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MacElree Harvey, Ltd.

MacElree Harvey, Ltd.

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Alfred A. Gollatz

Employment Law

December 18, 2015 by Hoppel Design

Employment Law

Employment law is one of the most complex and heavily regulated areas of legal practice. At MacElree Harvey, our employment lawyers bring over a century of combined experience to help clients, both employers and employees, navigate virtually every aspect of the workplace relationship. 

Unlike many law firms, we do not limit our practice to one side. We represent management, business owners, executives, employees, and independent contractors alike. Our loyalty is to our clients, not to an ideology. 

Areas of Employment Law We Handle 

Employment Discrimination

We represent clients in cases involving discrimination based on race, gender, pregnancy, religion, age, disability, sexual orientation, national origin, or genetic information, under both federal and state law.

Workplace Harassment

We advise and represent clients in claims involving sexual harassment, hostile work environments, and other workplace harassment issues. We also counsel employers on compliance with harassment laws to prevent claims before they arise.

Whistleblower & Retaliation Claims

Our attorneys protect employees who report unlawful conduct and defend employers against unfounded retaliation claims.

Wage & Hour Disputes

We handle disputes involving unpaid wages, overtime pay, employee misclassification, and improper wage deductions under the Fair Labor Standards Act (FLSA) and Pennsylvania labor statutes.

Leave of Absence Issues

We assist with compliance and claims under the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and related medical or personal leave laws.

Employment Contracts

We draft, review, and negotiate contracts for executives, managers, and employees. We also represent clients in breach-of-contract disputes through mediation, arbitration, and litigation.

Restrictive Covenants & Non-Compete Agreements

We advise on the enforceability of non-compete, non-solicitation, and confidentiality agreements, and represent clients in related disputes.

Public Policy Restrictions

We handle claims involving workplace policies or agreements that violate established public policy.

Affirmative Action & Diversity Compliance

We counsel employers on diversity initiatives and compliance with federal and state affirmative action requirements.

Employment Law Training & Counseling

We provide training and proactive counseling to help businesses comply with employment laws and reduce the risk of workplace disputes.

Separation from Employment

We negotiate severance packages, prepare and review termination agreements, and advise on lawful separation terms regarding pay, benefits, and post-employment rights. 

This list is not exhaustive of all of the areas where an employment issue may arise. MacElree Harvey is ready to help you if and when they hit the doorstep of your family or business.

FAQ: Employment Law in Pennsylvania

Do you represent both employers and employees? 
Yes. We believe our ability to see issues from both perspectives makes us more effective advocates for every client. 

What counts as unlawful workplace discrimination? 
Unlawful discrimination occurs when an employee or job applicant is treated unfairly because of a legally protected characteristic such as race, gender, age, disability, religion, or national origin. 

Are non-compete agreements enforceable in Pennsylvania? 
It depends. Non-competes must be reasonable in duration, geographic scope, and subject matter. Courts may refuse to enforce agreements that are overly broad. 

What is at-will employment? 
Pennsylvania is an at-will employment state, meaning an employer can terminate employment for any reason or no reason at all — as long as the reason is not unlawful (e.g., discrimination, retaliation, or other wrongful termination). 

What should I do if I’m being harassed at work? 
Document the harassment, follow your company’s complaint procedures, and contact an employment attorney to protect your rights. 

Can an employer deny FMLA leave? 
Yes, if the employer is not covered under the FMLA, if the employee does not meet eligibility requirements, if the request does not qualify under FMLA guidelines, and if the request is not properly submitted to the employer. 

ATTORNEYS

Andrew R. Silverman

Brian J. Forgue

Jeffrey P. Burke

Katherine A. Isard

Patrick J. Gallo, Jr.

Robert A. Burke

ALL PRACTICE AREAS

  • Banking & Finance Law
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  • Employment Law
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  • Litigation Law
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  • Real Estate & Land Use Law
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If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Filed Under: Primary

Intellectual Property Litigation

December 9, 2015 by Hoppel Design

You imagined it. You created it.

Let us help you protect it.

Today’s businesses tend to value intellectual property much more than traditional assets, such as real estate and inventory. Intellectual property can generate revenue, help a company standout from the crowd, and contribute to a company’s goodwill. It comes as no surprise that some wish to infringe or misappropriate these valuable assets.

From trademarks to copyrights, employee training plans, customer lists, formulas, and proprietary business methods, intellectual property is what makes your business your business. MacElree Harvey’s litigation attorneys assist their clients by enforcing and defending what makes your business or passion unique. We have litigated a variety of intellectual property disputes, including trademark and copyright infringement, trade secrets misappropriation, and corporate disputes involving disposition of IP in business divorce.

