Krevsky Bowser FindLaw IM Template 2026-10-29T14:36:12Z https://www.krevskybowser.com/feed/atom/ WordPress /wp-content/uploads/sites/1102346/2019/06/cropped-ID-1-32x32.jpg On Behalf of Krevsky Bowser <![CDATA[What if your boss changes your duties after a complaint?]]> https://www.krevskybowser.com/?p=51503 2026-10-29T14:36:12Z 2026-10-29T14:36:12Z When losing an account matters Retaliation means your employer punishes you for reporting conduct you reasonably believe breaks discrimination laws. Claims often focus on why an employer changed someone's work after a complaint. You keep that protection even if a review finds no wrongdoing. Your employer does not have to cut your pay or fire you for retaliation to occur. Losing an important client account may count if the change would deter a reasonable worker from reporting discrimination. If your supervisor reassigned the account soon after your report, the timing could suggest a link. Comments blaming you for reporting the jokes offer more support. Timing alone does not prove retaliation.

Keeping performance decisions fair

Your boss might say you lost the account because your work was not good enough. Your employer still has the right to address real performance problems after a complaint. Earlier reviews help show whether your supervisor raised those issues before you spoke up. Employers may reduce retaliation risks by training supervisors and team leads to rely on clear work standards the company set before a complaint. When changing schedules, imposing discipline or reassigning duties, managers review those standards and earlier performance records. They also check whether they applied the same rules to coworkers.

Keeping track of the change

You may want to save your complaint and earlier work reviews, along with messages about the lost account. Those records help you compare your boss's explanation with the standards in place before you complained. They also give you context as you learn about your workplace rights.]]> On Behalf of Krevsky Bowser <![CDATA[Can you be fired for political beliefs in Pennsylvania?]]> https://www.krevskybowser.com/?p=51500 2026-10-26T18:47:21Z 2026-10-26T18:47:21Z Are political beliefs protected under Pennsylvania law? Pennsylvania generally follows at-will employment. This means an employer can usually fire a worker for any reason that does not break the law. The Pennsylvania Human Relations Act (PHRA) bans job discrimination based on certain protected traits. These include race, religion, ancestry, national origin, age, sex and disability. Political affiliation is not on that list. The Pennsylvania Human Relations Commission (PHRC) lists current protections on its employment discrimination page. Pennsylvania also bars employers from threatening workers over their political views or votes. Section 3547 of the Election Code covers specific types of pressure and coercion. It does not ban firing workers for their political beliefs.

When could firing someone over political beliefs be unlawful?

Government employees may have added protections. The First Amendment may protect public workers who speak out as private citizens. The subject must be a matter of public concern. Courts weigh that right against the employer’s need to run its workplace. A firing can raise other legal issues if an employer uses political views as cover for unlawful discrimination. Reporting wrongdoing may also be protected. The outcome depends on the law and the specific facts.

What should you do if you believe you were fired for political views?

If you suspect an unlawful reason for your firing:
  • Save relevant records: Keep termination notices and messages you are allowed to retain.
  • Review workplace policies: Check rules on political expression, social media and employee conduct.
  • Document possible bias: Record relevant comments, actions and dates.
  • Seek legal advice: Ask an employment attorney whether a law may protect you.
Political beliefs alone generally do not stop a private employer from firing a worker. The employer’s identity and the real reason for the firing can affect your rights. If you are unsure whether your situation raises a legal concern, an employment attorney can help you understand the options available to you.]]> On Behalf of Krevsky Bowser <![CDATA[What happens if you refuse to sign a noncompete agreement]]> https://www.krevskybowser.com/?p=51498 2026-10-07T07:24:09Z 2026-10-07T07:24:09Z Refusing as a new hire versus current employee If signing the noncompete is a condition of the job offer, an employer may decide not to move forward if you decline to sign. The details of the offer and the agreement's terms can affect what happens next. Current employees face a different issue when an employer introduces a new noncompete. Pennsylvania law generally requires new and valuable consideration when an employer asks an existing employee to enter a restrictive covenant after employment has begun. Continued at-will employment alone is not sufficient consideration for a new restrictive covenant.

