Answers Posted By Doris Dabrowski

Answer to Is my doctor's return from LOA request unreasonable for my employer?

Discrimination and retaliation cases depend on specific facts. For a retaliation case, you must show that your prior EEO activity is a cause of adverse action taken against you. You should consult an attorney for a detailed assessment of the facts.

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

posted Apr 2, 2012 2:02 PM [EST]

Answer to Can management reduce my commission under a signed contract?

You must determine whether the employer has breached your written agreement. Has the employer complied with contract provisions, if any, allowing for a modification of the agreement? You should consult with an attorney to review the terms of your particular agreement. Doris Dabrowski, 1525 Locust St. Philadelphia, Pa. 19102, 215-790-1115

posted Mar 19, 2012 08:24 AM [EST]

Answer to Can i filelawsuit if manager is unfair & starts treating differently

To bring a lawsuit, you must prove that conduct is illegal; all that is unfair is not necessarily illegal. Laws that prohibit retaliation for protected activity include the N.J. Conscientious Employee Protection Act, the Law against Discrimination, the National Labor Relations Act, and federal laws prohibiting discrimination. To determine whether your employer has violated any law, you should consult a lawyer to review the nature of the issues you raised and other factual details. Doris Dabrowski, 1525 Locust St., Philadelphia, Pa. 19102, 215-790-1115.

posted Mar 12, 2012 07:12 AM [EST]

Answer to Question on a Unique Non Competition Agreement

I agree with the prior comments. Based on your question, California law should be applied to construe the contract to determine the legal consequences of the terms of the contract.

Doris Dabrowski
1525 Locust St.
Philadelphia, Pa. 19102
215-387-6635

posted Feb 27, 2012 2:08 PM [EST]

Answer to Can an employer or co-worker touch or remove your personal belongings from your desk ?

In most workplaces, the desk and items used and produced in the course of employment are the property of the employer. Although coworkers may not steal or destroy your personal items, you do not have a right to any particular arrangement of your personal items within the workplace.

Doris Dabrowski
1525 Locust St., Philadelphia, Pa. 19102

posted Feb 4, 2012 09:04 AM [EST]

Answer to Bonus Eligibility at the end of a temporary assignment.

You should ask an attorney to review the offer letter that you signed as well as the terms of extensions, whether oral or written. Would you have accepted the temporary position without the bonus? An attorney could consider possible breach of contract, estoppel or negligent misrepresentation theories.

posted Jan 30, 2012 08:23 AM [EST]

Answer to Retroactive FMLA Application

Has the employer conceded that the FMLA applies to the employment situation? What adverse action has the employer taken? I need information about the underlying facts before I can suggest a strategy. Your wife should arrange a consultation with a lawyer.


Doris Dabrowski,

1525 Locust St., 14th floor
Philadelphia, Pa. 19102
215-790-1115

posted Jan 23, 2012 2:01 PM [EST]

Answer to Can Executive Grade employees be discriminated in amount of payment of Severance Pay.

Is there a company severance plan that enables an administrator to match eligible employees with a benefit prescribed by the plan? If so, the employer generally must comply with the terms of the plan, unless the plan itself violates benefits laws.

Unless there is a plan or a contract that requires a severance payment, the law does not require an employer to provide any severance benefit. However, the employer may not discriminate on the basis of race, sex, national origin, religion, disability, age, sexual orientation.

If you wish to discuss the particulars of the proposal offered to you, contact a lawyer to review the plan and the factual circumstances of your concerns.

Doris Dabrowski
1525 Locust St., Philadelphia, Pa. 19102
dabrowskid@verizon.net

posted Jan 9, 2012 1:08 PM [EST]

Answer to Can the 180-day non compete clause be enforced that we all signed, no trade secrets involved.

Your description suggests that the employer-party to the non-compete agreement accuses the nurses of soliciting clients. Does the agreement include a non-solicitation clause? Courts usually interpret agreements that restrict trade narrowly to protect legitimate interests of the parties.

If the former employer is creating difficulties for former employees and/or the parents, I urge the affected parties to ask a lawyer to review the signed agreement(s) and the particular factual situation.

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

posted Dec 7, 2011 4:49 PM [EST]

Answer to Is this 21 business days till I have to sign the severance agreement.

CORRECTION: YOU GENERALLY HAVE 21 CALENDAR DAYS TO CONSIDER THE AGREEMENT.

posted Nov 29, 2011 08:52 AM [EST]