Doris Dabrowski
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Answers Posted By Doris Dabrowski
Answer to My employer has withheld payment and bounced paychecks. Can I resign immediately?
I agree with Mr. Leah's legal analysis. On a practical level, I suggest joining with co-workers to ask the company about its financial resources and ability to make payroll.Is the company late in paying other employees?
Consult a lawyer for advice about your particular contract obligations.
posted Jan 15, 2019 12:10 PM [EST]
Answer to Is starting a new job just cause for a notice of hearing be rescheduled as it a critical to be good.
You should explain the situation in your request for a continuance to the Referee. Your request seems reasonable.posted Dec 10, 2018 08:11 AM [EST]
Answer to Is my non compete agreement enforcable?
I urge employees to attempt to negotiate the scope of a non-compete agreement before signing. Unless there is no quid pro quo or some other unusual basis to invalidate the agreement, non-compete agreements are enforceable in Pa. A court could "blue-pencil" an agreement that is too broad for the reasonable protection of the employer's interest in light of the harm to the employee.You should consult an attorney about the specifics of your situation.
posted Oct 22, 2018 11:55 AM [EST]
Answer to Should I pursue a denied PAUC claim for not notifying the company of harassment?
Do you have a hearing before a referee?You may be eligible for unemployment compensation if you quit because of "compelling and necessitous" reasons. I suggest that you consult a lawyer about the details of your situation. Pervasive incidents motivated by discrimination because you did not conform to a gender stereotype suggests a possible sexual harassment claim.
posted Oct 16, 2018 1:41 PM [EST]
I agree with Mr. Leah's response. There is no legal requirement for pay to be proportionate to years of service. However, the Equal Pay Act requires equal pay for men and women performing jobs requiring the same skills, effort and responsibility performed in the same working conditions.
posted Aug 27, 2018 11:34 AM [EST]
posted Aug 27, 2018 11:34 AM [EST]
Answer to Do I qualify for overtime pay as a subcontractor?
Unless exempt from the overtime provisions of the Fair Labor Standards Act, the employer must pay employees an overtime premium for all hours worked in excess of 40 per week. Executives, professionals and administrators may be subject to the exemptions. You should consult an attorney if you have questions about the application of the exemptions.posted Jul 16, 2018 2:08 PM [EST]
Entitlement to pay in lieu of taking time off from work depends on the compensation agreement between the employer and employee. An employee handbook or policy may provide the terms of benefit components of the compensation agreement. There is no Pennsylvania or federal law that mandates payment in lieu of vacation time. If the handbook is ambiguous, you should ask a lawyer to review the documents. Or you may file a wage complaint form with the Pa. Department of Labor, www.dli.pa.gov.
posted Jul 11, 2018 08:14 AM [EST]
posted Jul 11, 2018 08:14 AM [EST]
An overtime premium is due for all work hours in excess of 40 per week. Employers may have a policy requiring prior approval of overtime work hours.
posted Jul 10, 2018 12:06 PM [EST]
posted Jul 10, 2018 12:06 PM [EST]
Answer to Can my employer demote me after being wrongfully incarcerated?
Pennsylvania law prohibits the use of criminal records as a basis for refusal to hire, unless the criminal activity is related to suitability for the job. The state law does not address post-hire demotions. If the employer learned of your incarceration through the use of a third party reporting agency, you should consult a lawyer to ascertain whether the employer complied with all the requirements of the Fair Credit Reporting Act.posted May 31, 2018 08:20 AM [EST]
The long term disability policy or plan governs offsets or reductions to benefits due to the receipt of other income or benefits. If the LTD plan is sponsored by your employer or former employer, send a letter to the benefit Plan Administrator by certified mail, return receipt requested, to ask for a copy of the complete LTD plan and summary plan descriptions. If the demand for repayment is wrong, be sure to timely file a plan appeal of the decision.
posted May 18, 2018 11:47 AM [EST]
posted May 18, 2018 11:47 AM [EST]