The lawyers of Triquetra Law provide representation
and consultation in employment matters for both employees and employers.
We believe that every employee should be able to work in a safe, fair and
lawful work environment. As a result, we focus our practice on employee
discrimination and retaliation cases. Some of these cases may include:
The lawyers at Triquetra Law primarily represent
and counsel employees, however, we provide legal services for selected
employers as well.
Here are some examples of how we may be able to help you with an employment
case:
| For Employees: |
For Employers: |
Each employment case is based on its own specific facts, but generally,
we can help you:
-
Assess your case – We will work with you to gauge what the best steps may
be to achieve a safe and discrimination free workplace. We will also
review and advise you on other civil cases that you could file.
|
-
Find evidence of the wrongful act – Even if you think someone treated you
wrongly you must have proof to establish a legal case. This can involve
searching for witnesses and documents, and reviewing policies and practices
with other employees.
|
-
By acting as the contact between you and your employer - We are your advocates,
and your representatives. This means you have someone to speak for
you and partner with you through the difficult task of challenging your
employer.
|
-
Be informed throughout the case – Being responsive to you means we will
educate and inform you about the progress in your case. Understanding
the law and the facts of your case will help us work toward your goals
together.
|
-
We will help you connect with other organizations or resources that may
be able to assist you with your non-legal issues.
|
-
We will zealously represent you at all stages of the case, including negotiations,
pretrial proceedings, your trial, and any necessary appeals that may result
from your case.
|
|
We provide help to employers in certain cases. Each employer’s
situation and needs are unique, but we can help you:
-
Review existing policies -- We will assess your existing policies and identify
needs and issues. We will help you make your policies clear and understandable.
|
-
Draft new policies – We will draft policies that send a message to your
workforce and the community that you care about your employees. Some
examples include: Domestic Violence policies, Workplace Violence policies,
Domestic Partner policies, and Nondiscrimination policies related to sexual
orientation and gender identity.
|
-
Provide training and orientation for managers and staff – Discrimination,
retaliation and harassment issues are complicated. Training is always
essential. We will provide your workforce with training that incorporates
adult learning principles to reinforce the important messages you want
to convey to your employees.
|
-
Provide advice and consultation – Policies and training cannot cover all
the possible scenarios that arise in the workplace. The lawyers at Triquetra Law will provide quick, confidential, principle based legal
advice that promotes your goals of achieving a safe and discrimination
free workplace.
|
-
Provide representation during litigation – Even the best employers get
sued. The lawyers of Triquetra Law can represent you through
this process as well.
|
|
For more information about how a lawyer can help you protect your rights
in the workplace, contact Triquetra Law at: 717-299-6300.
|
For more information about how our attorneys can help you provide a
safe and fair workplace, contact Triquetra Law
at: 717-299-6300. |
[top of page]
Sexual Harassment:
What is it?
It is difficult to work effectively when experiencing harassment
at work. Harassment that focuses on gender or sexual characteristics
is particularly challenging because an employee may feel isolated, and
in some cases, threatened. For instance, an employer may expect sexual
favors from an employee in exchange for different treatment at work.
Other examples of sexual harassment may include employees working in hostile,
intimidating or offensive work environments.
What is the consequence?
Federal and state law protects employees from sexual harassment.
Some remedies an employee may seek include:
-
A court order to stop the harmful employer behavior.
-
Back pay if the employee was wrongfully terminated or lost a job opportunity
as a result of the sexual harassment.
-
Front pay, or pay the employee would have received in the future if the
harassment had not prevented the employee’s return to the workplace.
-
Attorney fees for the costs of securing an attorney to fight the case.
For more information about sexual harassment in the workplace, contact
Triquetra Law at: 717-299-6300.
[top of page]
Race, National Origin and Gender Discrimination:
What is it?
Every employee hopes to get a raise or a promotion. Employees
work hard and follow directions so that their employers will choose them
for recognition and advancement. Not everyone can advance, but we
all assume we have a fair chance. This assumption is consistent with
the law. The color of an employee’s skin, and the employee’s cultural
background or gender should not affect the employee’s ability to get a
promotion or a raise. Discriminatory hiring and termination decisions
are also not allowed.
What is the consequence?
Unfair treatment based on race, national origin or gender in
the workplace is forbidden by state and federal law. Some remedies
an employee may seek include:
A court order to stop the employer’s harmful behavior and to reinstate
the employee to his/her former position.
-
Back pay if the employee was wrongfully terminated or lost a job opportunity
as a result of the discrimination – This may include pay and benefits the
employee would have received had the discrimination not occurred.
-
Front pay, or pay the employee would have received in the future if the
discrimination had not prevented the employee’s return to the workplace.
-
Attorney fees for the costs of securing an attorney to fight the case and
win.
For more information about unlawful discrimination in the workplace,
contact Triquetra Law at: 717-299-6300.
[top of page]
Disability Discrimination:
What is it?
Employees who are differently-abled may be eligible for certain
job protections under the Americans with Disabilities Act (ADA).
If the disability limits your ability to do one or more activities that
are common to most people and an employer doesn’t make changes that allow
you to complete your job tasks, then you may have a cause of action against
your employer. An employer also cannot refuse to hire you because
of this disability.
What is the consequence?
One of the primary goals of an ADA lawsuit is to return the
injured party to the position the employee would have been in had the injurious
action not occurred. Some remedies an employee may seek in an ADA
lawsuit include:
-
Back pay – This may include lost wages and benefits from the date of the
harmful act until the end of the lawsuit. Back pay may include salary,
bonuses, vacation pay, and pension and health benefits.
