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Defending Against Employee-Initiated Claims And Litigation

If you are an employer, facing allegations of discrimination, harassment, or wage claims can be overwhelming. In these situations, you need a skilled lawyer with experience handling these issues by your side. At N. Stotler Law, we have extensive experience helping clients handle employee-initiated claims. Not only do we handle these issues in Pittsburgh, but also throughout central and western Pennsylvania.

EEOC / PHRC Charges of Discrimination

If an employee makes a claim of discrimination against their employer to the US Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission (PHRC), employers must respond timely and appropriately in order to defend the claim and preserve relevant issues. Charges of discrimination can be made based on the basis of a person’s:

  • Race or color
  • Ethnicity or nationality
  • Sex (orientation, gender)
  • Marital status
  • Religion (or lack of religion)
  • Pregnancy status
  • Disability
  • Age

Unemployment Claims

There may be times when a former employee files for unemployment, but you disagree with their eligibility. If you have received a notification of a claim, we can help you state your case in a way that speaks to the UC regulations and positions you in the event other employment claims are forthcoming. We can represent you in your hearings, analyze the value of an appeal, and draft all legal documents along the way. Generally, an employee will not have the right to receive unemployment if they voluntarily left their job or lost their job due to willful misconduct.

Wage Claims

At N. Stotler Law, we will defend you if an employee or former employee challenges his or her pay, classification, or contractor status. This can include accusations that you have not paid minimum wage, overtime rates, failed to pay commissions, and more. We have a thorough understanding of the state and federal wage laws and will review the charge made against you by the employee to formulate the best strategy moving forward.

Family and Medical Leave Claims

Employees in Pennsylvania need to be aware of the federal Family and Medical Leave Act (FMLA) that provides generally unpaid absences from work for:

  • Employees who are suffering from a serious health condition
  • Serious health condition of a qualifying family member if an employee is caring for them
  • Care of an injured service member, or an exigent circumstance arising from family member in the service
  • The birth, adoption, or foster care placement of a child
  • COVID-19 related absences (2020 Amendment)

Americans with Disabilities Act claims

Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating in any areas of employment against individuals with a qualified disability. Employers must also provide reasonable accommodations to disabled workers covered under the ADA. This law makes it unlawful to discriminate in all employment practices, including:

  • Recruitment
  • Pay
  • Hiring
  • Firing
  • Promotion
  • Job assignments
  • Training
  • Leave
  • Lay-off
  • Benefits
  • and any other employment-related activities

Employees are also not allowed to retaliate against an applicant or employee for asserting their rights to accommodations under the ADA.

Contact us for help today

If you are an employer and are facing any of the allegations we mentioned above, you need to speak to an attorney as soon as possible. At N. Stotler Law, we have the experience you need to formulate a sound defense against all claims made concerning the issues above. Let Pittsburgh employment lawyers focus on investigating these allegations so you can focus on running your business. We are ready to assist employers throughout central and western PA. You can contact us for a consultation of your case by clicking here or calling 724-841-5565.