Answers Posted By Doris Dabrowski

Answer to Can I sue my employer? For saying my position was being eliminated when it was in fact not

Lying in itself does not give rise to a cause of action for a civil lawsuit. However, you should consult a lawyer if the lie may be a pretext to cover up discrimination or retaliation.

posted Mar 29, 2021 08:47 AM [EST]

Answer to Leaving Employer with Tuition Reimbursement Agreement after a Pay Cut

One issue is whether the agreement may be rescinded due to a material breach (if any) by the employer.

You should discuss the complete factual situation and review the employment contract with a lawyer.

posted Aug 21, 2020 08:59 AM [EST]

Answer to Can an employer reduce salary a contracted salary 20% if so can they enforce a non compete clause?

Generally, an employer may reduce compensation prospectively, but not for work that has already been performed. You should review your contract to determine whether there are any contractual limitations on a party's change of compensation. Consult an attorney about your particular contract to determine any possible contractual consequences of a decrease in compensation.

posted May 9, 2020 07:14 AM [EST]

Answer to Can you get laid off on your last day on short term disability? With no notice until you go back to work on a new schedule week?

Short term disability generally refers to a benefit, which may be continued salary, a portion of continued salary or an insurance benefit.

The Family & Medical Leave Act has reemployment rights for workers covered by the law. The maximum FMLA period is generally 12 weeks (or an equivalent if leave is intermittent).

You should consult a lawyer to review your entire employment and benefit agreement.

posted May 4, 2020 2:34 PM [EST]

Answer to Would I be eligable under both situations employer is making me choose?

To be eligible for regular unemployment benefits or Pandemic Unemployment Assistance, you must be unable to work because of COVID-19. You may be eligible for partial benefits if your pay is reduced. Be careful about a rejection of an option to work part time.

posted Apr 8, 2020 11:33 AM [EST]

Answer to Is it legal for employer to pay the raise for all working hours after every 6 months?

Section 3 of the Pa. Wage Payment and Collection Law requires employers to pay all wages other than fringe benefits and wage supplements on regular paydays designated in advance.

posted Mar 30, 2020 08:21 AM [EST]

Answer to Due to Covid-19, my employment in PA stopped. UC application was denied.

The Pandemic Unemployment Assistance provision of the CARES Act provides benefits for workers who are otherwise ineligible for unemployment benefits. As of this writing, online and phone applications for this benefit are not accepted in Pa. Check the website, www.uc.pa.gov for updates.

posted Mar 30, 2020 06:45 AM [EST]

Answer to If an associate is simply uncomfortable with another associate without any harassing doings is this?

To be a violation of law, harassment must have a discriminatory or retaliatory motive, the incidents must be severe or pervasive, and the actions must be offensive not only to you but to a reasonable person of the same category as you (e.g., women, minorities). If the alleged perpetrator is a co-worker, the employer is responsible to take measures reasonably calculated to end harassing behavior.

posted Feb 7, 2020 09:18 AM [EST]

Answer to Hi - can an employer offer benefits in exchange for work? For example my employer who I already work 40 hours for said they will provide medical benefits if I do several tasks each week

The Affordable Care Act requires large employers, i.e., employers with at least 50 full time year round employees, to provide affordable medical insurance to employees who work at least 30 hours/week. Small employers may offer health insurance benefits, but are not obligated to do so by law.

Employers sponsoring health plans must distribute a Summary of Benefit Coverage about available group health coverage within 7 days of a request and upon an initial application for benefits, renewal, reenrollment, or a change in benefits. ERISA requires distribution of a summary plan description of sponsored benefits.

posted Feb 5, 2020 08:30 AM [EST]

Answer to I have had an approved FMLA leave since 2013 due to a critical illness. This leave has and is currently in effect. My issue is that my FMLA paper work from my Dr. states that I am to work a 40 hr. week, M-F 8 AM-5PM EST. I have consistently worked this sc

If a disability prevents you from working on the schedule assigned by your employer, and a change of schedule would allow you to perform the essential job functions, you may request a reasonable accommodation.

posted Oct 31, 2019 06:48 AM [EST]