Overview of PA Whistleblower Law
Nov 13, 2012
The Pennsylvania Whistleblower Law, 43 P.S. 1421, et seq. holds that no employer may discharge, threaten or otherwise discriminate or retaliate against an employee regarding the employee's compensatio...
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Retaliation Claims under Title VII – Brief Overview
Nov 13, 2012
Title VII of the Civil Rights Act provides: "It shall be an unlawful employment practice for an employer to discriminate against any of his employees...because he has opposed any practice made an unlaw...
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Protection for Employees who are Retaliated against for Refusing to Work under Unsafe Conditions
Nov 13, 2012
Section 11(c) of the Occupational Safety and Health Act of 1970 (Act), at 29 U.S.C. 660(c), offers protection to employees who face retaliation for refusing to work in the face of imminent danger. Sec...
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Legal Malpractice Claims in Pennsylvania
Nov 13, 2012
In order to establish a claim of legal malpractice, a plaintiff must demonstrate three basic elements:
1) employment of the attorney or other basis for a duty; 2) the failure of the attorney to exerci...
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Claims for Unfair Competition in Pennsylvania
Nov 13, 2012
The Pennsylvania Court of Common Pleas has defined unfair competition according to its definition in the Restatement (Third) Unfair Competition 1 (1995). See e.g. Babiarz v. Bell Atl.-Pa., Inc., 2001 ...
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Tortious Interference Claims in Pennsylvania (Prospective Clients Defined)
Nov 13, 2012
Under Pennsylvania law, the requisite elements of a cause of action for interference with prospective contractual relations are as follows: (1) a prospective contractual relationship;(2) the purpose or...
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Tortious Interference Claims in Pennsylvania (Absence of Privilege or Justification Defined)
Nov 13, 2012
The tort of intentional interference with existing contractual relationships is governed by section 766 of the Restatement (Second) of Torts, which the Pennsylvania Supreme Court adopted in Adler, Bari...
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Hostile Work Environment Claims under Title VII and the Pennsylvania Human Rights Act
Feb 20, 2012
Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to discriminate against any individual with respect to his [or her] compensation, terms, conditions, or privileges of employm...
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When Assent to a Contract is Obtained by Duress in Pennsylvania
Feb 20, 2012
The formation of a valid contract requires the mutual assent of the contracting parties. Essner v. Shoemaker, 393 Pa. 422, 425, 143 A.2d 364, 366 (1958) (citation omitted). Mutual assent to a contract ...
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How to determine whether an Unemployment Compensation Claimant is an Independent Contractor in Pennsylvania
Feb 06, 2012
In Pennsylvania, there is a presumption under Unemployment Compensation Law (Law) that an individual receiving wages is an employee and not an independent contractor engaged in self-employment. Electro...
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