Frank A. Chernak
Philadelphia Office

1735 Market Street
21st Floor
Philadelphia, PA 19103-7505

P: 215-772-7363
F: 215-731-3688


Frank A. Chernak is chair of Montgomery McCracken’s Labor and Employment practice and a member of the firm’s management committee. He has tried several employment and civil rights cases to defense verdicts. In 2019 alone, he has tried cases to verdict in federal courts in Baltimore, Md., Philadelphia, PA, and Chicago, Ill. Frank’s practice focuses on defending employers and municipalities in constitutional, Title VII, race discrimination, sexual harassment and retaliation, reverse-gender and retaliation, age discrimination, national origin hostile work environment, FMLA, and ADA cases. He also counsels clients on all employment and civil rights matters, including compliance with ADA, FMLA, FLSA, WARN Act, and EEO laws; hiring and firing practices; harassment investigations; and noncompete litigation and counseling.

Selected Representations

  • Successfully argued a Fair Labor Standards Act case at the U.S. Court of Appeals for the Third Circuit involving 33 deputy sheriffs who claimed entitlement to overtime compensation for time spent waiting on call
  • Successfully argued a defamation case on behalf of a bank before the U.S. Court of Appeals for the Third Circuit
  • Successfully argued the granting of judgment as a matter of law for a hospital before the U.S. Court of Appeals for the Third Circuit
  • Successfully argued the denial of an injunction in a First Amendment case before the U.S. Court of Appeals for the Third Circuit
  • Successfully tried a Fair Labor Standards Act case for a leading document management products company before U.S. District Judge Berle M. Schiller
  • Successfully defended employers in federal and state PA and NJ court jury trials in sex harassment, race discrimination, age discrimination, reverse-gender discrimination, national origin, harassment, Americans with Disabilities Act discrimination, whistleblower, and retaliation cases
  • Successfully defended municipalities and private companies in employment or constitutional deprivation cases through discovery and the granting of summary judgment

Pro Bono Experience

  • Frank worked on a nationwide Clemency 2014 program and successfully reduced criminal sentences for two federal inmates. He also provides pro bono work for various veteran organizations.

Selected Publications

Selected Speaking Engagements

  • “Sexual Harassment and Respectful Behavior Training,” presented to C-suite of a private company, May 23, 2018
  • Implications and Handling of Sexual Harassment Complaints,” presented to SEPA SHRM chapter, January 16, 2018
  • “Conducting Investigations and Documenting Workplace Issues, and Litigation,” Montgomery McCracken’s 2017 Fall Forum for Colleges and Universities, Philadelphia, Pa., October 27, 2017
  • “HR Lessons Learned from Litigation” presented to a private corporation, March 30, 2017
  • “Managing Attendance: How HR’s Action and Inaction can Impact Employment Litigation” presented to a local SHRM chapter, January 17, 2017
  • “Management Training Program: Hiring, Firing, and Everything In Between, presented to a local government workforce, May 11, 2016
  • “Equal Employment Opportunity Management Training Program” presented to private management individual from a private corporation, April 28, 2016
  • “HR Lessons Learned from Litigation” presented to a group of 300 managers and HR professionals, March 17, 2016

Community Involvement

  • Springside School, parent volunteer, New Parents’ dinner
  • Sunnybrook Golf Club
    • Board Member, Vice President

Honors & Awards

Frank was a lieutenant colonel in the U.S. Air Force Reserve, where he flew more than 10,000 hours in a C-130 as a navigator for the units in Arkansas and Pennsylvania. He served on active duty on the Arabian Peninsula during Desert Storm, flying 47 combat support missions. He is a recipient of the U.S. Air Force Air Medal, Air Force Meritorious Service Medal, Air Force Commendation Medal, Combat Readiness Medal, and the Small Arms Expert Marksmanship Ribbon.

AV Peer Review Rating, Martindale-Hubbell

Frank has been selected as a Super Lawyer in Pennsylvania for defense of employment litigation for the years 2009, 2011-2019.

Professional Activities & Achievements

  • Philadelphia Bar Association, Federal Courts Committee
  • University of Pennsylvania Inn of Court, Master

Academic Achievements

Frank received his J.D., cum laude, from Temple University James E. Beasley School of Law, his M.S. from the University of Arkansas, and his B.S. from the State University of New York at Cortland.