Answers Posted By Doris Dabrowski

Answer to I was an assistant manager at my job and another company bought it. They demoted me because I didn't have my drivers license. Is that legal?

Unless you have a contractual right to a particular position, an employer may change your position or assignments. Possession of a driver's license in itself is not a prohibited basis of discrimination. Answers do not consider specific facts in your situation; answers merely provide general information about the law. You should consult a lawyer if you have evidence that the absence of a driver's license is a pretext for prohibited discrimination or retaliation.

posted Jan 23, 2016 1:47 PM [EST]

Answer to Unsigned contract enforceable because of conduct?

Unsigned or oral contracts can be enforced; the party seeking to enforce the contract must establish the terms to which the parties agreed. You should consult an attorney to review all the evidence you have to show the terms and conditions of your agreement, including the unsigned "agreement", the bills you submitted, and documentation of the principal and interest paid on each bill previously paid.

Doris Dabrowski, 1525 Locust St., Philadelphia, PA 19102
215-790-1115

posted Dec 22, 2015 1:27 PM [EST]

Answer to I work in the state of Pennsylvania. I am getting documented and having two days of suspension without pay, three months of probation, and my bonus is being taken away. This is all because of a situation which is not even a policy. My boss has agreed with

You must consult a lawyer to determine whether the employer has violated terms of conditions of your employment contract. Standing alone, employer policies do not constitute enforceable contracts, although a contract may incorporate a policy by reference. Be prepared with details of the public funding of the organization.

posted Dec 21, 2015 08:38 AM [EST]

Answer to My supervisor informed me by email a month ago, that my job was eliminated.I haven't received any separation papers. What is my recourse?

If you have evidence that stated reason of job elimination is a pretext for discrimination based on age, sex, race, national origin, religion, or disability or retaliation for protected activity, you may file with the EEOC and Philadelphia or Pa. Human Relations Commission. If the Hospital owes you wages or benefits for work performed, you may file a wage payment claim.

A complete answer requires an analysis of the detailed facts of your situation.

posted Dec 18, 2015 2:36 PM [EST]

Answer to Does vacation accrual method need to be available to employees?

Entitlement to vacation pay depends upon the terms of the agreement between the employer and employee. If the compensation agreement provides for the accrual of vacation, without a "use it or lose it" provision, employees may contact the PA Dept. of Labor to file a wage payment collection claim. The employee must show that (s)he has not used all accrued vacation.

I suggest that you first discuss your records of used vacation time with your former employer's HR representative and request the written vacation policy. Without a review of all the details of your compensation agreement and records of your vacation, I cannot comment about the merits of your particular quest for vacation pay.

posted Sep 30, 2015 2:35 PM [EST]

Answer to Can my part-time employer restrict me from also working for another employer PRN because they may wa

As a legal principle, a part-time employer does not have a right to control the employee's professional activities elsewhere. However, an employer may discharge an at-will employee for any reason, or no reason, provided that the dismissal is not motivated by discrimination or retaliation prohibited by state or federal law. Working at a second job in itself is not an activity protected by statutes.

Answers to posted questions are based on general principles of law. I have not had the opportunity to review all the facts of your employment situation.

posted Sep 21, 2015 07:25 AM [EST]

Answer to Can an employer legally enforce a non-competition statement in their company policies when an actual non-compete agreement was never signed?

In PA., employee handbooks and policies are not enforceable as contracts, unless the handbook or policy is incorporated into a contract between the employer and employee. Review the wording of the document that you actually signed.

posted Sep 21, 2015 07:06 AM [EST]

Answer to Can I use FMLA to take my terminally I'll father to his doctor appt

The FMLA recognizes a parent's serious health condition as a reason for leave. There are other conditions of eligibility for leave protected by the FMLA.

posted Sep 8, 2015 07:53 AM [EST]

Answer to What is the current status of PA Unemployment law with respect to severance when received in return for signing a

Severance payments in excess of 40% of the average PA wage are deducted from PA unemployment benefits. Severance means payments on account of separation from employment. Settlement payments to resolve claims against the employer are not necessarily severance payments. You wife should consult an attorney to analyze the proposal and to negotiate the terms of the proposed agreement.

My answers to MEL questions are based on general legal principles, rather than the facts of a particular situation. Applicable law may be affected by particular facts.

posted Sep 8, 2015 07:39 AM [EST]