Answers Posted By Doris Dabrowski

Answer to Are the following statements enforceable in my case?

Non-compete agreements are narrowly interpreted. Does your new or prospective employer fit the definition of "competitor"? Did you try to negotiate the terms of the non-compete agreement before you signed it? What was the response? If your employer refused to negotiate terms, you may have an argument about an adhesion contract. To offer advice about strategy, I need to see the complete agreement and details about the operations of the new job.

posted Feb 9, 2011 09:17 AM [EST]

Answer to Does my employer have to hold my job when out on Maternity Leave?

The Pregnancy Discrimination Act requires employers to treat disabilities due to pregnancy, childbirth or related conditions at least as beneficially as disabilities due to other medical conditions. If you are treated worse than employees with other medical conditions, you should consult an attorney about possible employment discrimination as well as your FMLA concerns.

posted Feb 3, 2011 09:27 AM [EST]

Answer to Am I entitled to vacation pay?

You may contact the N.J. Dept. of Labor & Workforce Development to submit a complaint. Online filing is available via the Department's website.

posted Feb 3, 2011 09:13 AM [EST]

Answer to Severance Pay and Disability

The particular facts in your situation require a review of the plan and policy documents. Without reviewing the governing documents and other pertinent facts, I can only state general legal principles. Retirement plan fiduciaries, e.g., trustees and administrators, must comply with the governing plan document. If the governing plan document specifies a deadline for application for disability retirement, the Plan may deny an untimely claim for benefits. A denial of disability benefit based on an untimely application does not preclude you from obtaining retirement benefits at normal retirement age, provided that you fulfill the eligibility requirements in the plan for retirement. Your rights to severance benefits depends on whether this benefit is provided under a plan as defined by federal benefits law. Your union membership suggests that the severance benefit may be a provision of a collective bargaining agreement. If so, you should follow the union grievance procedure to challenge a violation of the collective bargaining agreement. If you wish a consultation, please contact me or another lawyer familiar with employee benefits law. Doris Dabrowski, 1525 Locust St., Philadelphia, Pa. 19102
215-790-1115, licensed in Pa. and N.J.

posted Jan 20, 2011 08:53 AM [EST]

Answer to Is it legal to be required to take conference calls for work at home on your phone and not be paid?

If the employer is required to pay an hourly wage for all time worked, the bank teller may have a claim for underpaid wages and expenses, if the employment agreement requires reimbursement of expenses. Employment agreements may be oral or written. She should maintain detailed records of the date, time and duration of the calls. Under the Pa. Wage Payment and Collection Law, she may obtain damages, court costs and attorney's fees if she files suit to recover underpaid wages. I agree with Mr. Ezold's comment about overtime premiums if she works more than 40 hours/week. If she wishes a consultation about the particular facts in her situation, she may contact me. Doris Dabrowski, 1525 Locust St., Philadelphia, Pa. 19102, 215-790-1115.

posted Jan 18, 2011 12:14 PM [EST]

Answer to Can I be "laid off" when returning from medical leave at the same time 4 new nurses being hired?

To be eligible for job protection under the Family & Medical Leave act, you must have at least 1,250 hours of service during a 12 month period before the beginning of the period of leave. Your 6 months of employment poses an eligibility problem. Is the employer possibly refusing to rehire you because of a perception of a disability? Are you receiving unemployment benefits for the time in which you are able and available to work? You should consult with an attorney in your area about the details of your case. This answer identifies possible legal issues to explore, without an opinion about applicability to the particular facts in your situation.

posted Dec 8, 2010 09:38 AM [EST]

Answer to can you legally be terminated for refusing to sign an "exclusive right to represent" document?

Based on the information provided, you seem to be a subcontractor rather than an employee. You should consult an attorney to review the existing contract and the proposed contract upon rebidding. Issues include: Does the proposed subcontract violate any requirements imposed by the Commonwealth for state contracts? Did the prime contractor breach your existing contract?

posted Aug 25, 2010 07:17 AM [EST]

Answer to I was recently terminated from my job due to a sexual harrassment claim.

If the accusation is false, you may have a claim for defamation against the person making derogatory statements against you.

If you have an employment contract that provides for some protections for the accused, you may have a claim against the employer for breach of contract.

I agree with George Barron's response. My comments suggest some additional issues to consider.

You should consult an attorney for a detailed assessment of the facts of your situation.

posted Jul 26, 2010 07:18 AM [EST]

Answer to If you resign with 2 weeks notice and the company terminates you before your last day?

Entitlement to vacation pay and unused sick time depends upon the terms of your agreement with your employer. Some employers require the employee to actually take vacation time off within a particular time period. Other compensation agreements provide for a monetary payment for unused accrued vacation and sick time. Check your written agreement (if any) or company handbook or policy.

You may be entitled to unemployment benefits between the date your employer forced you to leave and the effective date of your voluntary resignation.

posted Jul 19, 2010 08:11 AM [EST]

Answer to Is it legal for a county government to pay a worker less after a promotion ?

In counties of the second class, a salary board has authority under state law to determine the compensation of employees paid from the county treasury. Other sections of state law apply to counties of other classes. If employees' compensation is funded from a source other than the county treasury, other laws may control. The collective bargaining agreement does not control the pay of employees who are not in the bargaining unit. You may contact me to determine whether the pay conforms to applicable policies. I need to know the identity of the agency for which you work, the source of the funding for employees' compensation, the class of the county, and the pay established by the entity having authority to establish pay in your situation.
Doris Dabrowski, 215-790-1115.

posted Jul 8, 2010 10:54 AM [EST]