McLaughlin Law Offices has handled a steady stream of employment law cases since 1986 when I joined the general practice my father had started in 1950.  This is an area of the law that has undergone considerable change in terms of the interpretation the courts have put on the statutory structures that were passed over 20 years ago.  The employment practice can be broken down into four basic areas.

• Discrimination cases

• Employee benefit and pay cases

• Employment contract cases

• Unemployment benefit cases

Most of our cases have been suits, complaints and claims on behalf of employees, but we have also represented employer interests.

Discrimination cases, including those that seek remedy for sexual harassment, are the most variable part of the practice. Discrimination cases are typically very fact intensive and difficult to evaluate in terms of the possibility of a likely outcome.  The experience of the office ranges from assisting a client with the initial filing at the Pennsylvania Human Relations Commission to lodging an appeal after a full jury trial in Federal District Court. Since 1986, the office has case experience with nearly every form of discrimination and retaliation.

Fees for discrimination cases vary on a case-by-case basis.  For a typical complaint to the Pennsylvania Human Relations Commission (a required step under the discrimination laws), charges are flat rates between $1600 and $3000 which includes attending an in-person fact finding conference in Philadelphia.  This fee is often credited toward a contingent fee if the case is tried or settled for an amount that generates a fee in excess of that amount.  The client must pay all costs, but there are usually only very small costs for the initial filing.

Employee benefit cases most often involve the denial of certain compensation and benefits after the termination of employment.  Compensation cases, depending on their dollar amount, complexity, likely outcome and intangible factors can be taken on a contingency basis or partial contingency basis as long as the client is willing to pay for the costs of litigation.  Compensation cases in Pennsylvania are also assisted by the Wage Payment and Collection Act, which provides a more effective enforcement mechanism than a pure contract action.  Paying for the case on an hourly basis after posting a billing retainer is also a possibility.  We have also handled cases that involve ERISA (Employee Retirement Income and Security Act) which are usually prosecuted in federal courts.  Both the prosecution and defense of these cases are within the capabilities of the office.

Employment contract cases usually involve the formation or interpretation of employment or separation agreements.  Many times this involves a one-time consultation, which in many cases, is less than $150.  In other cases, ongoing negotiations or drafting will be billed at the current hourly rate.  Both employees and employers have been supplied with these services.

Unemployment benefit cases are most often a situation where the employee has terminated employment and applies for his or her 26-week benefit.  The employer claims the employee quit or was guilty of willful misconduct.  The matter will go to a hearing in front of a Pennsylvania Department of Labor referee who must decide the law and facts of the case.  Depending on the case complexity and the location of the hearing, we usually can set a flat rate fee to prepare for and attend the hearing.  This fee is almost always less than $750.  These cases are not taken on a contingency basis.  We have also handled the appeals process if that should become necessary and is billed on an hourly basis against a posted retained.

Cases can be taken from any County in the Federal Court in the Eastern District of Pennsylvania.  Most of my clients come from Chester, Montgomery, Delaware and Philadelphia Counties.  

Free initial telephone consultation

Free initial telephone consultations can assist the client in deciding if it is worthwhile to pursue a case.  Some complex or ongoing cases require more time to properly evaluate and an hourly fee must be charged.

Be aware that there are very short time periods to file discrimination claims, so find out what they are if you have any thought of seeking compensation or other relief from your employer or ex-employer.

Because of our experience and knowledge in this area of the law, we can explain where you stand and the probability of success in clear terms.  If a case is taken, communication about significant developments in the case is always a high priority.  For example, we usually mail a copy of all outgoing and incoming correspondence to the client so they can follow the progress of the case.

Please note that all the fees stated above are guidelines and not quotes.  The free initial telephone consultation will more fully explain how the fees are set and what you can expect to pay in fees and costs. An informed decision can then be reached on how to proceed.