating, hostile or offensive working environment."

Sexual harassment is far broader than threats of discharge for rejecting sexual advances. Other circumstances of sexual harassment include:

• Repeated sexual innuendo, obscene or off-color jokes, slurs, lewd remarks and language

• Content in letters and notes, faxes, e-mail and graffiti that is of a sexual nature or sexually abusive

• Sexual propositions, insults and threats

• Sexually-oriented demeaning names

• Persistent unwanted sexual or romantic overtures or attention

• Leering, whistling or other sexually suggestive sounds or gestures

• Displaying pornographic pictures, calendars, cartoons or other sexual material in the workplace

• Coerced or unwelcome touching, patting, brushing up against, pinching, kissing, stroking, massaging, squeezing, fondling or tickling

• Subtle or overt pressure for sexual favors; and coerced sexual intercourse

Sexual harassment statutes are in effect in various forms in all states, generally modeled on the Federal law. What principally differs from state-to-state are the remedies and damages given in successful sexual harassment claims. Some states allow money damages for personal injuries, while others also allow punitive damages to be rewarded.

If you were sexually harassed, we can assist you in evaluating your case

Employment Discrimination

Employment discrimination laws prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment.

Many civil rights laws affect virtually every employment decision. These laws include:

• Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981, as amended by the Civil Rights Act of 1991
  
  
• The Age Discrimination in Employment Act
  
  
• The Americans with Disabilities Act
  
  
• The Equal Pay Act
  
  
• Other local, state and federal civil rights and anti-discrimination statutes

Employers are not permitted to fire; fail to hire; ail to promote or give a pay increase to; verbally or physically harass; segregate or assign; or otherwise differentiate a person because of his or her race, color, age, sex, pregnancy, ancestry, religion, disability, or national origin.

If you feel you have been a victim of discrimination, we can assist you in evaluating your case.

Severance Packages

We carefully evaluate any severance offers which have been made to determine not only whether the agreement is proper and legal, but also to determine whether you may be entitled to more compensation.  It is critical that you never sign such an agreement without first having an attorney review its contents.  We will be glad to assist you in this regard.

Breach of Contract

If you are employed pursuant to a contract and are discharged in breach of that contract, you may have a claim against your employer as well. We will review the terms of your contract to determine if you have any rights thereunder.

Retaliation

The law has become very clear in this emerging area:  An employer may not take any adverse action against an employee for complaining about discrimination in the workplace.  These claims are at the forefront of our practice.