Negotiating terms before signing

You may still be able to negotiate the agreement. Possible areas for negotiation include the length of the restriction, geographic scope and types of work covered. For example, you might ask whether a two-year restriction could become six months or whether a broad geographic limit could apply only to a specific county. An employer may be willing to narrow the restriction while still protecting valid business interests.

Know when to seek legal advice

Pennsylvania courts consider several factors when evaluating a noncompete. These include whether the agreement is supported by adequate consideration, whether its duration and geographic scope are reasonable and whether the restriction serves a valid business purpose. Special rules may apply to certain health care providers. Pennsylvania's Fair Contracting for Health Care Practitioners Act limits certain noncompete agreements involving covered providers. Violating an existing noncompete raises separate questions about whether the restriction is enforceable and what remedies the employer may seek.

Review the agreement before signing

Refusing to sign does not guarantee that an employer will change the agreement or keep a job offer open. Before agreeing to any restrictions, you can ask questions, negotiate terms and have the agreement reviewed by an attorney.]]> On Behalf of Krevsky Bowser <![CDATA[Can remote work be a reasonable accommodation for a disability?]]> https://www.krevskybowser.com/?p=51279 2026-09-30T15:57:29Z 2026-09-30T15:57:29Z Your employer announced that everyone must return to the office five days a week. A chronic illness, mobility limitation or mental health condition may make a daily commute and a full day on-site hard to manage, even though you have done your job well from home. You may wonder whether the law lets you ask for something different. Often it does, depending on your job and condition. Here is how remote work fits into disability law and what can shape your request.

Legal protections that may cover remote work requests

Federal disability law generally covers private employers once they have at least 15 employees. Under the Americans with Disabilities Act (ADA), an eligible worker may ask for changes to workplace rules or conditions when a disability affects how the job is performed. A reasonable accommodation is a change to how or where you work that lets you do your job. The Pennsylvania Human Relations Act (PHRA) offers similar protections and reaches employers with four or more employees. Working from home can count as a reasonable accommodation under both laws. One survey found it is now the most requested accommodation as companies call workers back. A company-wide return-to-office policy generally does not cancel your employer's duty to review your individual situation. However, a request based on child care or personal preference usually falls outside these laws. Even when the law applies, your request still has to fit your job.

Job duties and limits that can affect your request

Courts look closely at a job's essential functions, which are the core duties of the role. If your work requires hands-on tasks, in-person customer service or on-site equipment, remote work may not be reasonable. Employers can also deny an accommodation that would cause undue hardship, meaning significant difficulty or expense. These limits on reasonable accommodation mean the outcome often turns on specific facts. Your employer may also offer a different option, such as a quieter workspace or a flexible schedule, if it meets your needs. Working remotely during the pandemic does not automatically entitle you to keep doing so. Still, a strong record of remote performance may support your request. A hard commute alone generally doesn't require your employer to let you work from home. Knowing these limits can help you prepare for the next step.

The interactive process after you ask

Once you ask for an accommodation, your employer should start the interactive process. This is a good-faith dialogue about your limitations and possible solutions. You don't need special legal terms, but putting your request in writing creates a record. If your disability or need isn't obvious, your employer may ask for reasonable medical documentation. The ADA and PHRA also bar employers from punishing you for asking.

