Patrick J. Gallo, Jr.

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

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

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.

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.

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.

Banking & Finance Litigation

February 6, 2015 by Hoppel Design

MacElree Harvey’s Banking and Finance Litigation practice group provides legal services to clients who encounter business or personal problems that create financial distress. Whether the financial stress relates to a customer, tenant, competitor, related company, family member, or the client itself, our attorneys are ready to provide counseling, workout solutions and litigation services.

Our Banking and Finance Litigation attorneys have decades of experience regularly working on the following types of matters:

Bankruptcy

Secured and unsecured creditor representations; relief from automatic stays; discharge objections; creditor lien preservation; and defense against debtor or bankruptcy trustee claims for preferences and fraudulent transfers.

Loan Enforcement and Collection

Lender and borrower representations in collection actions, suits on promissory notes, foreclosure actions, confessions of judgment, garnishments, loan default and delinquency proceedings; creditor representations for breach of contract; and purchaser of goods representations for breach of contract.

Real Estate Leases

Landlord representations for lease enforcement; landlord representations for renegotiation of leases in default; landlord representations for collection of delinquent rent; landlord representations for recovery of leased premises possession; landlord representations for evictions; and tenant representations and defense for breach of lease claims.

Loan Workouts

Advise lenders and borrowers regarding debt restructuring, debt consolidation or alternative financing arrangements; and negotiation of loan restructuring to fit the client’s current financial situation.

Liens

Contractor and subcontractor representations for filing of mechanic liens on residential and commercial projects; homeowner or business owner defense representations where mechanics liens have been filed against their property; repairman representations for repairman’s liens; garage representations for garage liens; and warehouse representations for warehouse liens.

Business Disputes and Complex Litigation

Business and individual representations in disputes involving complex commercial transactions and claims including but not limited to fraud, piercing the company veil, successor liability, fraudulent transfers, civil conspiracy and guarantor or personal liability.

Banking and Lender Liability Defense

Bank and other financial institution defense against claims of Uniform Commercial Code Article 3 and 4 violations, negligence, breach of fiduciary duty, breach of contract and fraud allegations; and lender liability representations.

Financial Industry Regulatory Authority (FINRA) Arbitration Litigation

Client representations against brokers or brokerage firms for unsuitable investments and “churning” (excessive buying and selling of securities to generate commissions for the broker) before FINRA.

Executions and Garnishments

Creditor representations to enforce judgments through sheriff sales of real estate, attachment of bank accounts and levy and sale of personal property; advise financial institutions on the attachment of customers’ accounts by creditors; and creditor and debtor post-judgment representations to stay or contest executions.

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

Insurance Coverage Disputes

February 4, 2015 by Hoppel Design

The purpose of insurance is to manage your risks and to avoid catastrophic financial loss. MacElree Harvey attorneys understand this and are committed to not only helping individuals and businesses get the coverage they deserve but maximizing that coverage. Our attorneys recognize that each case is different and requires a unique, creative, cost-effective and tailored approach to maximize insurance recovery and to achieve client goals. Whatever that approach might be, the MacElree Harvey team is experienced to handle everything from the claims handling process to the most complex insurance coverage litigation and arbitration. In certain cases, litigation may not be the best option and our attorneys recognize that.

The Insurance Coverage practice group has dealt with a wide variety of disputes relating to insurance coverage, including:

Bad Faith
Business Interruption Coverage
Construction Defect Coverage
Construction Disputes
Environmental Coverage
Errors and Omissions (“E&O”) Coverage
Directors and Officers (“D&O”) Coverage
Employment Liability Coverage
Fiduciary Liability Coverage
General Liability Coverage
Life, Health and Disability Coverage
Insurance Agent/Broker Malpractice
Insurance Code Violations
Intellectual Property Coverage
Professional Liability Coverage
Property Coverage (including Homeowners and Renters)
Reinsurance Coverage
Warranty Coverage

The Insurance Coverage Group also regularly advises individuals and businesses on insurance issues and policy needs.

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

Patrick J. Gallo, Jr.

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.

Areas of Employment Law We Handle

Employment Discrimination

Workplace Harassment

Whistleblower & Retaliation Claims

Wage & Hour Disputes

Leave of Absence Issues

Employment Contracts

Restrictive Covenants & Non-Compete Agreements

Public Policy Restrictions

Affirmative Action & Diversity Compliance

Employment Law Training & Counseling

Separation from Employment

FAQ: Employment Law in Pennsylvania

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

Bankruptcy

Loan Enforcement and Collection

Real Estate Leases

Loan Workouts

Liens

Business Disputes and Complex Litigation

Banking and Lender Liability Defense

Financial Industry Regulatory Authority (FINRA) Arbitration Litigation

Executions and Garnishments

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