Berlinger & SmallBerlinger & Small | Berlinger & Small

admin — Wed, 26 Oct 2011 16:27:07 +0000

Montgomery County Law Firm of Berlinger & Small

Berlinger & Small is a full service, civil practice law firm in Abington Township serving clients’ needs locally and nationally.
Mindful that legal costs can be burdensome, the Firm is proactive in assisting clients to anticipate and avoid or minimize legal problems. The Firm’s Mission is to provide excellent, comprehensive, timely and cost effective legal services with sound counseling and powerful advocacy before courts, mediators and administrative bodies.
Founded in 1986, the firm’s attorneys practice in the areas of business formation, contracting and succession planning, employment law, unfair competition and trade secret protection, real estate, zoning and land use development, family law, estate counseling and administration and significant personal injury matters. The firm’s attorneys are admitted to practice before all courts in Pennsylvania, the United States District Court for the Eastern District of Pennsylvania, the United States Third Circuit Court of Appeals and the United States Supreme Court, and provide litigation services in all areas of the firm’s practice. Members of the firm also have been admitted in other federal courts for particular matters.
Recognizing that Berlinger & Small is a part of a larger community, all Firm attorneys devote pro bono time to charities, religious institutions and child advocate organizations. The Firm has been a member of the Eastern Montgomery County Chamber of Commerce for over 20 years.
If you need legal advice call Berlinger & Small at (215) 366-2405.

Our Attorneys:
Patricia B. Small
Richard W. Berlinger
Robert W. Small

admin — Thu, 20 Oct 2011 14:01:25 +0000

Protecting Your Rights at Work

Employment discrimination and wrongful termination claims can be difficult to prove because the employee must establish that the reason for an adverse employment decision, such as being fired, not hired, not promoted, or harassed in the workplace was that the employee was a member of what the law regards as a protected class or due to a violation of public policy. Protected classes include: gender, race, national origin, age, religion, disability,and might include sexual orientation, depending on where the discrimination took place. When an employer makes a choice or a decision that affects an employee using any of these factors discrimination might occur. To determine the legality of these decisions it is important to seek the counsel of a skilled attorney experienced in employment law and discrimination in the the workplace, such as Berlinger and Small.
Examples of potentially unlawful workplace discrimination situations that employees might face include:
Hiring/Firing/Promotions: You apply for a job for which you have experience and excellent qualifications, but you are not hired because the employer or a customer of your employer wants to deal with employees of a different race, religion, gender etc. You are told that you are laid off due to company cutbacks and reorganization, but others in the same job and with less seniority than you keep their jobs. You have worked for your company for several years, receiving exemplary reviews and awards, yet every time you apply for a promotion the position is filled by a less qualified employee.
Pay: Equal pay for equal work. You start at the same time as another associate of a different gender. You both receive exemplary performance reviews, however, the other employee gets a larger raise, perhaps because he or she has a”special” relationship with the boss.
Benefits: Your company’s health insurance policy does not cover your male spouse, because it is assumed he will have his own benefits, while the wives of your male coworkers are covered. Because your husband is not covered you have to pay increased health benefits on his behalf than your male coworkers pay for their wives.
If any of these things have happened to you on the job, or you believe you were treated differently from other employees because you are in one of the protected classes you might have suffered discrimination.
If you believe that you are a victim of workplace discrimination, please call us at (215) 366-2405

admin — Thu, 20 Oct 2011 14:01:25 +0000

Defending Workplace Lawsuits

Preventing expensive discrimination and other forms of employee lawsuits, such as wage claims, begins before an employee is hired. Discrimination lawsuits can be caused by job advertisements and postings or things said or asked during an employment interview. Having managers properly trained in the hiring, management and termination of employees as well as clearly drafted work rules and employment handbooks are essential to avoiding lawsuits. Wage claims can result from inappropriate policies regarding overtime, break time, commission payment and termination payments.
Assisting clients in preventing and defending employee claims is an important aspect of the employment law practice at Berlinger & Small. Employers facing actual or potential employee claims benefit from our 25 years experience dealing with those matters.

To avoid costly litigation it is important that employers seek the advice of counsel before:

Making specific employment decisions that an employee might regard
as negatively impacting him or her
Advertising and interviewing for, offering or terminating employment
Responding to an employee request under the Family & Medical Leave Act
Intercepting employee email sent from the employer’s computer
Disciplining an employee
Taking action as a result of disputes between employees
Entering into or amending an employment contract
Deciding to treat a worker as an independent contractor rather than as an employee
Making decisions about the payment of wages or commissions.

Employment discrimination claims start with filing a charge before the United States Equal Employment Opportunity Commission (EEOC) and/or the equivalent state agency-in Pennsylvania, the Human Relations Commission. Having our attorneys respond to charges makes a favorable agency determination more likely — and might avoid a subsequent lawsuit or problems arising from inadequate factual investigations. A properly prepared response might result in an early and favorable agency resolution or an economical settlement before investment of substantial time and attorneys fees in litigation. As important, legal representation before the agency will help establish a sound defense if litigation does follow.
Consulting Berlinger & Small to educate management on how to avoid employee lawsuits and before making employment decisions might avoid claims and claims of discrimination from being filed.

