Robert A. Burke

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.

Guardianships

August 10, 2015 by Hoppel Design

The attorneys in the Estate and Trust Litigation Department at MacElree Harvey also handle Guardianship matters in Pennsylvania, Delaware and New Jersey before the Pennsylvania Orphans’ Court Divisions of the Court of Common Pleas, the Delaware Chancery Court and the New Jersey Superior Court, Chancery Division. Guardianships entail both matters involving children, and matters involving incapacitated persons.

Matters involving Guardianships for children usually entail a close relative, sibling or friend consenting to being the guardian for a child for various reasons. Typically, it is because the mother and father are not available, either temporarily or permanently. A Guardianship allows the relative or friend to register the child in their school district, obtain Federal and State aid and provide a stable home for the child. The procedure is not too difficult, but it does involve the giving of notice to all next-of-kin. Usually there is a Hearing and the Court will award Guardianship unless it is convinced that it would not be in the best interests of the child to do so.

Guardianships for adult incapacitated persons is a much more complex area of the law. The hearings themselves involve two basic areas: the finding of incapacity and the appointment of a Guardian. In order for the person to be found incapacitated, there is need for expert testimony, usually a doctor, psychologist or professional of comparable education and expertise. The testimony of the expert is either entered through a witness deposition, or by live testimony. The second, and often more difficult, problem is that of appointing a Guardian of the Person and a Guardian of the Estate. The Guardian of the Person handles all of the alleged incapacitated person’s personal care and health issues. The Guardian of the Estate, on the other hand, handles all of the financial affairs of the alleged incapacitated person.

Filing a Petition for Guardianship has often been used in situations where a Power of Attorney is abusing his or her obligations and, sometimes, is mishandling the funds for their own personal gain. The Guardianship proceeding puts the Court in the middle of these disputes and, if successful, the Petitioner for the Guardianship can gain control of the assets, with the Court overseeing the handling of the assets and the care. Guardians, once appointed, must file an Inventory and must file an Annual Report. Those reports are audited by the Court system, with a considerable amount of diligence.

Members of our Estate and Trust Litigation Group have backgrounds in various disciplines, including psychology, law and accounting. Many of our members have been named as Super Lawyers in Philadelphia Magazine and Top Lawyers in Main Line Today. We understand the sensitivity of the situation of a loved one in need of care and guidance.

Finally, the Orphans’ Court of Chester County, Pennsylvania has a Mediation Program. This has been an effective tool to avoid excess legal costs by having the family meet and resolve their issues, resulting in a stipulated agreement as formally entered into as an Order of the Court for enforcement and oversight. John F. McKenna, our Chairman of the Estate and Trust Litigation Department is a Court-Approved Guardian.

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

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.

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.

Trust & Estate Litigation

February 4, 2015 by Hoppel Design

Estate Litigation encompasses all matters that would be heard in the Orphans’ Court division in the Court of Common Pleas. These types of disputes involve guardianships, will contests, trust terminations, estate tax appeals, accounting, and other litigation involving decedents’ estates.

Our attorneys who practice in this area represent executors, beneficiaries, banks, family business partnerships, trust companies and non-profit organizations. Not only does the area of estate litigation involve decedents’ estates and trusts, but also matters involving financial disputes concerning minor’s estates. The attorneys often interpret wills, trust documents and non-profit corporate articles of incorporation.

The estate litigation department often, and with increasing frequency, refers matters to private alternative dispute resolution. In matters involving family disputes, it is often desirable for the families to resolve their differences in a non-courtroom setting. However, in matters such as surcharge actions or Petitions to Remove Executors, our attorneys are well versed in the special Orphans’ Court rules established for disputes in the Court of Common Pleas of Pennsylvania.

There is also an increase in fiduciary liability cases. These are matters that often deal with self-dealing and fraud issues when a Power of Attorney, Trustee or Executor/Administrator of an estate is defending or prosecuting actions of wrongful taking from the entities that they have been charged to financially oversee. These matters typically involve accounting, surcharge actions, and actions to assess liability and damages.

Representative Cases

Successfully filed a Petition with the Orphans’ Court to modify a Trust so that it could be terminated and the proceeds of the Trust were distributed to adult children when the purpose of the Trust was no longer being met. That purpose of the Trust was to protect the interests of any unborn children at the death of the Settlor. Since there were no such children, the Trust needed to be terminated.
Helped a family deal with an incapacitated elder parent by finding a Guardianship protective service agency and a financial institution to act as Guardians of the person and of the estate, respectively. The agency Guardian of the person managed the nursing and activities of daily living needs of the elderly parent, while the financial institution invested and managed the funds.
The Pennsylvania Department of Revenue denied a deduction on an estate tax return based on the valuation of a minority shareholder issue. The court upheld a Petition filed by our office challenging the denial of the deduction.
A non-profit corporation decided to dissolve and distribute its assets. A Petition was filed by our office and was successful in obtaining court approval of the schedule of distribution.
It was alleged that a Will was forged. Our office filed a Petition challenging said Will and it was established, through an expert, that the signature of the Decedent was traced. The matter successfully settled out of court.
An Executor was taking money from an estate. Our office brought an action on behalf of the beneficiaries. The Executor was surcharged and ordered not only to put back the amount that he had taken from the estate but also reimburse the estate for the cost of the fees that were incurred.

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

Litigation Law

January 29, 2015 by Hoppel Design

Litigation Law

From its inception, MacElree Harvey has been the home of accomplished trial lawyers serving clients in Southeastern Pennsylvania and Northern Delaware.

Our attorneys are known for their efficient and effective representation of a broad range of clients.

The firm has continued that tradition by recognizing that the legal challenges facing individuals, families, businesses, professionals, and charities can have devastating consequences if not properly prosecuted or defended.

To meet the challenges of today’s legal climate, while MacElree Harvey continues to have a broad range litigation practice, the firm has also begun to concentrate its practice areas so that clients who face a particular legal challenge in these areas can expect quality representation by the right litigation lawyer with the right level of experience.

PRACTICE AREAS

Robert A. Burke

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.

Representative Cases

Litigation Law

From its inception, MacElree Harvey has been the home of accomplished trial lawyers serving clients in Southeastern Pennsylvania and Northern Delaware.

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

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