Answers Posted By Doris Dabrowski

Answer to Is this 21 business days till I have to sign the severance agreement.

Yes. If you need more time to consult an attorney, you should request an extension and confirm the extension in writing.

posted Nov 29, 2011 08:51 AM [EST]

Answer to IS THERE AN APPEALS PROCESS IF MY EMPLOYER DENIES MY APPLICATION FOR FMLA?

If your employer wrongfully denied your FMLA request, you could ultimately file a lawsuit for interference with FMLA rights or refusal to reinstate you upon recovery. However, I recommend negotiations prior to filing suit. Did your employer give you a reason for denying the application?

Doris Dabrowski
1525 Locust St., Philadelphia, Pa. 19102
215-790-1115
http:\www.dabrowski-law.com

posted Oct 19, 2011 1:06 PM [EST]

Answer to How your severence pay is paid to you.

A severance plan may be an ERISA plan governed by federal benefits law if the employer has an established plan enabling an administrator to match eligible beneficiaries with a benefit prescribed by the plan. A severance plan participant or beneficiary can file suit to enforce the benefit plan. As a general rule, you must file an appeal withint the plan itself before filing a lawsuit.

For individually negotiated severance agreements, I agree with Mr. Ezold's analysis.

It is important to negotiate the terms of the severance agreement before signing it. If you still have time to negotiate terms, you may ask for a lump sum in the course of the negotiation proceedings.

This answer is provided for purposes of general information. For a detailed analyis of the law applicable to the facts in your particular situation, you should consult an attorney.

Doris Dabrowski, 1525 Locust St. Philadelphia, Pa. 19102, 215-790-1115, http://www.dabrowski-law.com.

posted Sep 22, 2011 11:01 AM [EST]

Answer to Is getting paid under the table illegal and can taxes be taken out?

Employers are required to withhold taxes from gross pay and to contribute to social security. The form of payment, e.g., check, cash, direct deposit, does not affect the requirement to withhold taxes.

posted Jul 29, 2011 07:24 AM [EST]

Answer to Not getting paid and not receiving the copy of the contract is a branch of contract?

At the beginning of employment, the employer must designate a payday. The Wage Payment and Collection Law provides for liquidated damages if pay is overdue by 30 days.

Posted answers provide a general statement of the law for educational purposes. In this forum, I cannot provide a detailed opinion about your particular contract. You should consult a lawyer about claims arising under the contract.

Doris Dabrowski, 1525 Locust St., 14th floor, Philadelphia, Pa. 19102, 215-790-1115.

posted Jul 29, 2011 07:20 AM [EST]

Answer to Can I sue for being falsely represented/quoted on Board Meeting Records?

In Pennsylvania, publication of derogatory statements to a third party is essential to a claim for defamation. Information disseminated within an organization may not fulfill the publication requirement.

You raise possible issues besides defamation. The board members and officers have a fiduciary duty to the organization. What is the nature of the investigation? Will you be a likely witness in the course of an investigation?
How are you currently harmed? What is the potential for harm to you?

I urge you to seek counsel to discuss the factual details to try to avert harm to you.

Doris Dabrowski
1525 Locust St., Philadelphia, Pa. 19102
215-790-1115

posted Jul 18, 2011 1:29 PM [EST]

Answer to Can a EEO complaint supplement a case file after AJ decision by before Appeal?

Employees of the federal government may request a hearing
before an administrative judge. Are you a federal employee?

Both federal government and private sector employees have a right to a file a lawsuit in federal district court after the end of administrative remedies.

You should arrange a consultation with a lawyer to review the
documents in your case. Doris Dabrowski, 215-790-1115

posted Jul 15, 2011 08:14 AM [EST]

Answer to Is my employer allowed to control all 7 days of the week?

Are you on-call? If so, I suggest that you consult a lawyer to explore possible entitlement to compensation for on-call time when you are not free to pursue your own activities.

posted Jun 6, 2011 07:52 AM [EST]

Answer to If an employer misrepresented job, do I have to pay back moving costs?

I agree that a potential claim for reimbursement of moving expenses depends upon the terms of your particular contract. This does not prevent you from attempting to negotiate a modification of the contract. If negotiations are unsuccessful, you must be prepared to face a claim for reimbursement. You should consult an attorney to discuss possible defenses and negotiation strategy. Doris Dabrowski
1525 Locust St., Philadelphia, Pa. 19102, 215-790-1115.

posted May 31, 2011 08:13 AM [EST]

Answer to Signing Under Duress

Employees represented by a union should grieve suspensions or terminations from employment. Concerns about working conditions should be discussed with the union.

posted May 6, 2011 07:29 AM [EST]