Best Employment Lawyers in Scranton

FAQs

• What is the non-emergency contact number for the local police station in Scranton, Pennsylvania?

  You may contact the Scranton Police Department at 570-558-8345 for non-emergency assistance.

• Where can I get a copy of police reports for incidents related to my case in Scranton, Pennsylvania?

  The Scranton Police Department maintains a digital database at https://secure.coplogic.com/rar/en/filing/showdisclaimer?dynparam=1684090147347, where you may request a copy of an incident report.

• Can you be paid less than the minimum wage in Scranton?

  Regular employees in Scranton are entitled to no less than the city's $7.25 per hour minimum wage; however, if you are a working student or a disabled employee, you may be paid as low as 85% of that amount. This is only acceptable if your employer obtained special certification permitting the terms of your employment and if you only work 20 hours a week.

• What impact can restrictive covenants have on your employment in Scranton?

  When you violate the terms of the restrictive covenant in Scranton, your employer can seek injunctive relief and obtain a court order enjoining the former employee if the restrictive covenant is reasonably enforced. A restrictive covenant is a contract clause that prohibits you from doing certain things, such as competing with your former employer or disclosing trade secrets. If you violate the contract, you face prosecution and fines.

• What are employment discrimination protections the law provides for uniformed service members in Scranton?

  The city of Scranton abides by the Uniformed Services Employment and Reemployment Rights Act, which protects you from employment discrimination based on military service in a variety of ways, such as if your employer (a) refuses to reemploy you; (b) denies your right to benefits; (c) retaliates against you for engaging in protected activity; or (d) provides premature termination.

• How does the law protect people with criminal records who are looking for work in Scranton?

  Under the Criminal History Record Information Act, Scranton employers are prohibited from evaluating applicants based on their criminal history unless the nature of the employment opportunity precludes the conviction. For example, if a candidate has been convicted of child molestation, they are ineligible to work in childcare settings. The law also permits applicants to sue prospective employers who violated their workers' rights and recover damages between $1,000 and $10,000, in addition to litigation costs.

• Do Scranton's employment laws require meal or rest breaks?

  Scranton employment laws, under the Fair Labor Standards Act, do not require employers to provide meal or rest breaks to employees; it is up to the company's policies to offer up to five to twenty-minute compensable break periods. Employers of seasonal farmworkers and minors, on the other hand, must provide paid breaks of at least 30 minutes. They must also accommodate nursing mothers with reasonably compensated breaks and adequate facilities to express milk.

• What does an employment attorney do?

  Employment attorneys represent workers, companies, unions, and advocacy groups. Their primary job is preventing and resolving disputes related to state and federal employment regulations as well as civil rights. They assist with the development of policies, including laws and employee handbooks, and they represent clients in court and during administrative hearings overseen by the U.S. Equal Employment Opportunity Commission and state-level labor agencies.

• How much should I ask for in a discrimination lawsuit?

  Employment-related claims are among the most complex and time-consuming lawsuits heard in the civil court system. Before workers can file a lawsuit, they must file a claim with the U.S. Equal Employment Opportunity Commission. Every year, the EEOC recovers $505 million for victims of workplace discrimination. When cases proceed to court, the average settlement is approximately $40,000. However, roughly 10% of claimants receive at least $1 million.

• How do I prove discrimination in the workplace?

  Discrimination lawsuits are typically based on an established pattern of behavior in the workplace. Employment attorneys who handle these claims generally advise clients to gather evidence and document all instances of discrimination, harassment, or abuse, as they occur. The following documents are often vital for proving workplace discrimination:

  • Personnel files
  • Payroll records
  • Employee handbooks
  • Diary or journal entries
  • Medical or mental health records
  • Reports from witnesses
  • Photos or video footage
  • Physical evidence

  
  

• Can I sue my company for a hostile work environment?

  Yes, offensive or unwelcome conduct that creates a hostile work environment and affects your terms of employment may give you reason to take legal action. However, rude or abusive behavior on its own isn’t illegal. It must also be tied to other legal issues, such as retaliation for reporting harassment or discrimination directed at members of a protected group.

• What is the EEOC?

  The EEOC is the U.S. Equal Employment Opportunity Commission. It's a federal agency tasked with helping to enforce laws concerning discrimination in the workplace. Not all employers are covered under the EEOC. Typically, you have to work for an organization with at least 15 employees or for a labor union or agency to be covered by EEOC protections.

• How do I report an abusive boss?

  If you believe you're being discriminated against, you have several options. First, follow internal reporting procedures with human resources or other leadership. You can also file a charge of discrimination with the EEOC. Talking to an employment attorney can help you understand your options and protect your interests.

• What laws protect employees from job discrimination?

  • The Civil Rights Act of 1964 provides employees with protection against discrimination based on a wide variety of factors, including national origin, sex, religion, race, and color.
  • The Age Discrimination Act of 1967 applies age to the protected class.
  • The Equal Pay Act of 1963 forbids sex-based compensation discrimination.
  • The Rehabilitation Act of 1973 makes it illegal to discriminate on the grounds of disability in terms of employment decisions.
  • The Civil Rights Act of 1991 adds more protection and power to the federal government to enforce some of these laws.

• How do I file a wrongful termination claim?

  You can file a wrongful termination claim with the EEOC online, via mail, or in person at various EEOC branch offices. You may be able to file a complaint with a state agency. To determine an appropriate plan of action and which organizations you can file with, speak to an employment lawyer.

• What is unfair treatment at work?

  Unfair treatment is not the same as unlawful treatment. There aren't laws against unfair treatment, which can include a boss who generally bullies people into action or someone who doesn't make fair decisions about time off because of nepotism or mood. Such issues may not constitute a claim for a court argument or allegation, unlike unjust judgments made on the grounds of race or age. An employment attorney can clarify if unfair treatment is also unlawful.

• What are some workers\' rights related to injury and illness?

  Employees have a variety of rights related to time off if they're injured or fall ill. For example, in workplaces covered by the Federal Medical Leave Act, workers are allowed to take up to 12 weeks off without losing their position in a company. The leave is unpaid unless PTO time can be used to cover it. Employees may also have rights to file a workers' comp claim if they're injured on the job. All of these laws cover different situations and types of employers, and an employment attorney can help you understand what rights you have.

• Can an employer force you to work?

  This is a gray area in some cases, which is why it may be a good idea to consult an employment lawyer if you have concerns about your workplace. According to the Occupational Safety and Health Administration , workers have a right to refuse to work in dangerous situations. But the burden of proof that this is, in fact, the case, can weigh heavily on the employee.