Employment
Law Claims Process
Copyright TKA 2008

I Want To Sue Now !
Sorry, but with certain exceptions, you can’t go immediately to court even if you have a discrimination or whistleblower claim against your employer.

What you need to do: Usually, the law requires you to pursue what are called “administrative remedies.”  This means you must file a written complaint with a state or federal agency and allow the agency time to investigate it before you go to court.   We can file your administrative complaint for you. We are much faster, more and more thorough in our narrative than these agencies.  We have the forms and the expertise to get your case going FAST!  So call us – Remember the sooner we file your administrative complaint, the sooner we can get you into court.

But you can sue directly under the Family Medical Leave Act and you only have to wait two months – not the usual six months – after filing an Age Discrimination complaint.

This stuff is complicated. Be safe, be sure – call us. Don’t risk losing your case because of a an administrative procedure.

When Do I Need To File An Administrative Complaint ?
You need to file an administrative complaint for the following discriminations.

Filing an Administrative Complaint:
What do I really, really need to do?

It is absolutely essential prior to any action in court under Title VII, the ADEA and the ADA to file an administrative complaint with the appropriate administrative agency.

For a federal complaint involving Pennsylvania employment, a complaint must be filed with the Equal Employment Opportunity Commission within 300 days of the adverse employment decision.

An adverse employment decision involves a firing, a reduction in responsibilities, discipline, or anything else that tangibly affects employment.  There is a much shorter time for filing a complaint under the Pennsylvania Human Relations Act.  This period of time is 180 days.

Therefore, to be safe, you should file with the Pennsylvania Human Relations Commission and with the EEOC within 180 days of the adverse employment decision.  Only in that way can you properly preserve his or her rights.

Sometimes you will have to wait weeks before getting an appointment with the EEOC, simply because they are so busy.

But you don’t have to wait because you can see us, and we’ll file it for you.

We are better able to take the necessary time to ensure that all aspects of the complaint are filed.  We do a far more detailed job than the EEOC and we are quicker, faster and more thorough.  When time is short, or when the issues are significant, it is far better to have a lawyer draft the EEOC complaint and send a copy directly to the employer.

The reason for quick action is that as soon as the employer gets notice of the complaint (even a verbal complaint), he or she cannot retaliate against the employee.  If your employer does retaliate, we’ll handle that as well. We’ll file additional complaints until the retaliation stops.

Any complaint with the EEOC should be also cross-filed with the Pennsylvania Human Relations Commission.

Note: What happens if I fail to file my administrative complaints in time?

YOU WILL PERMANENTLY LOSE YOUR RIGHT TO PURSUE YOUR DISCRIMNATION CASE.

They said I’d be fired unless I did …..
Even if you are not discriminated against – you may still have a case.  For example, if you have been terminated because you served in the armed forces, because you filed for workers’ compensation, because you were on jury duty, or because you refused to participate in a crime, you may have a case. Call us.  Every case is different. We can advise you.

I know my employer is wrong, what can I do – what should I do – I don’t want to lose my job.

New Federal Whistleblower Protections for Employees
After the Enron and WorldCom debacles, the federal government extended additional protections to employees who complain about illegal behavior by their employers.

Most recently, the Sarbanes-Oxley Act (SOX) gives enhanced protections for employees who report corporate fraud and adds penalties for retaliation taken against whistle blowers who complain about, or provide truthful information to a supervisor or law enforcement officer regarding the possible commission of activities that violate federal laws against fraud.

Although there are many federal and state laws protecting employees from retaliation by employers for disclosing illegal activities to government regulators or to law enforcement, Sarbanes-Oxley is unique in that it imposes civil liability for any negative employment action taken against the employee for reporting activities the employee believes to be illegal – even if the report is only to a supervisor.
215-750-3134
Timothy Kolman & Associates
Since 1991