Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Andrew S. Abramson

1 Answer | Asked in Employment Law for Pennsylvania on

Q: My employer doesn't pay me time and a half when I go over 40 hours. Is that legal?

Andrew S. Abramson answered on Aug 31, 2018

Federal and state laws require that when an employee works in excess of 40 hours per week, the employee must be paid 1.5 times the regular rate of pay for each hour over 40, unless your job duties fall into certain legally recognized exemptions from overtime laws. Thus, the answer to your question... Read more »

1 Answer | Asked in Employment Discrimination and Sexual Harassment for Pennsylvania on

Q: i need help doing a sexual harassment lawsuit and have no clue where to begin i reported it to work a million times

and no one seemed to do the right steps it was still ongoing untill they found a way to fire me and now they r trying to get me with retail theft and its just messy the guy was stalking me talking to me touching me

Andrew S. Abramson answered on Jul 1, 2018

It is important to review all facts pertaining to your situation with an experienced employment law attorney. Feel free to contact our office to Evan,hate your entire situation.

2 Answers | Asked in Sexual Harassment for New Jersey on

Q: I was touched innapropriately and verbally abused at work. I told my bosses over four times and nothing changed.

It happened almost everyday. It is happening to other girls too at work. We will cry and cry to the bosses to make a change but they do nothing. Is this considered a case to come forward with. Because there is no physical evidence, just us girls, the delivery drivers, and the bosses know about it.

Andrew S. Abramson answered on Jun 26, 2018

It is possible that you may have a cause of action. Many more details will be required to properly assess the situation. Please feel free to contact our office to discuss the situation.

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on

Q: What is the likelihood that I have a wrongful termination lawsuit, that could result in obtaining severance

I worked 15 years for my employer, with an additional 2 grandfathered years. March 2018 I was fired for performance. The firing came 3 weeks after being put on final notice with a six week improvement / performance plan to be completed by April 13. I had not received a poor review in my time with... Read more »

Andrew S. Abramson answered on May 15, 2018

Assuming that you did not sign the proposed severance agreeement which presumably would have a release of all claims, it is possible that you may have a claim, depending upon the employer’s true motivating reason behind the termination. For instance, if you believe that despite the employer’s... Read more »

4 Answers | Asked in Sexual Harassment for New Jersey on

Q: How do I protect my job if I need to file a sexual harassment claim against my manager?

Andrew S. Abramson answered on Apr 27, 2018

Before you report the claim you should consult with an experienced employment law attorney so that the complaint is properly documented based upon applicable law. Feel free to contact our office.

View More Answers

1 Answer | Asked in Employment Law for Pennsylvania on

Q: Can an employer avoid overtime pay?

We were recently acquired by another company. I currently work three 12-hour shifts per week for a total of 36 hours. This new entity wants me to work a fourth 12-hour shift once a month, so I would have three weeks at 36 hours and one at 48 hours. This entity is trying to claim that I am not... Read more »

Andrew S. Abramson answered on Apr 14, 2018

There is no “evening out” under federal or state overtime law. Each week is separate so any week where you work more than 40 hours you are entitled to overtime pay, even if you worked less than 40 hours in other weeks. You need to consult with an experienced employment law attorney. Feel free... Read more »

2 Answers | Asked in Business Law, Employment Law and Contracts for Pennsylvania on

Q: Can a company in PA change bonus payment structure after the close of the year, with no prior notice?

The company just released fiscal 2017 results, and we missed most targets. I then get an email saying they are changing our bonus payment for 2017, and the company as a whole will get a flat % due to poor overall company performance. I am part of a sales division that exceeded part of the bonus... Read more »

Andrew S. Abramson answered on Feb 28, 2018

The issue is likely to be the terms of the written bonus plan. If the terms are clear and not discretionary, then under Pennsylvania law the plan could not be changed retroactively as to a complete yer. You should arrange for a consultation with an experienced employment law attorney to review the... Read more »

View More Answers

4 Answers | Asked in Sexual Harassment for New Jersey on

Q: I read online that the Faragher-Ellerth defense requires me to work through any issues of sexual harassment with my

employer prior to suing them. What if it's someone in HR who's harassing me and I don't feel safe doing that though?

