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  Introduction

  If you work for a company with more than 15 employees, this guide will help you understand and navigate the employment laws that may be applicable to your circumstances. For those of you working for smaller companies, you are not without recourse but the way you analyze your options will be different.

  Most states apply the doctrine of "at will" employment which means that you can be fired for any reason or no reason as long as it is not a legally prohibited reason such as race, gender, age, disability, retaliation, wrongful termination, etc.

  If you are looking at this guide, either you or someone you know is suffering from some form of negative treatment in the workplace. The negative treatment could be as a result of some discriminatory treatment, retaliation or simply because you have a personality conflict with your supervisor. The negative treatment could also be related to some perceived poor performance on your part.

  As you go through this Guide, please bear in mind that not all negative treatment in the work place is actionable. The easiest way to explain this is that it isn't against the law for your boss to be a jerk and sometimes, what you are experiencing might just be that, stemming from a severe personality conflict or a case of bad management, neither of which is against the law. As you work through the analysis in this Guide, keep that question in the back of your mind - am I being treated badly because my boss (or other person mistreating you) is a jerk and treats everyone badly, or is there something about me in particular that he is targeting?
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  This Guide is meant to give you a general framework on how to think about your employment experience. It deals primarily with federal law and you should make sure that you seek legal counsel within your state to ensure that you are in the best possible position as you proceed. This Guide intends to give you enough information to determine whether you have the facts and circumstances necessary to make an appointment with an attorney. It will also prompt you ask yourself some difficult questions so that you can make an informed decision about how to proceed. Suing your employer is a very personal and difficult process and you must be fully prepared for what lies ahead. While there are some areas of the law where you can "DIY", this is not one of them. The information contained in this Guide is designed to give you an understanding of the legal process so that you are in a better position to intelligently discuss the issue with your attorney and make informed decisions about your case.

  Common Employment Scenarios

  Most employment situations you will encounter generally fall into three general categories:

  1. Discrimination Cases/Disparate treatment cases.
  2. Wrongful termination cases.
  3. Retaliation cases.

  Disparate Treatment/Discrimination Cases

  Generally, discrimination cases arise from facts where the employee feels that he or she is being treated differently (worse) than other employees in the same department. Usually, the employee has a sense of why they are being treated differently and are able to clearly articulate how they are being treated differently. For instance, you may have worked at the company longer and have more educational and on-the-job experience and be qualified for a promotion but another employee is promoted instead of you. That other employee, your “comparator”, may have fewer years at the company, be of a different race, gender, age or ability, have less impressive education or job experience and may be otherwise less qualified for the job.
• About The Author
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  Ayesha Krishnan Hamilton, Esq. established the Hamilton Law Firm in 2005 in Lansdale, Pennsylvania. Ms. Hamilton is licensed to practice law in Pennsylvania, New Jersey and New York at both the state and federal level.

  Ayesha Hamilton represents employees who have been the targets of work place discrimination based upon their sex, gender, race, age, or disability. Ayesha Hamilton also represents employees who have been fired or treated badly at work because of retaliation for making a complaint against the employer or those facing wrongful termination in violation of law and public policy.

  Ayesha Hamilton helps you navigate the process of separation from your employer, by negotiating a separation or severance agreement, and providing advice and counsel on non-compete agreements and other employment restrictions. When an employer is not willing to negotiate a reasonable solution, Ayesha Hamilton will bring the matter to federal or state court for you to enforce the laws and your rights. Ms. Hamilton will also guide you through the process of filing your claim with the EEOC (U.S. Equal Employment Opportunity Commission) and the PHRC (Pa. Human Relations Commission).

  Please visit the author’s website at www.ayeshahamiltonlaw.com for more information or contact the author at ahamilton@ayeshahamiltonlaw.com.

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