Answers Posted By Doris Dabrowski

Answer to When does short term disability start?

The written short term disability plan should establish the criteria for eligibility for the short term benefits.

posted Jun 12, 2023 05:28 AM [EST]

Answer to Is it illegal for an employer to only give some employees the opportunity to join a union when we have different job titles but do the same work? We are all clerical and none of us are management.

I suggest that you ask a union representative about the scope of the bargaining unit. The collective bargaining agreement between the employer and union should describe the bargaining unit.

posted Oct 21, 2022 2:38 PM [EST]

Answer to Can I sue my employer? For saying my position was being eliminated when it was in fact not

Lying in itself does not give rise to a cause of action for a civil lawsuit. However, you should consult a lawyer if the lie may be a pretext to cover up discrimination or retaliation.

posted Mar 29, 2021 08:47 AM [EST]

Answer to Leaving Employer with Tuition Reimbursement Agreement after a Pay Cut

One issue is whether the agreement may be rescinded due to a material breach (if any) by the employer.

You should discuss the complete factual situation and review the employment contract with a lawyer.

posted Aug 21, 2020 08:59 AM [EST]

Answer to Can an employer reduce salary a contracted salary 20% if so can they enforce a non compete clause?

Generally, an employer may reduce compensation prospectively, but not for work that has already been performed. You should review your contract to determine whether there are any contractual limitations on a party's change of compensation. Consult an attorney about your particular contract to determine any possible contractual consequences of a decrease in compensation.

posted May 9, 2020 07:14 AM [EST]

Answer to Can you get laid off on your last day on short term disability? With no notice until you go back to work on a new schedule week?

Short term disability generally refers to a benefit, which may be continued salary, a portion of continued salary or an insurance benefit.

The Family & Medical Leave Act has reemployment rights for workers covered by the law. The maximum FMLA period is generally 12 weeks (or an equivalent if leave is intermittent).

You should consult a lawyer to review your entire employment and benefit agreement.

posted May 4, 2020 2:34 PM [EST]

Answer to Would I be eligable under both situations employer is making me choose?

To be eligible for regular unemployment benefits or Pandemic Unemployment Assistance, you must be unable to work because of COVID-19. You may be eligible for partial benefits if your pay is reduced. Be careful about a rejection of an option to work part time.

posted Apr 8, 2020 11:33 AM [EST]

Answer to Is it legal for employer to pay the raise for all working hours after every 6 months?

Section 3 of the Pa. Wage Payment and Collection Law requires employers to pay all wages other than fringe benefits and wage supplements on regular paydays designated in advance.

posted Mar 30, 2020 08:21 AM [EST]

Answer to Due to Covid-19, my employment in PA stopped. UC application was denied.

The Pandemic Unemployment Assistance provision of the CARES Act provides benefits for workers who are otherwise ineligible for unemployment benefits. As of this writing, online and phone applications for this benefit are not accepted in Pa. Check the website, www.uc.pa.gov for updates.

posted Mar 30, 2020 06:45 AM [EST]

Answer to If an associate is simply uncomfortable with another associate without any harassing doings is this?

To be a violation of law, harassment must have a discriminatory or retaliatory motive, the incidents must be severe or pervasive, and the actions must be offensive not only to you but to a reasonable person of the same category as you (e.g., women, minorities). If the alleged perpetrator is a co-worker, the employer is responsible to take measures reasonably calculated to end harassing behavior.

posted Feb 7, 2020 09:18 AM [EST]