Your options if your employer says no

Remote work isn't a given, but it can be a valid accommodation when your job and condition support it. If your employer denies your request without discussing other options, keep copies of your request, the response and your performance records. You generally have 180 days to file a complaint with the Pennsylvania Human Relations Commission and 300 days to file a charge with the Equal Employment Opportunity Commission. Acting early helps protect your right to challenge a denial that may break the law.]]> On Behalf of Krevsky Bowser <![CDATA[Does sexual harassment by a client count as workplace harassment?]]> https://www.krevskybowser.com/?p=51203 2026-09-10T09:55:40Z 2026-09-11T05:01:28Z Sexual harassment does not always come from a boss or coworker. A client, customer, vendor or other third party can also make your workday uncomfortable or unsafe. You may face sexual jokes, comments about your body, unwanted messages or repeated requests for dates. When this happens, you may wonder whether the conduct violates workplace laws. The answer depends on the facts. A client’s conduct can become a workplace issue when it is unwelcome, based on sex and affects your ability to do your job.

When client conduct may cross the line

Federal and state anti-discrimination laws may protect you from sexual harassment by people outside your company. Your employer may have duties to respond when it knows, or reasonably should know, about potentially unlawful conduct. Several facts can help show whether a client’s behavior creates a hostile work environment:
  • What the client said or did: Sexual comments, unwanted touching, suggestive messages and repeated invitations can raise concerns.
  • How often it happened: A pattern of conduct may carry more weight than one isolated remark, though a single incident can still matter in some situations.
  • How the conduct affected your work: The behavior may be more serious if it distracts you, causes fear or makes it harder for you to perform your job.
  • What your employer knew: Reporting the conduct can help show that the company had notice of the problem.
  • How your employer responded: An employer may need to take prompt, appropriate steps to address the situation.
The proper response can depend on the employer’s control over the client relationship and the workplace. For example, an employer might reassign the account, limit contact with the client or set clear boundaries for future interactions.

Your employer’s response matters

Your employer does not have to accept harmful client behavior as part of doing business. When you report a problem, the company should evaluate the situation and take reasonable steps to stop unlawful harassment. Keep records of what happened, including dates, messages and the names of people who witnessed the conduct. You may also want to save copies of written reports you send to a supervisor or human resources. Legal assistance can help you look at what happened, identify the workplace protections that may apply and consider your next steps. Speaking with an attorney early may also help you avoid missing an important filing deadline.

You deserve respect at work

A client does not need to work for your company to affect your workplace rights. If sexual conduct from a client becomes part of your working conditions, you may have options. An employment attorney can review the facts, explain the protections that may apply and help you assess your next steps.]]> by Krevsky Bowser <![CDATA[Can you be fired for refusing illegal work in Pennsylvania?]]> https://www.krevskybowser.com/?p=51201 2026-09-04T10:59:33Z 2026-09-04T10:59:33Z What must be proven in a wrongful termination claim? A termination may support a wrongful discharge claim when the evidence shows that an employer fired an employee for refusing to engage in clearly unlawful conduct or for another reason that violates Pennsylvania public policy. Key factors include:
  • An illegal order: The employer directed the employee to falsify records, commit fraud, violate safety rules or engage in other unlawful conduct.
  • A clear refusal: The employee rejected the illegal request rather than taking part in it.
  • Close timing: The employer fired the employee soon after the refusal, which may support an inference of retaliation.
  • A weak reason for firing: Positive reviews, a strong work record or shifting explanations may challenge the employer's stated reason.
  • Useful evidence: Emails, messages, reviews, witness accounts and termination records can help establish what happened.
A successful claim may recover back pay, front pay, lost benefits and damages for emotional distress. Serious cases may also support punitive damages or attorney's fees. The strongest claims show that the termination resulted from illegal conduct, protected activity or a violation of public policy.

Protecting rights after a questionable firing

A questionable termination does not always end an employee’s legal options. A clear record of events, workplace documents and a careful review of any severance agreement can help show whether a firing violated Pennsylvania law. An employment attorney can review the facts and explain possible remedies. Acting promptly can also help preserve key evidence and protect important legal rights.  ]]> On Behalf of Krevsky Bowser <![CDATA[Structuring severance agreements for departing employees]]> https://www.krevskybowser.com/?p=51195 2026-08-24T13:25:43Z 2026-08-24T10:16:24Z When an employment relationship ends, a well-written severance agreement can give both you and your employee peace of mind. But using a generic template or an outdated form can create more problems than it solves. Courts in Pennsylvania are now very strict about vague language in legal documents. If your agreement limits an employee's legal rights too much, a judge might throw the whole document out. To protect your company, make sure your forms follow current state and federal laws. Custom agreements are much more effective than generic ones.

