267-468-0613 kim@ashbachlaw.com

Employment Law

Employment Law for the Employee

As an attorney, the majority of my practice is devoted to representing employees who are involved in disputes with current or former employers. These disputes deal with issues ranging from the terms of employment contracts to illegal employment discrimination and all problems arising out of the creation, maintenance or termination of employment relationships.

I also counsel and represent small employers.

I mention my experience on both sides of the table because an attorney who knows and understands the interests of the other side is always an asset to the client. In my practice, this knowledge and understanding often enables me to approach cases and achieve solutions for my clients that would otherwise not be possible.

I represent employees in the Philadelphia Metropolitan area and throughout the eastern Pennsylvania region in diverse employment law concerns such as:

  • Sexual harassment and discrimination
  • Retaliatory firings and wrongful terminations/wrongful discharges
  • Violations of civil rights
  • Executive severance and non-compete litigation

 

As someone who spent many years as an “employee” working in a large law firm, I understand and have empathy for the individual employee’s perspective and am sensitive to the very emotional nature of employment issues. And as your lawyer, I will help you to understand your situation from a legal standpoint and work with you to identify goals and develop a plan to achieve them.

Whether your situation involves discrimination under the provisions of Title VII, harassment, wrongful/retaliatory discharge, breach of your contract rights or a violation of your due process rights as a public employee, I have the experience, knowledge, and legal skills required to help you reach your goals.

Contact me at my Ambler, Pennsylvania, law offices and speak with an experienced Pennsylvania employee discrimination attorney about your situation today.

Employment Law for Businesses & Employers

Throughout my years representing both individuals and businesses in employment matters, I have an especially sharp appreciation for the pitfalls involved in managing the employment relationship. The parties are best protected when there are clear written policies that are communicated to the employees by trained professionals. These policies set out guidance, boundaries and expectations that shape the relationship and the obligations of the involved parties.

Both sides benefit from having a rigorous system of written expectations, clearly articulated employment policies and ongoing and meaningful evaluations. It is also important for the employer to create a grievance procedure so that there is a process to resolve disputes in a fair and thoughtful setting.

I will work with you to establish an operating framework to limit your exposure to unwarranted employee claims as well as to provide a fair and just forum to resolve workplace grievances when they arise.

In my practice as an employment attorney, I represent small business clients in the Philadelphia Metro area and throughout the east-central Pennsylvania region in a full range of employment law concerns. If you own or represent a business, I can assist you with:

  • Business process audit and review
  • Wage, hour, and overtime issues
  • Handbooks, policies, evaluations
  • Compliance with other federal and state employment laws (ADA, FMLA, FLSA)
  • ERISA concerns
  • Executive severance / employment contracts

Because the consequences of a lawsuit (i.e., sexual harassment, discrimination, and wrongful discharge claims) can quickly take away everything you have worked so hard to establish, employment law demands a proactive approach designed to help your business avoid these disputes before they can become major legal liabilities.

I can work with you to audit the business practices your firm currently has in place and help you to draft policies and other documents that will protect you and your company both today and in future days to come.

To learn more about the services I offer and how I can help your business to continue its prosperity, contact me at my Ambler, Pennsylvania, law offices today and arrange for a time when we can meet to discuss your concerns.

Discrimination & Sexual Harassment

Discrimination comes in a wide range of forms and may be based on factors such as age, race, gender, religion, sexual orientation and disability. In spite of increased societal awareness, discussion, education and training, discrimination is still pervasive in the workplace.

If you think you have been treated differently at work because of your status as a member of a protected class, it is important that you seek the advice and representation of an experienced Pennsylvania discrimination lawyer as soon as possible.

In my practice as an attorney, I represent victims of workplace age, race, sex and disability discrimination in the Philadelphia Metro area and throughout the eastern Pennsylvania region. I have years of experience handling these types of claims and a thorough knowledge and understanding of both the legal issues involved and the emotionally sensitive nature of these concerns.

