Robert A. Burke

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

ARTICLES

No posts found.

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 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.

Employment Discrimination

Harassment

Whistleblowing and Retaliation

Compensation, Wage and Hour Issues

Leaves of Absence

Employment Contracts

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

Public Policy Restrictions

Affirmative Action/Diversity Training

Employment Law Training

Labor and Employee Relations Counseling

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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