Answers Posted By Doris Dabrowski

Answer to Can my Boss keep me from participating in the Company 401K program?

Your employer must comply with the provisions of the plan. The Internal Revenue Code and the Employee Retirement Income Security Act (ERISA) prohibit plans from requiring more than 1 year of service as a condition of participation, unless the employee is under 21 years of age.

For a detailed analysis of the facts and an explanation of remedies you should consult an attorney privately.

Doris Dabrowski
dabrowskid@verizon.net
215-790-1115

posted Apr 29, 2011 07:08 AM [EST]

Answer to How long after termination do I have to be offered Cobra options?

The employer must notify the administrator of the health plan within 30 days of termination. The administrator must notify the employee of COBRA options within 14 days of the date of notice of termination from the employer. Multiemployer plans may provide for another timeframe for notice. For more details about the notice requirements, see the Internal Revenue Code, 26 U.S.C. sec. 4980B.

posted Apr 7, 2011 08:03 AM [EST]

Answer to How do I protect my professional reputation before I am "set up" to be fired??

If you and the board cannot rectify the problems, you should try to negotiate an exit package including letters of reference and a non-disparagement clause. An attorney can draft a proposed agreement. The board members should be mindful of their fiduciary duties, including a duty of confidentiality. Disparaging you outside of the organization may support a defamation claim. I urge you to consult an attorney to discuss the factual details and possible
remedies.

Doris Dabrowski, 215-790-1115.

posted Mar 22, 2011 08:39 AM [EST]

Answer to Is an employment contract valid that offers the independent contractor no consideration?

There must be consideration for a valid contract. It could be an agreement to pay for services to be provided by the other party to the contract. The scope of the restriction on competition must be reasonable in light of the interests to be protected.
Your friend should seek legal advice about the particulars of the contract.

In this Q&A format, I can only provide general statements of legal principles.

posted Mar 20, 2011 07:53 AM [EST]

Answer to What remedies should I consider re my former employer not paying contracted severance pay?

As a general rule, a court may enforce a contract by placing the parties in a position they would enjoy in the absence of a breach of contract. In some cases, a court may order the breaching party to perform; damages may be appropriate to compensate for losses due to the breach. If the employer maintained a severance plan that is an ERISA plan governed by federal benefits law, equitable relief designed to make the parties whole is available. Damages are not available for violations of ERISA plans. A complete answer and advice requires review of the severance agreement, the severance policy or plan, and the detailed facts about the breach.

posted Mar 10, 2011 1:31 PM [EST]

Answer to If employer promises increase in wage

An employer may decline to increase wages prospectively, in the absence of a contract requiring the payment of the increase. If employees reasonably relied to their detriment on a misrepresentation, there may be a remedy. A complete answer to your question requires a detailed legal analysis of the facts.

posted Mar 9, 2011 2:20 PM [EST]

Answer to Is this just?

You may have some remedy for retaliation for filing a workers' compensation claim or for taking time off due to a serious medical condition. Possible claims depend on the applicability of the Family & Medical Leave Act to your employment situation. I agree with Mr. Ezold's comments about possible disability discrimination.

In this posting, I can only comment about general principles which may be applicable. For a thorough analysis of the law applicable to your particular situation, please contact me or another lawyer of your choice. Doris Dabrowski, 215-790-1115.

posted Mar 9, 2011 2:14 PM [EST]

Answer to Can an employer require an hourly associate to be 'on call'?

As a general rule, you are entitled to pay for all time expended primarily for the benefit of the employer. On the other hand, you may not necessarily be entitled to pay for "on call" time during which you are free to engage in personal activities. Courts consider the totality of the circumstances to determine the degree to which the employee is free to engage in personal activity. You may contact me or other counsel to review the factual details.

Doris Dabrowski, 215-790-1115.

posted Mar 8, 2011 1:43 PM [EST]

Answer to Severance Agreement all screwed up

Your posting suggests that the former employer breached the severance agreement. You should consult an attorney about possible legal action to enforce the agreement. Doris Dabrowski, 1525 Locust St., Philadelphia, Pa. 19102.
215-790-1115

posted Mar 3, 2011 08:43 AM [EST]

Answer to Can I collect unemployment if my employer repeatedly did not pay me in full on the regular payday?

An employee who quits for compelling and necessitous reasons may qualify for unemployment compensation. You should present all time records and paystubs that show an underpayment. If your claim for benefits is denied, you must timely file an appeal. At a hearing before a referee, you have an opportunity to present evidence to prove that you quit for compelling and necessitous reasons.

If your employer still owes you compensation for work, you may have a claim for underpaid wages under the Pa. Wage Payment Collection Law.

In this Q&A format, I can only provide general information, rather than a legal opinion about your particular situation. No attorney-client relationship exists between us at this time. If you wish advice about your particular issue, you should arrange a consultation with me or another lawyer of your choice.

posted Feb 16, 2011 1:01 PM [EST]