- Criminal DefenseMegan grew up in Friedens and attended Somerset Area High School and then Susquehanna University, majoring in Political Science and Spanish. While at Susquehanna, Megan studied abroad in Heredia, Costa Rica and was a Big Sister through the Big Brothers/Big Sisters program of Central Susquehanna Valley. Megan graduated from Susquehanna University with honors and was awarded Volunteer of the Year for Big Brothers/Big Sisters of Susquehanna University. Megan then attended Duquesne University School of Law in Pittsburgh, Pennsylvania. While at Duquesne, she worked for renowned criminal defense attorney and law professor Bruce Antkowiak and won the Pro Bono Award for public service and the Distinction in Clinical Work for the Criminal Advocacy Clinic. Megan is the first female solicitor for the Somerset County Sheriff’s Office. She remains actively involved in her local community, especially working with children (which explains why she has previously gone to Guatemala on mission trips for orphaned children). Megan serves on several Boards of Directors and is fluent in Spanish and English (with American Sign Language available). Megan assists Sara in the firm’s homeowner and condominium association practice
- Corporate LawSara A. Austin is a graduate of the Marshall-Wythe School of Law, College of William & Mary. She is a former partner at Blakey, Yost, Bupp & Rausch, LLP, and Countess Gilbert Andrews. Austin served as Law Clerk for the Honorable Ross W. Krumm, U.S. Bankruptcy Judge, W.D.Va. In these positions, she has handled cases in Employment and Labor, Bankruptcy and Corporate Law and General Civil Litigation. Among various other activities, Austin was the 2016-17 President of the Pennsylvania Bar Association, serves on the Board of Directors of York Day Nursery, and is a Past-President of the York County (PA) Bar Association, Leadership York, and the Pennsylvania Bar Institute and a past board member of Community First Fund. Sara is frequently recognized by her peers through Super Lawyers. Sara was first recognized as a Rising Star in 2005. She was also recognized in 2009 and then every year since 2012 in the employment law area. Sara has also been recognized numerous times by Best Lawyers® in Harrisburg for employment law.
- Business DisputesCommercial Real Estate is very different from personal real estate. Whether you are the landlord or the tenant, it is critical to make certain that your lawyer understands the difference in the law and is available to provide you with the proper information. Sara can write new leases, review existing leases, help with the purchase or sale of real estate, and make recommendations for any potential problems she sees in your documents. She can also assist you if you find yourself in a dispute, either as a landlord or a tenant. Sara’s experience in business law allows her to appreciate your concerns both from a business perspective and a landlord/tenant perspective.
- Trade Secrets
- Unfair CompetitionWith the company’s approval, the worker used her personal Gmail account for her job. After she was terminated, she went to work for an alleged competitor, and the company and new employer filed claims against each other in state court for unfair competition and misappropriation of trade secrets. During the litigation, the company found, reviewed and allegedly printed out emails from the worker’s Gmail account which had been left open on the web browser of a company computer. What did the emails contain? See the post. The company published the emails in the state court litigation and the worker sued for violating the SCA.
- Wrongful Termination
- Employment DiscriminationTitle VII also must be kept in mind; it prohibits employment discrimination based on race, color, religion, sex, and national origin. Other federal laws that bear on wages are listed and discussed in the post, including the Lilly Ledbetter Fair Pay Act (forgot that one, didn’t you?). This was signed in 2009 and overturned a Supreme Court decision relative to the time period for filing complaints of discrimination in compensation for employment. What the Act provides is noted in the post – and employers must be aware of this.
- Employment LitigationThe post on Friday 3/31/2023 alerted us that DOL provided new FMLA resources for workers impacted by cancer. When an employee is diagnosed with cancer, employers are often concerned with how to best support the individual throughout treatment. Employees and employers need to know their rights and responsibilities when it comes to medical leave, job duties and other employment issues. So DOL’s Wage and Hour Division recently released new resources – and more as noted in the post. The purpose of the new resources is to point out how involved parties can make use of their rights under the Family and Medical Leave Act (FMLA). The resources include a fact sheet on FMLA leave and when cancer meets FMLA criteria; an overview of workplace protections for individuals living with or impacted by cancer; talking points for employees related to taking time off for cancer-related leave; and more.
- Severance AgreementNlrb says old severance agreements with non-disclosure clauses are void – and this applies to all employers (union and non-union)
- Sexual HarassmentMcLaren Macomb decision. As state and federal efforts continue to try to restrict (or prohibit) non-disclosure agreements, especially as relate to sexual harassment, we now have this to deal with. What was the background of the NLRB holding? See the post. This decision not only applies to ALL employers, but to existing agreements and more as noted in the post. That means employers absolutely need to get employ-ment lawyers involved when drafting, offering and enforcing severance agreements. And what is some advice already being offered to employers to come within the parameters of this ruling for non-disparagement and confidentiality provisions? See the post. The good news is that there are limits to the
- Real Estate Transactions
- Landlord-Tenant Disputes
- Disability DiscriminationThe post on Wednesday 3/22/2023 told us the EEOC sued United Labor Agency for disability discrimination (against female employee with breast cancer ). ULA is a non-profit that focuses on workforce development, The EEOC’s suit was filed February 15, 2023. The suit alleges that after ULA required employees to return to in-person work after a long period of COVID-related telework, the employee requested an ADA accommodation (detailed in the post). The request was denied. You’d think that was the end of the story, right? Nope. After being required to return to the office, the employee was repeatedly left off staff emails (that were pretty important to her given their content – see the post). The employee, who had been with ULA for nearly a decade, was finally forced to resign because of the risk to her health, the EEOC alleged in its suit filed after conciliation failed. The suit seeks back pay, compensatory and punitive damages (plus equitable relief).
- Estate PlanningWhether you require a new estate plan or want to make certain that the documents you already have are appropriate for you, Sara is available to assist people in central Pennsylvania with their estate planning needs. Contact her today for help.
- WillsThis includes powers of attorney (which allow someone to handle both your health and financial matters for you) and living wills (which tell treating physicians how to proceed if you are in what is determined to be a terminal medical condition). These documents can alleviate much stress and difficulty if you should become ill or seriously injured. Each document is tailored to your specific needs. In addition, Sara always checks in with her clients every few years to make certain their circumstances or the laws haven’t changed so that their needs are still being met.
- Power of AttorneyIn addition to a will, it is critical that everyone has appropriate documents to protect them should they become incapacitated, or even need to have documents completed while not being present.
- Bankruptcy
- Debt CollectionIf you are a business or individual and need help collecting a debt, Sara can work with you to ethically reach out to debtors to recover your receivables. Sara makes certain to follow all Pennsylvania debt collection laws when working with her creditor clients. This helps you to avoid liability while getting the best possible result. She also knows the steps to take when the debtor files for bankruptcy protection and your debt is included.