Criminal Defense Attorney: Genres of Crime If you are accused of a crime, you will need to seek out a criminal defense attorney. Without a defense lawyer, you may have your sentence extended and the c…Read More
Dutko Law, LLC handles civil cases in both Federal and State courts. No matter what level of case you are in, you can rest assured that our attorneys can negotiate a settlement or take your case to trial. The team at Dutko Law will work efficiently to resolve your legal matter as quickly and efficiently as possible, making certain you can move on from your current situation.
Attorney Dutko thoroughly prepares for the discovery stage, which increases the chance of a fast, low-cost resolution. Contact Dutko Law, for a consultation and learn how Attorney Dutko can put his experience to work for you.
Civil Rights Claims
As a former police officer, Attorney Dutko possesses the knowledge and experience to determine when police, deputy sheriffs, or corrections officers have “crossed the line.” Such cases are brought under a federal statute, commonly known as a “1983 claims.”
For a 1983 claim to be successful, the plaintiff must show that:
(1) a person acting under color of state law
(2) deprived the plaintiff of rights and privileges guaranteed under federal law or the U.S. Constitution.
As a plaintiff, you also must be able to prove you have sustained actual damages. If you cannot prove that you have damages in the case, you may only be awarded nominal damages, not to exceed one dollar.
Actual damages include medical or psychiatric expenses, lost wages, emotional distress, pain and suffering, or damage to one’s reputation. If you have any of the above, you may have a case for a civil rights claim. Don’t let justice fall by the wayside.
Employment Law Claims
Pennsylvania is an employer-friendly state. Often without a specific contract, an employee will be deemed to be “at-will.” At-will, in its most basic form, means that an employer may fire an employee or an employee may quit his/her job without any legal recourse.
Most employees fall into this category and are often barred from bringing a wrongful termination claim. However, Pennsylvania allows a wrongful termination claim if public policy was not followed correctly. For instance, if an employee were fired for attending jury duty or where a person is denied employment because of a criminal conviction not related to the position, they could pursue a case.
Employment claims can be brought in state or federal court. Federal claims are often brought under Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), or Age Discrimination in Employment Act (ADEA).
Attorney Dutko is admitted to practice in the Federal District Court for the Eastern District of Pennsylvania. This court’s jurisdiction includes Berks, Lehigh, and Northampton counties. Click here to learn more about Title VII claims. Click here to learn more about ADA claims.
Employment law is also a construct of state law. Claims for wrongful termination, wage and hour violations, and unemployment compensation are some claims that can be brought in state or administrative courts.
If you would like to discuss your specific civil rights or employment claim, call today for a free consultation.