One size does not fit all

Many businesses use the same severance template for years. Some assume that if a legal document worked once, it will work again. In Pennsylvania, this is a risky assumption. When the court invalidates your entire agreement, you may have already paid out severance funds. You may not receive the legal protections you expected in return. Here are three common pitfalls that can cause a court to scrutinize the document:
  • Non-compete clauses: FTC rules and strict Pennsylvania common law requirements render most non-compete clauses in severance agreements unenforceable. If you must have non-compete clauses, they must protect a legitimate business interest and have reasonable restrictions. 
  • General releases: Most agreements include a release of claims. However, you cannot ask employees to give up certain legal rights. For example, you usually cannot waive future workers’ compensation claims.
  • Non-disparagement clauses: Under NLRB decisions such as McLaren Macomb, overly broad severance terms may be unlawful. Employers generally cannot offer agreements that stop non-supervisory employees from discussing working conditions. Doing so can violate federal labor law.
Certain provisions, especially vague or ambiguous ones, can invite legal challenges.

Actions and protections

Employers should check their severance documents often to avoid legal issues. Do not use a "one-size-fits-all" form for every person leaving the company. Instead, think about the employee’s specific role. A manager may need a very different agreement than a regular staff member. Consider consulting legal counsel when updating your severance agreements. The cost of this preventive measure is a worthwhile investment to avoid the disruption of civil litigation.]]> On Behalf of Krevsky Bowser <![CDATA[Can your job contract stop you from taking an employer to court?]]> https://www.krevskybowser.com/?p=51190 2026-08-18T17:03:05Z 2026-08-18T15:53:13Z What can an employment contract restrict? Employment contracts can lawfully restrict how workers resolve disputes. It can limit the timeframe within which you must bring a claim forward.  In some cases, contracts include confidentiality provisions that restrict what you can disclose about the dispute or its outcome. These types of restrictions are generally permitted under Pennsylvania law, provided they are fair and clearly disclosed.

What is an arbitration clause?

Many employers include arbitration clauses in job contracts. These clauses require workers to resolve disputes outside of court. Instead of a judge, a private arbitrator manages the proceedings. Employers often prefer this process because it tends to be less public. In some situations, the process may also work in their favor.

Are arbitration clauses legal in Pennsylvania?

In most cases, yes. Pennsylvania courts consistently uphold arbitration agreements under the Pennsylvania Uniform Arbitration Act. The Federal Arbitration Act also applies to many employment contracts. However, not every clause is automatically enforceable.

When is a contract clause invalid?

Courts do not automatically enforce every clause in an employment contract. Instead, they evaluate the following factors:
  • The clause disproportionately favors the employer
  • The clause was concealed within fine print
  • The clause attempts to eliminate all available legal recourse
  • There was insufficient time to review the terms before signing
Judges scrutinize the fairness of the terms and whether both parties genuinely agreed to them. Finding one or more of these issues in a contract does not guarantee a specific outcome. However, it does give a court strong reason to question whether that clause should apply to your situation.

