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MacElree Harvey, Ltd.

MacElree Harvey, Ltd.

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Jeffrey P. Burke

Empowering and Educating

January 21, 2025 by MacElree Harvey, Ltd.

Good Morning Jeff,

I just wanted to thank you so much for taking the time out to educate the blind community on workplace rights and accommodations. This is typically a very confusing, intimidating, and anxiety-inducing topic to tackle within the blind community, but you provided us with so much information in such a digestible and comfortable way. I can honestly say that I learned just as much as our students, and they took a lot away from your presentation.

Perhaps what I enjoyed the most is that you gave us such a good foundation surrounding strategies to use when advocating for accommodations, as well as our responsibilities and how we can protect ourselves throughout the process. For example, you began by informing us that the process starts with knowing ourselves and our needs, and particularly, knowing what we need to perform job duties effectively before we even address accommodations with the employer. I also loved that you managed expectations by sharing that receiving accommodations is often an “incremental and fluid” process that may take some time, but that throughout that process, it is important to communicate clearly and respectfully. This really ties into how we teach our students to advocate in every aspect of their lives.

I also appreciate that you informed us on further responsibilities on the employee side while also contrasting employer responsibilities. For example, I did not know that laws can vary in how they are applied depending on the number of employees and that protections for employees may only apply if employee numbers at a business exceed fifteen in many states, or four in PA due to specific state laws. I am also glad that you explained how employers have to provide accommodations during the application process as well as on the job and that overall, they must ensure that we have the same opportunities as others to perform in the workplace as long as it does not constitute an undue hardship. You also beautifully defined undue hardship including hazards, disproportionate financial hardship depending on company size, or negative impacts on other people’s ability to do the job and gave great examples including that of the forklift operator. You also detailed how employers should ultimately be providing training and adjustments and have a legal obligation to address issues like scheduling and issues with the workplace environment if reasonable. It is good to know that cost and whether accommodations may be disruptive to the workplace are the biggest concerns of employers, because it allows us to think ahead and plan  how we can address their concerns and “open dialog and negotiations” so that solutions are mutually beneficial.

You clearly explained that it is ultimately the responsibility of both the employer and the employee to find a solution to the issue of accommodations and that the burden is not solely on the employer. It was also vitally important for our students to know that in the case that they themselves do not follow up or provide the necessary information to support the accommodation process, judges can rule that they have not fulfilled their responsibilities as an employee. Therefore, we have to advocate for ourselves and be responsible for both having the conversation and complying with the necessary steps. The best way to do so is to advocate for ourselves by having a direct conversation with an employer; record the interaction by creating a paper trail; and protect ourselves by keeping a journal throughout the process. This was so important for you to add because I have seen first-hand how this can protect someone should they have to press a lawsuit.

In short, you were a phenomenal presenter and your information will be invaluable to all of us, not just the students. I feel a much greater sense of clarity and confidence knowing more about my rights and responsibilities; employer responsibilities and concerns; trouble-shooting solutions; and strategies to protect myself, and I know our students felt the same. Thank you so much for also taking the time to answer our questions patiently and concisely. I truly felt that you left no stone unturned. This was a great way to introduce work accommodations and your presentation alleviated a lot of stress surrounding this topic. Please join us again if possible. Your service to the blind community is so appreciated. I wish you and your family the best!

Sincerely and with the utmost gratitude,

X

Employment Law

December 18, 2015 by Hoppel Design

Employment Law

Employment has evolved into one of the more complex and heavily regulated areas of law. MacElree Harvey’s team of employment attorneys are recognized as having the sophisticated business and legal expertise you need in virtually every aspect of the employment relationship.

MacElree Harvey does not limit its employment practice to representing either management or employees. We have seen enough to know that neither side of the management-worker relationship has the market cornered on virtue. We take some pride in our decision that, as attorneys, we do not stand up for causes, but rather we represent clients. If you are looking for an ideology, you may want to go elsewhere.

Here, you will get our candid assessment based on the law as it is. With over a hundred years of combined experience, the attorneys in our employment group are oriented to help you make sense of the legal arena and achieve sensible results for your family or business.

We excel at creating innovative strategies – and long term solutions – because we don’t take on causes; we help clients.

MacElree Harvey attorneys represent both employers and individuals concerning virtually every aspect of their relationship. This area of law has evolved to become more complex and heavily regulated. Our employment attorneys bring over a hundred years of experience in finding the best solution for our clients.

Employment Discrimination

We provide advice and representation for employees and employers in discrimination disputes including, but not limited to, claims related to race, gender, religion, age, disability, and genetic information.

Harassment

Our attorneys represent both employees and employers for issues regarding workplace harassment and advise our clients about federal, state and local legislation to help ensure our clients’ lawful compliance.

