Answers Posted By Doris Dabrowski

Answer to Severance Pay Discrimination

If the company has a severance plan that enables administrators to match benefits to eligible participants in the plan, the company must follow the terms of the plan. There must be at least a summary plan description of such severance benefit plans. The plan administrator must give you complete governing plan documents for all benefit plans within 30 days of your request to the plan administrator. If there is neither a plan nor a requirement to pay a severance benefit in an employment contract, there is no obligation to pay any severance benefit. Severance benefits may be negotiated between the departing employee and the employer. Employers typically demand a release in return for the payments. This information is a general statement of the law applicable to severance obligations and does not constitute legal advice for your particular situation. You may contact me or any other knowledgeable attorney for assistance in obtaining plan documents and negotiating a severance benefit.

Doris Dabrowski, email@dabrowski-law.com.

posted Jul 31, 2013 11:55 AM [EST]

Answer to As a 1099 employee after a year I am being asked to sign a non-compete

A 1099 is appropriate if you are an independent contractor. An employer must withhold taxes, and pay contributions for FICA and the unemployment fund. I question whether you have been properly classified as an independent contractor. Is there a proposal to change your status from contractor to employee? You should try to negotiate the terms of the proposed non-compete agreement to narrow the terms as much as possible. I cannot recommend options without a full disclosure of all pertinent facts. You should consult me or another attorney about the specific facts in your situation.
Doris Dabrowski, 1525 Locust St., Philadelphia, Pa. 19102, 215-790-1115.

posted Dec 17, 2012 3:15 PM [EST]

Answer to Resigned, then terminated, policy for vaca pay differentiates between vol/invol

You may contact the Department of Labor or file a private lawsuit for unpaid wages or benefits. The Wage Payment & Collection Law provides for liquidated damages, attorney's fees and costs in addition to the unpaid wages and benefits.
You should consult a lawyer to discuss the particular facts of your situation, including reasons stated for the termination and your resignation notice. I must review complete facts before I can opine about the merits of your particular claim. Doris Dabrowski, 1525 Locust St., Philadelphia, Pa. 19102, 215-790-1115.

posted Dec 7, 2012 2:43 PM [EST]

Answer to can I still sue, if I signed a serverance agreement

An employee may sue to enforce the terms of the severance agreement itself. A claim for reinstatement of a health benefit plan governed by the federal Employee Retirement Income Security Act (ERISA) does not allow for damages for inconvenience.

posted Dec 4, 2012 08:00 AM [EST]

Answer to I was hired and worked for two weeks and was let go will I still get paid for those two weeks

Employees are entitled to pay for all work performed.

posted Oct 15, 2012 07:15 AM [EST]

Answer to Can restrictive covenants of employment contract w/6 mo. pay, exceed 12 month period ?

To interpret the effect of a restrictive covenant, an attorney must review the exact language of the contract. I urge you to consult a lawyer to apply the language of the contract to the particular facts.

Doris Dabrowski
215-790-1115

posted Oct 3, 2012 1:44 PM [EST]

Answer to Can a non-compete clause be enforceable if my distributor's area has changed?

The answer depends upon the exact wording of the non-compete agreement. Since non-compete agreements restrain free trade, they are strictly construed. If there is an ambiguity, courts interpret contracts to effect the intent of the parties. The absence of any genuine interest to be protected may be a factor in interpretation and application of the agreement.

Since I have not reviewed the particular documents and detailed facts, this answer can only provide general legal information. To obtain legal advice about your particular situation, contact me or another attorney to review the agreement and the particulars of the activity that arguably violates the agreement.

Doris Dabrowski
1525 Locust St., 14th floor
Philadelphia, Pa. 19102
215-790-1115
dabrowskid@verizon.net

posted Aug 2, 2012 07:19 AM [EST]

Answer to Can my employer enforce 3rd party do not compete I was not aware of?

A lawyer must review the exact wording of the purported agreement and the actions of the parties to opine about the existence of an enforceable contract and potential claims of interference with prospective contracts. I cannot give you an opinion without a thorough review of the facts. You and your colleagues may contact me if you wish a consultation.

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

posted Jul 5, 2012 07:10 AM [EST]

Answer to Is the non-compete agreement still valid after the sale of the company?

To answer your specific question, I must review the exact terms of the non-compete agreement, the circumstances of your signing the agreement and the nature of proposed activity. Is there any possibility of negotiating with the new owner? Feel free to contact me to discuss options.

Doris Dabrowski
1525 Locust St., 14th floor
Philadelphia Pa. 19102
215-790-1115
http://www.dabrowski-law.com
dabrowskid@verizon.net

posted May 24, 2012 1:29 PM [EST]

Answer to I'm sorry there is no way to sum this up in 100 characters or less

Hacking into your personal emails suggests a possible violation of federal criminal laws. You should consult a lawyer about the use of computer equipment and internet transmissions, as well as the rights of you and former employer to electronically stored information. I agree with Mr. Ezold that you are free to provide services to the former employer's clients in the absence of a non-compete or non-solicitation agreement. You should review the detailed facts surrounding your employment relationship with a lawyer.
Feel free to contact me.

Doris Dabrowski
1525 Locust St., Philadelphia, Pa. 19102
215-790-1115
dabrowskid@verizon.net

posted Apr 6, 2012 07:49 AM [EST]