Employment Law

An unemployment hearing is similar to a mini-trial. The employer and the claimant are allowed to present evidence and testimony, subject to the rules of evidence; cross-examine witnesses; and make closing statements. Many employers choose to be represented by lawyers, or experienced unemployment compensation advocates, because they know it can make the difference between winning and losing. With so much at stake, we recommend that claimants do not try to go it alone.

If your employer is not paying you for work that you have done, pays you less than minimum wage, takes improper deductions from your pay, or is refusing to pay you overtime, it may be liable under the federal Fair Labor Standards Act (FLSA), the Pennsylvania Minimum Wage Law, and the Pennsylvania Wage Payment and Collection Law.

You may be covered under these laws even if your employer claims that you are exempt as a “manager” or “contractor.” At Crosson & Richetti, we understand wage and overtime laws, and can help determine whether they apply to you.

If you are a federal employee in the Lehigh Valley or surrounding areas, and you have a federal personnel matter or question, your lawyer should be knowledgeable and experienced in federal sector personnel law and procedures. Although federal employees have basically the same statutory and legal rights as private employees, the rules and procedures for federal employees can vary greatly from those in the private sector. We offer legal representation to federal government employees, including equal employment opportunity (EEOC) cases, appeals to the Merit Systems Protection Board (MSPB), and federal court actions based on violations of the U.S. constitution and anti-discrimination laws. We also negotiate settlements and attend mediation for federal employees.

State and local government employees have the same rights as private employees to work in a discrimination-free environment. Like federal employees, they also enjoy additional workplace rights based on the U.S. Constitution and state laws that only apply to government employees. Crosson & Richetti lawyers represent state and local government employees in civil service matters and other administrative settings, as well as in state and federal court actions.

Pennsylvania employees whose job involves some aspect of trade secrets and confidential or proprietary business information are increasingly subject to “restrictive covenants”– confidentiality agreements, non-competes, and non-solicitation agreements — as a condition of employment. Pennsylvania courts will enforce these restrictions where, among other things, an employer can show that the restrictions are necessary to protect legitimate business interests and the length of time and geographic limitations are reasonable. If you are leaving a job where you have been subject to some form of restrictive covenant, if a potential employer insists that you agree to a restrictive covenant, or if your former employer wants to add a restrictive covenant to a severance or compensation agreement, we can advise you. If your former employer is threatening to keep you from working or has already sued you to enforce a restrictive covenant, we can defend you.

Our attorneys represented whistleblowers in many different industries, including healthcare, transportation, and manufacturing. We are knowledgeable about the many state and federal laws that prohibit employers from discharging, demoting, threatening, suspending, or otherwise harassing employees who take a stand against illegal conduct in the workplace.

We counsel individuals about the best and most strategic ways to blow the whistle and report misconduct. Whether you are contemplating an internal corporate compliance report or disclosure to a governmental enforcement agency, we can advise about options and potential outcomes.

In 2002, Congress passed the Sarbanes-Oxley Act (SOX), which protects whistleblowers who report violations of securities laws. In July 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”). Dodd-Frank amended SOX in several respects, significantly increasing the protections available to whistleblowers in the financial services industry.

Under Dodd-Frank, which applies to both public and privately held companies, an employer cannot retaliate against an employee for disclosing any information that is protected or required under SOX; the Securities Exchange Act of 1934; and any other law, rule or regulation subject to the jurisdiction of the Securities and Exchange Commission. Dodd-Frank also protects employees who report truthful information relating to federal crimes. An employee who prevails under Dodd-Frank may receive up to twice the amount of wages lost due to retaliation, as well as attorneys’ fees. Dodd-Frank also allows for a whistleblower to receive cash awards between 10% and 30% of amounts that the SEC recovers based on the whistleblower’s report.

Whether you are an executive, manager, professional, or hourly employee, blowing the whistle can make you feel isolated and at-risk. Crosson & Richetti lawyers can help you assert your rights and protect your career and reputation. We can also help you recover compensation for any losses or injuries that you have suffered.

Crosson & Richetti Family Law handles False Claims Act (Qui Tam) cases. This federal law allows individuals with evidence of fraud against the federal (and sometimes state and local) government to file suit on the government’s behalf, and protects them from retaliation for reports of wrongdoing. These cases, which are often brought by employees of health care providers and government contractors, may involve false or inflated billing or kickbacks. The whistleblower in a successful qui tam case may receive a portion of the money recovered from the corporate wrongdoer.

We represent individuals who are separating from employment, either voluntarily or because their employers terminate their employment. Whatever the reason for separation, our employment & labor attorneys negotiate separation agreements to obtain optimal terms. We also offer consultations for severance agreement review, in which we identify areas of concern and advise as to potential modifications. If the circumstances of separation implicate a legal claim, we work collaboratively with our clients to resolve the claim through litigation or negotiation.

Sexual harassment is a type of sex discrimination, and these laws apply regardless of whether the victim is male or female, and regardless of the gender of the harasser.

There are to two types of sexual harassment. “Quid pro quo” harassment occurs when a harasser demands sexual favors in return for some form of benefit, such as a promotion, more favorable working conditions, increased salary, or protection from an adverse employment action. An employer be liable for “hostile environment” sexual harassment if it condones or tolerates offensive sexual comments, sexual innuendo, obscene humor, lewd remarks and language, or unwanted touching or sexual advances. Either co-workers or supervisors may be the source of sexual harassment.

Sexual harassment is a complex matter, and individuals who are subjected to sexual harassment react differently. Some people may (wrongly) blame themselves or tolerate the harassment for fear of retaliation; others may attempt to avoid the harasser by transferring to another position. All too frequently, employees decide to quit their job altogether. We handle sexual harassment complaints on behalf of men and women.