Contacting us promptly after an employee makes a claim and before taking action might:

Avoid an Agency charge being filed and the cost, time, and fees associated with defending a charge
Establish an appropriate defense strategy
Improve the likelihood of a favorable outcome
Avoid fines and penalties

It is essential to retain attorneys with experience in the defense of discrimination claims; who are able to provide the proper combination of candid case evaluation, effective defense strategy, and zealous trial advocacy. The attorneys at Berlinger and Small are such attorneys.
If you need legal advice call Berlinger & Small at (215) 884-6745.

Real Estate Law

admin — Thu, 13 Oct 2011 14:54:52 +0000

In a tight real estate market, getting things right the first time can help you protect the value of your transaction. You can avoid unnecessary delays, unnecessary expenses and litigation risks if you know your rights and responsibilities in detail. Reliance on a real estate broker or agent to resolve tricky legal issues can be hazardous.

Estate Administration

admin — Thu, 13 Oct 2011 14:41:57 +0000

Probate and Estate Administration

Probate is the legal process by which a person’s assets are distributed after death. If a person dies with a valid Will, an executor is named to administer the estate. If a person dies without a Will, the Court will appoint an administrator. Whether there is a Will or not, the assets of the estate must be determined and any debts settled. Berlinger & Small advises and represents an estate’s personal representative, family members or beneficiaries interested in ensuring that a Will is properly administered and that the deceased’s intentions are carried out. We understand the financial and legal issues involved and often save clients time and money in settling an estate.

Berlinger & Small advises the personal representative through all steps of the probate process, including:

Preparing and filing a petition to name a personal representative
Applying for federal tax ID number for an estate or trust
Collecting and valuing the assets and debts of the estate
Notifying creditors and other interested parties of the probate action
Advising personal representatives on the actions they must take to fulfill their fiduciary duties
Paying outstanding debts
Paying inheritance and estate tax
Distributing the estate in accordance with the decedent’s wishes
Closing the estate and filing all necessary papers with the Court

A delay or mistake in the probate process can consume time and money and create liability for the person responsible for administering it. Our experience can help you avoid probate problems before they happen. Located in Abington, we serve clients in estate planning, administration, and litigation matters throughout Montgomery and Bucks counties.

If you need legal advice call Berlinger & Small at (215) 366-2405.

Estate Planning

admin — Wed, 12 Oct 2011 15:33:57 +0000

Pennsylvania Estate Planning

Few people want the government to determine what happens to their assets when they die or what medical treatment they will receive if they become terminally ill and are unable to make decision for themselves. Without proper estate planning — the absence of a Will or other appropriate document — that is exactly what will occur. Even more troubling is how often parents neglect to designate a guardian for their children.

With blended and non-traditional families, the issues are even more complex and the outcome more uncertain in the absence of well-advised estate planning. Couples who live in blended families or non-traditional relationships have unique lifetime and estate planning issues that can be addressed properly only through well-thought out and drafted agreements and estate planning documents. Failure to address these special issues is a recipe for family dissension and costly litigation and, more importantly, the possibility that your wishes will not be achieved.

Based in Abington, Berlinger & Small assists individuals and families plan their estates so they know their affairs are in order. Wills (or other appropriate documents), Powers of Attorney, Advance Healthcare Directives, and, where appropriate, Cohabitation agreements:

Spare your family and loved ones the confusion of asset division
during a painful time.
Keep your survivors out of costly litigation.
Reduce or eliminate probate and other taxes to which estates are
particularly vulnerable.
Determine who and where the assets of your estate go.
Allow you to decide who will be raise your minor children.
Assure your healthcare wishes are carried out.

Berlinger & Small provides comprehensive estate plans for their Pennsylvania clients including:

Wills
Trusts for famliy members and friends, including special needs trusts and insurance trusts
Business Succession plans
Advanced Healthcare Directives (Living Wills)
Power of Attorneys
Elder Law Planning
Charitable Gifts

Your estate is too important to trust to anyone other than an experienced estates lawyer. If you have not planned for your estate, you risk harming those you love. Contact an estate lawyer whose advice you can trust – one that will make certain that your final wishes are respected. The attorneys at Berlinger & Small are here to provide for your estate planning and probate law needs.

If you need legal advice call Berlinger & Small at (215) 366-2405.

admin — Wed, 12 Oct 2011 15:33:57 +0000

Family Law

admin — Fri, 07 Oct 2011 14:26:47 +0000

Berlinger & Small provides a range of family law legal services — including divorce, child custody, support, property distribution,cohabitation and pre-nuptual agreements. We seek reasonable solutions to family conflicts and our lawyers take special care with our family law cases to avoid increasing the level of conflict unnecessarily.