-
Front pay – This includes pay the employee would have received in the future
if the discrimination had not prevented the employee’s return to the workplace.
-
Job reinstatement with accommodations – The employee with a disability
returns to work with some changes in place that the employer pays for.
-
Punitive damages – This includes additional money from the employer as
punishment for intentionally ignoring the needs of an employee with a disability.
-
Compensatory damages – This is money for the disabled employee to justly
compensate for the injury, such as money for emotional distress, mental
anguish, pain and suffering, inconvenience, humiliation, and medical expenses
incurred as result of psychological or physical harm.
-
Attorney fees – As with most laws that protect civil rights, the employer
must pay the employee’s attorney fees when the employee succeeds with the
claim.
For more information about disability discrimination in the workplace,
contact Triquetra Law at: 717-299-6300.
[top of page]
Family and Medical Leave Protections:
What is it?
The federal Family Medical Leave Act (FMLA) is a law that protects
your job when you need time off to take care of your family or your health.
This law requires employers to grant up to 12 weeks of unpaid leave during
a 12 month period to an employee who needs to take time off for:
-
Childbirth
-
Child adoption
-
Care of an immediate family member’s serious health condition
-
Care of your own serious health condition
This is an important law for primary caregivers and people struggling
with an illness that affects their ability to work. An employee seeking
FMLA leave has the right to retain health care benefits during the leave
and to return to the same or equivalent position when the leave is complete.
When an employee returns from leave, the employer must provide the employee
with the same benefits.
What is the consequence?
If an employer violates this law, employees can seek to be
reinstated to their jobs and get back pay for time lost due to the violation.
Employees may also be eligible for a money award equal to the amount of
pay they lost because of the employer’s violation plus interest.
Filing a civil lawsuit in conjunction with another cause of action, like
gender, pregnancy or disability discrimination, may result in more monetary
relief for the employee.
For more information about your right to take Family & Medical Leave,
contact Triquetra Law at: 717-299-6300.
[top of page]
Pregnancy Discrimination:
What is it?
An employer may not fire, refuse to hire or refuse to promote
a woman simply because she is pregnant. Imagine discovering you are
pregnant, knowing that your employer will require you to take leave or
to take a different position at your job. Pregnancy leave should
only be considered if the pregnancy keeps you from performing your job.
Treating an employee who is pregnant as a disabled person is unlawful,
unless the employee seeks disability leave.
What is the consequence?
Federal and state law protects pregnant employees from discrimination.
Some remedies the employee may seek include:
-
A court order to stop the employer’s harmful behavior and to reinstate
the employee to her former position.
-
Back pay if the employee was wrongfully terminated or lost a job opportunity
as a result of the discrimination – This may include pay and benefits the
employee would have received had the discrimination not occurred.
-
Front pay, or pay the employee would have received in the future if the
discrimination had not prevented the employee’s return to the workplace.
-
Attorney fees for the costs of securing an attorney to fight the case and
win.
For more information about unlawful pregnancy discrimination in
the workplace, contact Triquetra Law at: 717-299-6300.
[top of page]
Employer Retaliation:
What is it?
Sometimes employees notice things in the workplace that appear
unlawful and the employee informs the employer. Informing an employer
may take on many forms, e.g., threatening to file a complaint, complaining
to management or others about the discrimination, or refusing to engage
in discriminatory action. Most of the time employers do the right
thing and stop the discrimination (e.g. the sexual harassment, racial or
gender discrimination) or other actions that violate public policy.
However, some employers take action against the employee that reported
the problem instead. Taking action against an employee as retaliation
may include firing or demoting the employee, or reducing the employee’s
work hours. Even if the underlying claim of discrimination
or other action against public policy is unsuccessful or is dismissed,
the retaliation claim may move forward and succeed.
What is the consequence?
Federal and state law prohibits employers from retaliating
against employees for alerting the employer to discriminatory action.
Some remedies the employee may seek include:
-
Lost wages and benefits the employee would have received had the retaliation
not occurred.
-
Pay the employee should receive until the employee is reinstated or secures
a position with comparable pay.
-
Additional money to compensate the employee for the emotional distress
suffered as a result of the retaliatory action by the employer.
-
Additional money may be awarded to the employee when the employer acts
in a willful, malicious or oppressive manner against the employee.
-
Attorney fees for the costs of securing an attorney to fight the case and
win.
For more information about unlawful retaliation in the workplace,
contact Triquetra Law at: 717-299-6300.
[top of page]
Age Discrimination:
What is it?
An employee who is over 40 years of age may file an age discrimination
claim. An employee may file a claim when an employer makes a decision
about a promotion, a raise, or a layoff and bases that decision solely
on the employee’s older age. For example, an employee may allege
age discrimination when the employer lays off a 45 year old employee and
hires a younger employee to fill that same position.
What is the consequence?
Some remedies an employee may seek under the Age Discrimination
in Employment Act (ADEA) include:
-
Back pay – This includes lost wages, the value of lost fringe benefits,
pension benefits and lost vacation time.
-
Front pay – This includes pay the employee would have received in the future
if the discrimination had not prevented the employee’s return to the workplace.
-
Attorney fees – As with most laws that protect civil rights, the employer
must pay the employee’s attorney fees when the employee succeeds with the
claim.
-
Rehire and reinstatement – In some cases, the employer will agree to rehire
the older employee and stop the discriminatory practice.
For more information about age discrimination in the workplace,
contact Triquetra Law at: 717-299-6300.
[top of page]
|