Daniel C. Herr primarily represents those injured economically and psychologically by the wrongful termination of their jobs. The Firm focuses on helping those terminated, demoted, disciplined, or transferred as a result of employer-discrimination or retaliation for protected activity such as Whistleblowing or engaging in speech protected by the First Amendment or Title VII of the Civil Rights Act. The Firm also focuses on Breach of Contract and Due Process litigation as it relates to employment.
Title VII of the Civil Rights Act protects most employees from discrimination based on race, color, religion, sex and national origin. Some states, like Delaware, offer further protection against discrimination based upon marital status, genetic information, sexual orientation, and gender identity. Discrimination can be pervasive or subtle. Employers cannot retaliate against employees for complaining about employment discrimination – the retaliation, in and of itself, amounts to a Title VII Violation as well, even if the employee cannot prove the employer’s underlying conduct was discriminatory. Navigating these discrimination and retaliation causes of action is a complex endeavor for an experienced employment lawyer.
There are various protections for Whistleblowers through Federal, State, and Local law. Delaware, for example, protects Whistleblowers from retaliation when an employee complains of his or her work conditions violated established safety regulations (that set forth by OSHA, for example) or an employee complains about its employer’s financial mismanagement of company funds. Similarly, taking Family Medical Leave Act (or, FMLA) leave is also protected – it is illegal for an employer to interfere with an employee’s efforts to take FMLA leave or retaliate against an employee who takes FMLA leave.
Delaware and Pennsylvania, like most states, are employment “at-will” states. In some circumstances, however, a contract controls the employee and employer relationship. Provisions of that contract may call for non-competition or non-solicitation during a period of time after an employee and employer separate from one another. Further, some contracts or employee handbooks call for certain processes in order to terminate an employee, such as a committee decision or allowing the employee to plead his or her case prior to being terminated. If these provisions are breached, you may have a cause of action for damages or other relief, and the assistance of an employment attorney may be necessary to secure a recovery.
Many government employees – such as police officers or school teachers – are entitled to certain Due Process protections prior to be terminated pursuant to the Fourteenth Amendment to the Constitution. These Due Process protections afford employees avenues through which to challenge their proposed termination through an informal hearing. If you are entitled to Due Process but did not receive it prior to being terminated, you should consult an experienced employment attorney.
For more information on these claims and others, click on the following:
Title VII and the Delaware Discrimination Act
Wage Payment and Collection
FMLA Retaliation or Interference
Workers’ Compensation Retaliation
Employer Bad Faith and Unfair Dealing
Daniel C. Herr practices in these employment areas and various others throughout Delaware and Pennsylvania, focusing on Wilmington and New Castle County, Dover and Kent County, Georgetown and Sussex County, and the Greater Philadelphia Area. Contact us for a consultation.