Answers Posted By Doris Dabrowski

Answer to Do Hispanics have civil rights in PA?

The Pennsylvania Human Relations Act as well as Title VII of the Civil Rights Act prohibit discrimination based on national origin. Illness raises a concern about compliance with the Family & Medical Leave Act. Does the illness constitute a disability as defined by discrimination laws? You should consult an attorney to discuss the application of the laws to the particular facts in the case.

posted Jul 27, 2015 07:37 AM [EST]

Answer to Chose not to renew employment contract, am I eligible for unemployment?

A claimant for unemployment benefits must be available for and accept suitable work. The eligibility for benefits in your particular situation depends of the particular facts. I suggest that you consult an attorney.

posted Mar 11, 2015 09:11 AM [EST]

Answer to At Will Employer

Generally the laws of the state where work is performed apply to the employment relationship. However, an express contract of employment may provide for a choice of another state law.

posted Mar 11, 2015 09:06 AM [EST]

Answer to can my employer require me to pay for my benefits while off on fmla due to surgery?

The employer must maintain the health plan on the same terms and conditions applicable to actively working employees. If active employees must contribute a portion of the premium, directly or through payroll deduction, employees on FMLA leave are likewise required to contribute the portion of the premium. However, if the employer pays the entire premium for actively working employees, the employer may not require persons on FMLA leave to pay. Non-health benefits are subject to the terms of the employer's policy or collective bargaining agreement or individual employment agreement, whichever is applicable.
Doris Dabrowski, 1525 Locust St. 14th floor Philadelphia, PA
19102, 215-790-1115

posted Jul 23, 2014 08:11 AM [EST]

Answer to Should a non-discretionary (pro-rated) bonus, based solely on my performance, be paid upon leaving?

Does your employer have a written policy about bonus accrual and payment? What is the usual practice of the company? I or another lawyer must review your written contract of employment as well as policies to advise you about entitlement to a prorated bonus.

Doris J. Dabrowski, 1525 Locust St., 14th floor, Philadelphia, PA 19102, 215-790-1115.

posted Jul 14, 2014 08:27 AM [EST]

Answer to Do I have a case?

If you were injured on the job, you should contact a workers compensation lawyer.

posted Jun 16, 2014 07:20 AM [EST]

Answer to My employer did not win bid, contract ends, they state they do not have to pat accrued pto time

Entitlement to pay for accrued but unused leave time depends on whether the paid time off is a benefit that is part of the compensation for past work. Benefits vest under Pa. law when all conditions for eligibility for the benefit is fulfilled. However, express "use it or lose it" leave policies do not violate the law.
This answer is a general statement of Pa. law, which does not constitute legal advice about your particular factual situation. You should ask a lawyer to review your employer's policies, usual practices and any written contracts that govern your employment. Doris J. Dabrowski, 1525 Locust St., Philadelphia PA 19102, 215-790-1115.

posted May 16, 2014 06:46 AM [EST]

Answer to Would the non compete keep me from getting a new job?

If you violate the terms of a non-compete agreement, the employer-party to the non-compete agreement can file a lawsuit against you to enforce the terms of the agreement and recover damages. Non-compete agreements frequently specify the nature of the relief that the employer may seek. Generally, an employer may ask a court to order you to cease working for a competitor and to award monetary relief.

In this forum, I can provide general educational information, rather than an analysis of the facts in your particular situation. Your questions require a lawyer to review your particular non-compete agreement and information about your prospective employer. You may contact me or another lawyer of your choice to analyze the agreement and the job duties at the places of employment.
Doris Dabrowski,
1525 Locust St., Philadelphia, Pa. 19102
215-790-1115.

posted Dec 31, 2013 3:57 PM [EST]

Answer to Fired for calling OSHA

Unfortunately, Congress has not passed proposed amendments to the Occupational Safety & Health Act to allow individual employees to pursue their own administrative agency and court
remedies for retaliation. Only the Occupational Safety and Health Administration can investigate complaints and bring a lawsuit against an employer.

posted Sep 5, 2013 07:04 AM [EST]

Answer to fired for false accusation

I assume that you are a private sector, rather than a government employee. Unless you have an employment contract or work under a collective bargaining agreement, you are an employee at will. At-will employees may be terminated at any time for any reason which does not violate the law.

You may wish to discuss with a lawyer disparities in the severity of the discipline imposed on you in contrast to the discipline imposed on comparable employees of other races. If a third party made a false accusation to your employer, a lawyer may analyze evidence of a possible defamation or interference with contract claim against the individual(s) who falsely accused you.

You may qualify for unemployment compensation if wilful misconduct is not proven.

This response can only provide general information about issues which you should discuss with a lawyer. It does not constitute legal advice on which you may rely in your particular situation.

posted Aug 26, 2013 2:17 PM [EST]