Doris Dabrowski
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Answers Posted By Doris Dabrowski
Answer to The bookkeeper that did our weekly books was fired by thier firm, I would like to retainher services
The fact that the former employer fired the bookkeeper is one important factor considered by courts to determine the enforceability of the non-compete agreement. The Pa. Superior Court concluded that it is unreasonable for an employer to remain unfettered control over an employee terminated as worthless to the former employer's legitimate interests. You should contact an attorney to review the entire agreement and help you respond to the letter from the former employer. Doris Dabrowski1525 Locust St., Philadelphia Pa. 19102 215-790-1115.
posted May 28, 2010 07:16 AM [EST]
Answer to Position elimination vs Quitting
The Unemployment Compensation Bureau, not your former employer, determines eligibility for unemployment compensation benefits. Your former employer may provide documents or statements to the Unemployment Compensation Bureau regarding the reasons for the loss of your prior job. If the Unemployment Compensation Bureau issues a decision denying you benefits, you must file a timely appeal.posted May 26, 2010 08:38 AM [EST]
Answer to does my employer have to hold my job, can i be fired?
Although the FMLA does not require an employer to hold a job open for more than 12 weeks, an additional definite period of extended leave may be a reasonable accommodation of your disability. You should consult with your treating mental health professionals about your ability to perform your essential job duties and the time when you can resume job duties. An attorney may help you formulate a request for a reasonable accommodation if it is appropriate in your situation.posted May 26, 2010 08:28 AM [EST]
Answer to clocking in and out
withheld wagesThe employer must pay wages at the agreed rate for work that you do. In a wage payment action, you must prove that you that you actually worked the hours for which you claim payment. If you wish a consultation about the facts of your case, you may contact me.Doris Dabrowski, 1525 Locust St., Philadelphia, Pa. 19102, 215-790-1115.
posted Mar 4, 2009 09:20 AM [EST]
Answer to Full time plus additional work?
full time +If you mean an overtime premium, rather than the regular hourly rate, it depends on whether the employee is an exempt employee for purposes of the Fair Labor Standards Act.
The obligation to contribute to the pension plan depends on the plan documents and contract with the employee. I need to review the plan documents and details to determine whether the employee may be an exempt professional. Please call me for an appointment. I do charge a consultation fee. Doris Dabrowski, 1525 Locust St. Philadelphia, Pa. 19102, 215-790-1115, dabrowskid@verizon.net.
posted Feb 28, 2009 1:30 PM [EST]
Answer to Can a non compete apply to select employees even if they hold the same position as others not asked
non-competeI concur with Mr. Ezold. You should not sign any proposed agreement without scrutinizing its validity and negotiating the terms that are acceptable to you. Doris Dabrowski, 1525 Locust St., Philadelphia, Pa. 19102, 215-790-1115
posted Dec 8, 2008 10:15 AM [EST]
Answer to Wrongfull Termination
unemployment benefitsYou can appeal the denial of unemployment benefits.
posted Dec 5, 2008 4:01 PM [EST]
Answer to Non-compete issue
non-competeIn Pa., the termination of the employee is a significant factor which a court considers in an action to enforce the non-compete agreement. The termination of the employee arguably makes it unreasonable to enforce the agreement where the former employer no longer needs the employee's services. Confidentiality of trade secrets is an issue distinct from restrictions on competition. Doris Dabrowski
posted Dec 4, 2008 5:03 PM [EST]
Answer to does non-compete apply if I end contract before 1st day of work?
non-compete agreementThe complete answer depends upon the terms of the contract itself. Aside from the non-compete clause, you must consider the contract in its entirety. An employer (or prospective employer) may attempt to enforce any contract provision which you breach. I am concerned about your possible breach of an agreement to accept employment. Again, a lawyer must review the complete contract and factual circumstances to properly advise you of your rights and obligations. Doris Dabrowski, 1525 Locust St., 14th floor, Philadelphia, Pa. 19102, dabrowskid@verizon.net, 215-790-1115.
posted Aug 13, 2008 2:52 PM [EST]
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