Whistleblowing and Retaliation

MacElree Harvey attorneys protect the rights and interests of employees who are concerned with the legality of their employer’s actions.

Compensation, Wage and Hour Issues

Compensation disputes implicate a large, complex body of federal, state and local laws. Our experienced attorneys advise employers on these intricate practices and represent employees in class action suits regarding wage and hour issues.

Leaves of Absence

Our attorneys help employees who have been denied leaves of absence under such federal statutes as the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Though these are the two most notable issues regarding leaves of absence, we are prepared to help you with any leave of absence issue that may arise.

Employment Contracts

We will negotiate employment contracts for both employees and employers including provisions dealing with benefits, severance, grounds for termination, and a host of other subjects. Our attorneys also represent employees and employers for breach of employment contracts in mediation, arbitration, and trial.

Restrictive Covenants, Non-Competes, Non-Solicitation and Confidentiality Agreements

We provide advice and representation to both employees and employers regarding the application and enforcement of restrictive covenants, non-competes, and agreements of the like. Moreover, we advise clients about the ramifications of these covenants after the employee-employer relationship has ended. Read more…

Public Policy Restrictions

We represent employers and employees in disputes resulting from workplace practices and employment contracts that violate public policy.

Affirmative Action/Diversity Training

We provide advice for employers aimed at fostering compliance with complex law which governs the ever-changing diversity of the workforce.

Employment Law Training

Our attorneys provide crucial training for the benefit of employees and employers to help navigate the complex waters of employment law.

Labor and Employee Relations Counseling

We assist employees and employers concerning virtually every aspect of the employment relationship in attempts to avoid unnecessary conflicts in the workplace. However, conflict inevitably arises and our experienced attorneys are equipped with years of experience to meet the needs of employees and employers alike.

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.

ATTORNEYS

Andrew R. Silverman

Brian J. Forgue

Jeffrey P. Burke

Katherine A. Isard

Patrick J. Gallo, Jr.

Robert A. Burke

OFFICES

West Chester, PA

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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

Arbitration

December 7, 2015 by Hoppel Design

In family law matters, arbitration can be an extremely cost-effective and useful tool to resolve disputes between parties. The arbitration process is similar to a trial, as the two disputing parties present evidence and testimony is given, not only by the parties but by their experts. The parties’ lawyers are also present during this process. The arbitrator is a neutral third-party who will consider all evidence and testimony presented by the parties regarding their dispute. He or she will render a binding decision at the conclusion of this presentation based on the facts of the case and the laws of the State in which the parties’ action is based.

The parties and their attorneys will have the opportunity to meet with the arbitrator before the process begins to review the details, discuss proposed exhibits, witnesses, etc., as well as the anticipated length of time the arbitration might require. Arbitration is generally quicker and less expensive than an actual trial before a judge, although extremely complex matters may be, by their very nature, time-consuming and, therefore, costly. This is a contingency which would be discussed at the time of your initial consult with the arbitrator. The matrimonial law attorneys at MacElree Harvey are able to provide clear, concise advice and experienced legal representation throughout the entire arbitration process.

If you would like to schedule a consultation, please contact us at one of our offices below or submit the contact request form.

Filed Under: Uncategorized

Corporate Compliance and Internal Investigations

May 4, 2015 by Hoppel Design

Filed Under: Primary

Jurisdictional Disputes

February 9, 2015 by Hoppel Design

MacElree Harvey Family Law attorneys are frequently involved when there is a Jurisdictional Dispute between Pennsylvania and Delaware. A Jurisdictional Dispute could concern Child Custody where parents live in different states, or Divorce where the spouses reside in different states. MacElree Harvey’s Family Law attorneys can analyze the jurisdictional requirements and the differences in the laws between the two states and help you make an informed decision about how to proceed regarding your Jurisdictional Dispute.

MacElree Harvey’s Family Law Group includes attorneys who practice in both Delaware and Pennsylvania. The Delaware office is conveniently located on Route 52 in Centerville, close to both the Pennsylvania border and Wilmington. Our Chester County, Pennsylvania law offices are located in West Chester and Kennett Square. The MacElree Harvey Family Law Group also has an office in Doylestown Bucks County, Pennsylvania. Our experienced team of Family Law attorneys practice in Bucks, Montgomery, Delaware and Chester counties in Pennsylvania and New Castle, Kent and Sussex counties in Delaware.

If you would like to schedule a consultation, please contact us at one of our offices below or submit the contact request form.

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

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(610) 436-0100

LEGAL SERVICES

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Centreville, DE

5721 Kennett Pike
Wilmington, DE 19807
302-654-4454
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724 Yorklyn Rd #100
Hockessin, DE 19707
302-239-3700
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209 East State Street Road
Kennett Square, PA 19348
610-444-3180
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West Chester, PA

17 West Miner Street
West Chester, PA 19382
610-436-0100
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