Answers Posted By Doris Dabrowski

Answer to I recently applied for FMLA after a sudden event. The FMLA was needed to care for my aging mother after the death of my brother. I requested that the FMLA run from 12/11/17 to 1/8/18. A medical certification needed to be completed and returned by 12/15. M

If FMLA time was approved for the period in question, the employer cannot interfere with FMLA rights. An employee must demonstrate a denial of benefits to which the employee is entitled.

posted Mar 19, 2018 11:50 AM [EST]

Answer to Does a pay cut nullify a non-compete clause?

You should try to negotiate a new contract without a non-compete clause. If there is any question about the applicability of the non-compete agreement in the original contract, the new contract should clarify that the non-compete clause is extinguished.

As a general rule, a party's material breach of a contract may excuse the non-breaching party from the obligations imposed by the contract.

posted Mar 19, 2018 11:04 AM [EST]

Answer to My employer is withholding my 2017 bonus because I will not be employed on the date bonuses are given. What recourse do I have?

The answer depends upon the terms of your contract and policies that may be incorporated into your employment contract. I urge you to arrange a consultation with a lawyer to review the terms of your contract and bonus plan descriptions.

posted Mar 2, 2018 1:29 PM [EST]

Answer to In PA., as an exempt employee, can my employer use my PTO if I leave early 2 hours one day, even though I've already worked 45 hours in the week?

Department of Labor regulations allow deductions against a predetermined salary for an absence of one or more full days for personal reasons or for sickness or disability in accordance with a bona fide plan or policy. See 29 C.F.R. sec. 541.602.

posted Feb 21, 2018 09:23 AM [EST]

Answer to claiming above the line deductions for legal expenses for disability

I suggest that you consult a tax attorney or accountant.

posted Jan 31, 2018 12:27 PM [EST]

Answer to Is my non-compete to broad?

Ask a lawyer to review the terms of the contract containing the non-compete agreement to assess the effect of the business sale and the reasonableness of the scope of the agreement.
The reasonableness of the geographical radius and duration of the agreement depends on the legitimate interests to be protected and the geographical scope of the employer's business. Consider the possibility of negotiating an agreement to limit or eliminate the non-compete provision.

posted Jan 18, 2018 2:04 PM [EST]

Answer to I have fmla for a disabled child. It states i cannot work weekends. My shift was 7_3 mon. Thru fri. They changed it to eow. They still schedule me on weekends and give me days ods during the week. I am forced to use what little pto i have or gor without p

FMLA leave may be paid if pay is available as sick time or a benefit . I don't understand what "Eow" means. Be sure that you requested leave for the schedule required to care for your child.
If you cannot resolve the problem yourself, consult with a lawyer about the particular facts of your situation.

posted Nov 27, 2017 4:37 PM [EST]

Answer to I am on intermittent FMLA, my employer wants to move me into a position that will cause me stress and aggravation to my health conditions. What are my options? I think it is a punishment for calling off because of my health issues. I think they want me to

The FMLA prohibits retaliation and interference with FMLA rights. The Pennsylvania Human Relations Act and the Americans with Disabilities Act require employers and employees to engage in an interactive process to ascertain a reasonable accommodation of a disability.

I can only provide educational information about the law; you should consult an attorney about the application of the law to the specific facts of your employment situation.

posted Oct 9, 2017 08:32 AM [EST]

Answer to i was working as an independent contractor for a cleaning company based our of maryland, however i live in pa. my checks were missing mkney for several months so i finally threatened to quit, my boss and i had many arguements where he stated he was not go

You should immediately seek a criminal defense attorney.

posted Sep 5, 2017 1:15 PM [EST]

Answer to Can my employer force me to leave early to get rid of overtime hours?

Non-exempt employees are entitled to an overtime premium for hours worked in excess of 40/week. Employees must be paid for all time worked.

The curtailment of excessive work hours is a purpose of the Fair Labor Standards Act.

posted May 15, 2017 07:05 AM [EST]
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