Philadelphia Sexual Harassment Lawyer

There are two basic types of sexual harassment that occur in the workplace. The first one is known as “Quid Pro Quo” harassment and occurs when someone is offered an inducement such as a promotion in exchange for some form of sexual attention.

The second type involves what is known as a “hostile work environment.” In a hostile work environment, an individual is subjected to different treatment on the basis of their gender. This may include inappropriate comments, touching, “practical jokes,” and other similar types of actions. Harassment can occur against either sex by members of that sex or the opposite sex.

I also provide guidance to business owners interested in preventing instances of harassment or discrimination and representation in meritless claims made against them.

Whether you need a Pennsylvania age, sex, or race discrimination lawyer (Title VII) or Title IX (educational institutions) attorney, I can help you to understand your situation from a legal standpoint and develop a plan to reach a successful outcome.

Retaliation | Montgomery County Retaliation Attorney

Strong Representation for Mistreated Workers

Employees who expose their employer’s wrongdoing or report discrimination and harassment in the workplace may not be retaliated against under state and federal law. However, many Pennsylvania workers are demoted, fired or treated in other wrongful ways after reporting unlawful conduct.

I am Kimberly H. Ashbach, and I represent employees who have suffered workplace retaliation. The law prohibits employers from retaliating, but it is a common event in the workplace. I counsel workers on how to protect themselves when facing potential adverse employment decisions.

To arrange a consultation with experienced Montgomery County retaliation lawyer Kim Ashbach, please call 267.468.0613 or contact my Ambler law firm online.

Common Reasons for Retaliation

After nearly 20 years of practicing employment law, I have the skill and knowledge needed to vindicate the rights of employees who have been retaliated against by their employers. I have handled a variety of cases involving retaliation for:

  • Reporting discrimination or sexual harassment
  • Reporting FLSA and state minimum wage violations
  • Reporting OSHA violations
  • Filing a workers’ compensation claim
  • Taking time off under the Family and Medical Leave Act
  • Filing a Sarbanes-Oxley (SOX) claim
  • Refusing to engage in unlawful conduct on behalf of the employer

Recognizing Retaliation

Retaliation comes in many forms; some is covert and pretextual, while other retaliation is more obvious. As your attorney, I will investigate the situation and help you take appropriate action. Some common types of workplace retaliation are:

  • Wrongful discharge/wrongful termination (firing)
  • Demotion
  • Unwanted transfer to another department or area within the company
  • Dead-ending (no advancement opportunities)
  • Unjustified negative performance reviews

Representation for Employers

In my practice as a Pennsylvania retaliation lawyer, I regularly represent employers who are facing lawsuits by employees alleging retaliation. These claims can arise under a variety of statutes, such as Title VII, the Age Discrimination in Employment Act, the Pennsylvania Human Relations Act. My vast experience handling both sides of these cases allows me to see the case from all points of view. I can anticipate the arguments the other side will make, and respond accordingly, allowing me to aggressively defend these cases and therefore protect your company’s interests and reputation.

I can also counsel your business in how to prevent these claims from being made, by setting up best practices for the organization, targeted to proper management and discipline of employees.

Ambler Employment Agreement Lawyer

To learn more about how I can assist you or your company, please schedule a consultation with me. Call 267.468.0613 or contact my Ambler law firm online.

Executive Employment & Severance Agreements |Montgomery County Executive Employment Agreement Attorney

Bucks County Severance Agreement Lawyer

The employee/employer relationship can benefit significantly from agreements that clearly lay out the obligations, rights and expectations of the parties. Similarly, when the employment relationship ends, a fair severance agreement can make the termination and transition more palatable for everyone, and less anxiety-filled for the departing employee.

At the law office of Kimberly H. Ashbach, Esq., I negotiate, draft and review employment and severance agreements for executives, managers, technology specialists and other high-level professionals. With nearly 20 years of employment law experience, I know how important it is for these agreements to be fair, to provide adequate compensation and to protect your rights.

