Wage Payment, Non-Compete and other Contractual Issues
In addition to the other areas described on our website, we have significant experience in a wide range of employment-related matters. These include claims for pay and severance pursuant to Pennsylvania's Wage Payment & Collection law; advice, negotiation and litigation of covenants not-to-compete; and the negotiation of executive and professional employment agreements and severance agreements.
Wage Payment & Collection Law
The Pennsylvania statute known as the Wage Payment & Collection Law (WPCL) imposes specific requirements on employers for the timely payment of wages, including some claims for severance pay, and also provides for specific remedies for any violations. Most significantly, the law imposes individual liability on certain individuals in positions of authority for the non-payment of claims; imposes a potential penalty of 25% of unpaid wages, and a mandatory award of attorneys' fees and costs to successful claimants.
Sampling of Cases
We represented a corporation that had an employee leave to work for a direct competitor in violation of his employment agreement. Following a hearing on the merits, we succeeded in obtaining a preliminary injunction in which the court ordered the ex-employee and his new employer to immediately cease violating his employment agreement with our client.
We represented a client who was entitled to certain payments provided his termination was not for "cause" within the meaning of his employment agreement. After terminating him, the defendants refused to pay, claiming that our client had been terminated for cause. After a multi-day bench trial, we secured a verdict of just under $100,000 in wages (including notice pay, severance and unpaid bonus) and penalties, with an additional award of attorneys' fees and costs, and dismissed defendants' counterclaims for breach of contract, tortious interference, and breach of fiduciary duty.
We represented a corporate official in a claim for unpaid wages deferred while the company was in distress. After a bench trial, we won a judgment against the Company and its CEO in excess of $400,000. Defendants' appeal was denied by the Pennsylvania Superior Court. We obtained an award of hundreds of thousands of dollars following five days of hearings before the American Arbitration Association on behalf of our executive client who claimed entitlement to severance pay upon his termination. We obtained a verdict for our physician client after a bench trial based on claims for wages in the form of a bonus, and successfully defended the verdict on appeal.
"I can not begin to express my gratitude for the work you have done on my behalf. The team never ceases to impress me with your analytical tenacity and intellect. Each of you on your own is amazing, but as a team you are a force to be reckoned with!"
@ 2010 Salmanson Goldshaw, P.C. All rights reserved.