For example, our attorneys have recently:

  • assisted a manufacturer by obtaining a permanent injunction for trademark infringement against an aftermarket parts dealer;
  • defended a company accused of using copyrighted photographs on its marketing website;
  • helped protect a client’s trade secret customer lists, pricing information, know-how, and formulas from disclosure under a subpoena; and
  • sought injunctive relief against a sales manager who violated a non-disclosure agreement and shared other trade secrets.

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Filed Under: Uncategorized

Trademark & Trade Secret Litigation

February 6, 2015 by Hoppel Design

MacElree Harvey’s attorneys advise clients regarding the protection of trade secrets, trademarks, copyrights, and other proprietary information. The firm’s litigators help their clients enforce intellectual property rights against violators, defend against claims or infringement, and assert claims for breach of licensing and other intellectual property agreements.

Filed Under: Uncategorized

Corporate Governance, Regulatory and Compliance (Self-Insured Corporate Defense)

February 6, 2015 by Hoppel Design

MacElree Harvey’s Corporate Defense practice group represents companies in numerous industries and businesses that have chosen to have significant self-insured retention coverage or are entirely self-insured.

With the goal of avoiding and minimizing liability, the MacElree Harvey Corporate Defense team represents and defends a wide array of industries and business facing lawsuits involving:

  • Business Premises Liability
  • Environmental Liability
  • Municipal Liability
  • Personal Injury
  • Products Liability

MacElree Harvey’s attorneys also defend businesses for alleged violations of federal and state regulatory statutes. Our attorneys assist clients in complying with the Foreign Corrupt Practices Act (“FCPA”). This critical and complex federal law is aimed at preventing bribery of foreign public officials in order to get government preferences. Our attorneys advise clients on oversight of international business transactions and negotiations and internal investigations of suspected non-compliant activities and offer suggestions for internal procedures to ensure compliance.

Filed Under: Uncategorized

Product Liability

February 6, 2015 by Hoppel Design

MacElree Harvey’s attorneys defend individuals and self-insured businesses in high exposure products liability actions regarding a variety of claims, including aviation, toxic tort, medical products, food borne illness, industrial products, toys and power tools. The attorneys in MacElree Harvey’s products liability group have served as national coordinating counsel for Fortune 500 companies and provide efficient representation focused on minimizing costs and long term client impact. Some recent examples of successful product liability defense litigation include a favorable settlement where a client’s mechanical power press injured operator resulting in amputation and a defense verdict for a client against a plaintiff’s claim that a defective electric gate malfunctioned and injured an arm.

MacElree Harvey’s attorneys also represent individuals harmed by dangerous products, including toys, vehicles, machines, consumer products, and medicine. These victims have the right to make a legal claim against the manufacturer and/or seller for compensation for injuries sustained including but not limited to, medical expenses, lost wages, and pain and suffering.

Filed Under: Uncategorized

Commercial Litigation

February 6, 2015 by Hoppel Design

Your business is business. Ours is litigation.

A critical tool in protecting your company’s interests, litigation can also be used to attack those same vital interests – often putting your entire life’s work at risk, and leaving your future uncertain.

At MacElree Harvey, our Commercial Litigation Practice is uncompromisingly committed to providing clients with the upper hand – utilizing the advantage that comes from our years of experience, and our dedication to helping you achieve your overall goals.

With a depth of expertise and the resources expected of large firms without sacrificing the responsiveness and personal attention typically found in much smaller firms, our experienced commercial litigators advise and advocate for the rights of businesses and individuals engaged in sales, trades, and commerce.

Whether you’re an industry leader with high visibility, or a smaller family-owned franchise, from onset to closing, our attorneys are equipped with the sophisticated knowledge and training to ensure you have the right team on your side.

Our clients know that it doesn’t matter if they’re a large business involved in breach of contract dispute, a business or individual seeking to protect his or her intellectual property, or a shareholder seeking to protect his or her rights in a corporate dispute, our commercial litigators approach each matter the exact same way – with the expertise required to properly advise you on the next steps, the skill to unrelentingly fight for, or defend you – and – most importantly – the initiative to obtain the result desired.

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Filed Under: Uncategorized

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Centreville, DE

5721 Kennett Pike
Wilmington, DE 19807
302-654-4454
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Hockessin, DE 19707
302-239-3700
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Kennett Square, PA 19348
610-444-3180
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17 West Miner Street
West Chester, PA 19382
610-436-0100
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