To arrange a consultation with an experienced Montgomery County employment and severance agreement lawyer, please call 267.468.0613 or contact my Ambler law firm online. I serve clients in the Philadelphia metro area and throughout eastern Pennsylvania.

Comprehensive Employment Agreements

As a highly skilled negotiator, I work with both employers and employees, helping them to craft agreements that provide the type of compensation and benefits packages that match the marketplace. If you are an executive and you have already been offered a position with a company, I can review the agreement presented to you. I am available to assist individuals and businesses with a wide variety of executive employment agreements, including:

  • Pre-employment agreements
  • Term employment contracts
  • Trade secret and nondisclosure agreements
  • Noncompete agreements or restrictive covenants
  • Telecommuting agreements
  • Proprietary agreements

Severance Agreements

If you are leaving your company and you have been offered a severance package, you should speak with a trusted employment attorney. Most severance agreements contain general releases requiring that you waive your right to bring a lawsuit against the company in the future. Before executing any such agreement, you need to understand what, if any, rights that you are relinquishing.

I will analyze the agreement to see if more favorable terms are possible and if the compensation provided to you is adequate. Often, if you have a potential claim against the company, I can achieve a larger severance package for you.

If you are an employer, and you are concerned about potential legal action by an employee, we can draft severance agreements designed to minimize the risk of litigation and protect your company’s interests.

Let My Experience Work for You

As someone who understands the issues and interests at play on both sides of the negotiating table, I am usually able to achieve solutions that would otherwise not be possible — resolving thorny dissolutions of employment relationships without the need for a protracted and expensive courtroom battle.

However, there are times when going to court is the only way truly to protect my clients’ interests. If your case goes to trial, you can trust in my proven ability to present cases to judges and juries across Pennsylvania.

Contact an Experienced Philadelphia Executive Compensation Attorney

To learn more about how I can assist you or your company, please schedule a consultation with me. Call 267.468.0613 or contact my Ambler law firm online.

Wage and Overtime Claims | Fair Labor Standards Act

Montgomery County Wage and Overtime Claims Lawyer

Seeking Full and Fair Compensation for Philadelphia-Area Workers

Federal and state laws establish the minimum wage for employees and require the overtime to be paid to employees who are not exempt from overtime under the law. All employees who qualify for coverage under the Fair Labor Standards Act (FLSA) and state law are entitled to receive minimum wage. If you in a position that is not exempt from receiving overtime under the Fair Labor Standards Act, you are entitled to overtime wages for hours worked in excess of 40 hours during a defined work week.

Sometimes employers fail to understand the wage and hour requirements of the FLSA and corresponding state law, and fail to pay their employees properly for all time worked. If you have not been paid fairly, Kimberly H. Ashbach, Esq. can help. As an experienced Philadelphia wage and hour attorney, I know the FLSA in depth and can help you protect your rights.

What Does the FLSA Cover?

The FLSA is comprehensive and complex statute governing:

  • Failure to pay minimum wage or overtime
  • Improper docking or charge back to wages
  • Failure to properly classify workers
  • What time is  “time worked” including required preparation to work or being “on call” for work
  • Youth employment
  • Break time for nursing mothers

Who is Not Protected by the FLSA?

Some workers are exempt from the overtime requirements because they are salaried employees and considered to be professional, and therefore exempt from coverage. Workers who are generally exempt from overtime pay include:

  • Executive, administrative and outside sales professionals
  • Computer professionals
  • Professional and scientific personnel
  • Commissioned sales personnel of retail establishments
  • Seasonal and recreational employees
  • Certain religious organizations

Contact an Ambler Fair Pay Attorney

If you have questions concerning coverage under the law or any rights to receive minimum wage and/overtime pay, please contact Kimberly H. Ashbach, Esq. Call 267.468.0613 or contact my Ambler law office online.

You may be entitled to receive liquidated damages for any willful violations of these laws as well as the payment of your attorney’s fees.

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Ambler, PA 19002

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