Protecting your rights as an employee

Your signature on a contract does not mean you surrendered all of your rights. Pennsylvania law sets boundaries on what employers can and cannot take away. If you believe a contract provision goes too far, review the agreement before signing or challenging it.]]> On Behalf of Krevsky Bowser <![CDATA[What if someone outside the company sexually harasses a worker? ]]> https://www.krevskybowser.com/?p=51183 2026-07-30T03:08:45Z 2026-08-03T05:00:55Z When outside conduct creates employer responsibility Your employer may face liability if it ignores sexual harassment by a nonemployee. In Pennsylvania, the Pennsylvania Human Relations Act (PHRA) treats such misconduct as workplace sex discrimination. The law also provides a process for seeking relief. Pennsylvania Human Relations Commission (PHRC) guidelines state that responsibility may arise if management knew or should have known but failed to take prompt and proper corrective action. The agency also weighs the company’s control over the offender. For example, a restaurant can ban a customer who makes sexual comments to a server. That authority often helps define a reasonable response.

How to report the conduct

Follow company policy and submit a written report. Include dates, statements, actions, witnesses and prior complaints. This account can give management notice and preserve key facts. If the company does not act, you may file with the PHRC or the Equal Employment Opportunity Commission (EEOC). A PHRC complaint generally must be filed within 180 days of the alleged discrimination. An EEOC charge often has a 300-day deadline, while state law may cover the same basis. The law also bars retaliation for a reasonable, good-faith complaint. A demotion or cut in hours may support an allegation if the report caused that adverse action.

Why timely guidance matters

Emails, messages and witness names can show what occurred and when management learned about it. This evidence may also link a later employment decision to your report. An attorney can assess the facts, identify viable claims and calculate the correct filing period. Prompt advice matters because an internal grievance generally does not extend an agency deadline.]]> On Behalf of Krevsky Bowser <![CDATA[Can an employer deny a request for religious accommodation?]]> https://www.krevskybowser.com/?p=51176 2026-07-15T14:11:57Z 2026-07-30T14:08:24Z What legal protections do you have? Federal and Pennsylvania laws protect employees from religious discrimination at work. Title VII of the Civil Rights Act applies to employers with 15 or more employees. It requires them to provide reasonable accommodations for religious beliefs unless doing so would create an undue hardship. The Pennsylvania Human Relations Act provides similar protections and applies to employers with four or more employees. When you ask for a workplace change based on your religion, your employer should discuss your needs and consider possible solutions. However, the company does not have to approve your preferred option.

When can an employer deny an accommodation?

A company may deny a request if the accommodation would create an undue hardship. Under federal law, this generally means the change would cause substantial costs compared with how the business operates. For example, an employer may have concerns if an accommodation affects workplace safety, creates major disruptions or results in significant expenses. Recent Supreme Court decisions explain that a company usually must show more than a small inconvenience to deny a request.

What accommodations can you ask for?

Religious accommodations can take different forms. You may request schedule changes to observe religious holidays or attend services. Some employees need exceptions to dress rules so they can wear religious clothing or follow grooming practices. Others may need time and space for prayer during the workday. Your employer should consider other options if your first request creates challenges. For example, if you cannot work certain days because of your faith, the company may offer flexible scheduling or allow shift swaps with coworkers.

What should you do if your request is denied?

Ask your employer to explain why it denied your request and why it believes the accommodation would create a hardship. Keep records of conversations, emails and written decisions about your request. Review your employee handbook to understand your company’s policies. If you believe the denial violated your rights, you can learn about filing a complaint with the Equal Employment Opportunity Commission or the Pennsylvania Human Relations Commission. Speaking with an employment attorney may also help you understand your options.

What is the deadline to file a complaint?

In Pennsylvania, you generally have up to 300 days to file a charge with the Equal Employment Opportunity Commission because state law also protects against religious discrimination. If you file directly with the Pennsylvania Human Relations Commission, you generally have 180 days from the alleged discriminatory action.

Understanding your rights at the workplace

A denied accommodation request does not always mean your employer acted unlawfully. The reason for the denial and the impact of the requested change can affect whether the decision was appropriate. Keep detailed records, review your workplace policies and consider seeking guidance if you have concerns about how your employer handled your request. Understanding your rights can help you make informed decisions about your next steps and potentially make your workplace a safer, more equal place.  ]]>