Answers Posted By Doris Dabrowski

Answer to Hi - can an employer offer benefits in exchange for work? For example my employer who I already work 40 hours for said they will provide medical benefits if I do several tasks each week

The Affordable Care Act requires large employers, i.e., employers with at least 50 full time year round employees, to provide affordable medical insurance to employees who work at least 30 hours/week. Small employers may offer health insurance benefits, but are not obligated to do so by law.

Employers sponsoring health plans must distribute a Summary of Benefit Coverage about available group health coverage within 7 days of a request and upon an initial application for benefits, renewal, reenrollment, or a change in benefits. ERISA requires distribution of a summary plan description of sponsored benefits.

posted Feb 5, 2020 08:30 AM [EST]

Answer to I have had an approved FMLA leave since 2013 due to a critical illness. This leave has and is currently in effect. My issue is that my FMLA paper work from my Dr. states that I am to work a 40 hr. week, M-F 8 AM-5PM EST. I have consistently worked this sc

If a disability prevents you from working on the schedule assigned by your employer, and a change of schedule would allow you to perform the essential job functions, you may request a reasonable accommodation.

posted Oct 31, 2019 06:48 AM [EST]

Answer to My employer told me that I was eligible for a bonus during my first and second interview I relocated from Maryland to Philadelphia with the understanding that I would receive this bonus because I informed them in both interviews that I could not accept th

You should arrange a consultation with a lawyer to review the terms of the writings that you have, including the complete bonus policy or plan. Eligibility for a bonus may be distinct from entitlement to receive a bonus upon the satisfaction of specified conditions.

posted Jul 30, 2019 07:47 AM [EST]

Answer to I feel as though I was wrongfully suspended, so I contacted the EEOC. My employer is now requiring me to sign a contract waiving my right to contact the EEOC to end my suspension in order to return to work.

Did you actually file a charge with the EEOC? If so, a withdrawal of the charge in exchange for restoration to a job may effectively be a settlement of your pending charge. However, you may not prospectively waive any rights to complain of any potential future incidents of discrimination. I urge you to consult with a lawyer before you sign any contracts.

posted Jun 24, 2019 06:53 AM [EST]

Answer to I am disabled now and had to leave my place if employment in Sept 2015. They terminated me March 2016. I was there for almost 19yrs. I live in PA and when I worked there in 2014 I had a boss who one day took me in his office and said very rudely.....DO YO

Discrimination complaints, including disability harassment complaints, must be filed with the Pa. Human Relations Commission within 180 days of notice of the adverse action. The time limitation for filing with the EEOC is 300 days. The long term disability plan must have a procedure to appeal the denial of the plan; the ERISA claims regulations require plans to give you at least 180 days after the denial of a claim to file a plan appeal. If you exhausted plan appeal remedies, you must file a lawsuit to recover benefits within 3 years of the denial in PA or within the time specified in the Plan, whichever is shorter.

posted May 31, 2019 08:29 AM [EST]

Answer to false statements that cause me to be fired

False statements published to third parties may support a defamation claim against the individuals who made derogatory false statements. If statements are made to persons without a need to know about a situation, there could be a possible false light invasion of privacy.

posted May 10, 2019 07:34 AM [EST]

Answer to I have 10 vacation days for this year 2019. I am giving notice I am leaving. Must I be paid for those ten days?

Entitlement to payment for accrued vacation depends upon the agreement between the employer and employee. Most employees do not have an explicit written contract. Therefore, the entitlement to pay for unused vacation typically depends upon the employer's policies.

posted Apr 12, 2019 11:14 AM [EST]

Answer to I am a marketing director and salaried employee. My employer was very flexible in the past 2 years regarding allowing me to work from home when need be and not micromanaging hours. in this new year, my employer is trying to make sure I work 40 hours every

The Fair Labor Standards Act requires the employer to pay the full salary to an exempt salaried employee who performs any work in the work week. The law does not regulate the employer's management practices.

posted Feb 28, 2019 09:52 AM [EST]

Answer to can a multi-party claim be filed in a different state from the defendants, if the plaintiffs (us) are subcontractors doing work in Philadelphia PA but the defendant (Company headquarters) is in Virginia?

The Pa. Wage Payment Collection Law applies to entities and their agents who employ any person in the Commonwealth of Pennsylvania. If the employer does any business in Pennsylvania, I expect the Pa. courts to exercise jurisdiction over the employer for unpaid wages. A potential problem arises if you have an express contract specifying that courts of another state have exclusive jurisdiction or an arbitration agreement requiring an out-of-state location for a hearing. Doris Dabrowski, 215-790-1115

posted Feb 25, 2019 2:04 PM [EST]

Answer to Can an agency dock my pay for any reason as an independent contractor in the state of PA?

The fundamental legal issue is whether you are misclassified as an independent contractor rather than an employee. Under Pennsylvania law, an employer controls the method and manner of performing work. You should consult a lawyer about the details of the tests applied by Pa. and the IRS. If you are a bona fide independent contractor, the contract between you and the entity for which you provide services controls the compensation due to you.

posted Feb 21, 2019 2:21 PM [EST]
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