In the ideal situation, damaging conflicts would not arise between employees and their employers, and relationships within companies would be calm and without dispute. However, this is unfortunately not always realistic, and sometimes, employee-employer disputes do erupt. When that happens, these disputes may be able to be resolved through a simple talk, or through comparatively relaxed legal methods like mediation, or arbitration.
But, when none of these methods are able to yield results and settle the matter, an employee may elect to pursue more extreme measures, and to file a claim for a lawsuit against their current or former company or employer. If an employee or previous employee is taking legal action against you or your company, you need to be able to defend yourself in court. That’s where the employment law defense litigation attorneys at Berkowitz Klein come in.
At Berkowitz Klein, our attorneys have over 25 years of experience handling matters of employment law defense litigation in Chester County and across southeastern Pennsylvania. We work with businesses in Philadelphia, West Chester, Doylestown, King of Prussia, and Malvern, and beyond. We have built up relationships with local judges over the years, and know the towns and cities we serve well. If you are need of an employment law defense litigation attorney, you can call on Berkowitz Klein for assistance. Some of the most common areas of employment law defense litigation our attorneys handle include:
- charges of wrongful termination
- violation of non-compete agreements or trade secrets
Wrongful Termination and Employment Discrimination
A former employee may allege that they were wrongfully terminated by you or your business, and file a lawsuit against you as a result. A charge of wrongful termination leveled against your company can result short- and long-term damages, such as restitution fines, and a dented reputation. Consumers may not wish to purchase goods or services from a company they believe wrongfully terminated one of its employees. To protect both the image and the financial resources of your business, you need to enlist an aggressive team of attorneys to defend against wrongful termination claims. Among the most widespread reasons for employees alleging wrongful termination are those pertaining to discrimination. It is very common for a former employee to charge their previous company with firing them due to matters of age, race, religious beliefs, veteran status, sexual orientation, gender, or disability. These are serious charges, because employee discrimination is illegal under a variety of federal laws, including but not limited to:
- Title VII of the Civil Rights Act of 1964
- the Americans with Disabilities Act (ADA), and the ADA Amendments Act (ADAAA)
- the Equal Pay Act
- the Age Discrimination in Employment Act
Additionally, adherence to anti-discriminatory federal laws is closely monitored and aggressively advocated by the U.S. EEOC (Equal Employment Opportunity Commission).
Violation of Non-Compete Agreements and Trade Secrets
All for-profit businesses thrive on capital, of course — but in order to obtain that capital, businesses first have to offer the general public with goods or services that people wish to buy. In order to do this successfully, many companies need to protect valuable and highly-sensitive trade secrets which give them the edge over competing businesses.
Trade secrets may be formulas, recipes, databases, or other forms of information. However they manifest, where they exist, their strict confidentiality is crucial to maintaining profitability. In order to preserve trade secrets, or to prevent employees from exploiting resources gained at a company (such as sales leads, for example), some employers may have their employees sign non-compete agreements, also known as restrictive covenants. When an employee agrees to a non-compete agreement, they are stating that they will not enter into direct competition with their employer for a given time and place.
When an employee violates a non-compete agreement — for example, by going to work for a rival company, or by spreading confidential information in the industry community — employers may have a right to take legal action to contain the damages they consequently suffer from. At Berkowitz Klein, our experienced and knowledgeable attorneys can help to determine whether a given non-compete agreements are enforceable, and if so, start you on the path to claiming restitution.