Andrew S. Abramson answered on Feb 7, 2018

You are correct that when an employer has an appropriate sexual harassment policy and investigation process and an employee does not follow the claim reporting process, employers will seek to raise the Faragher-Ellerth defense to attempt to avoid liability for the sexual harasser's conduct.... Read more »

View More Answers

2 Answers | Asked in Employment Law for New Jersey on

Q: My employer automatically deducts 30 minutes for lunch break even if I do not clock out to take it. Is it illegal?

I also work at least 48 hours a week if not more and am not paid for overtime.

Andrew S. Abramson answered on Jan 26, 2018

Employers must pay employees overtime pay at 1.5 the employee's regular rate of pay even if you are paid on a salary basis unless your job duties fall into an exempt category. You may have a substantial unpaid overtime claim against your employer. It is essential that you consult with an... Read more »

View More Answers

3 Answers | Asked in Sexual Harassment for New Jersey on

Q: My coworker has been making me very uncomfortable with some of the things he's said to me lately. Does it qualify as

sexual harassment if I'm being harassed by someone who isn't my supervisor?

Andrew S. Abramson answered on Jan 23, 2018

Yes, it is possible to have a sexual harassment claim against your employer for the actions of an employee who is not your supervisor. However, assuming that your employer has the appropriate policies in place, under Supreme Court law, you must first notify your employer of the sexual harassment... Read more »

View More Answers

2 Answers | Asked in Employment Law and Employment Discrimination for Pennsylvania on

Q: Can my employer terminate me for additional leave after my FMLA has expired?

I broke my foot while on vacation last October and needed surgery to repair this. At that point my FMLA started. Since then I have had complications and required 3 additional surgeries to repair my foot. My FMLA expired December 31st and I requested additional leave. I provided notes from my... Read more »

Andrew S. Abramson answered on Jan 19, 2018

It is possible that the additional leave that you requested and the request to work from home are reasonable accommodations under the Americans with Disabilities Act and the Pennsylvania Human Relations Act. If so you may have viable causes of action against your employer. It is essential that you... Read more »

View More Answers

1 Answer | Asked in Employment Discrimination for Pennsylvania on

Q: Can I sue my previous employer for unlawful termination, retaliation, and discrimination?

I was fired on 12/11/17 with the excuse of bad civility. I worked there 4 years and was never written up, suspended or disciplined for anything before and was never given a written termination letter. Also a week prior I filed a complaint against the supervisor and feel this was retaliation for... Read more »

Andrew S. Abramson answered on Dec 27, 2017

Given the brief facts that you outline, you could possibly have a claim for wrongful termination for pursuit of a workers' compensation claim; violation of the Family and Medical Leave Act, depending on the number of employees employed by your employer; and possibly retaliation, depending on the... Read more »

1 Answer | Asked in Sexual Harassment for New Jersey on

Q: I was sexually harassed at my former workplace but didn't feel comfortable lodging a complaint until after I changed

jobs six months later. Now that I'm in a healthier environment, I want to ensure others don't endure the same treatment. Is it too late to file a harassment complaint or lawsuit?

Andrew S. Abramson answered on Dec 21, 2017

While more facts about the sexual harassment that you endured and your former employment situation are required to answer your question, you may very well still be able to pursue a claim. Please contact our office so that we can thourghlynreview the facts and accurately answer your question. Andrew... Read more »

1 Answer | Asked in Employment Discrimination for Pennsylvania on

Q: I have FMLA and have been doing my job 100% no restrictions. My employer sent me home can they do that

Twice I called off because of pain and twice i left early cause of pain but this day i was fine

Andrew S. Abramson answered on Dec 18, 2017

Your inquiry is not specific enough. If you have been approved for intermittent FMLA leave and called out for an FMLA intermittent leave approved reason then it is possible that there is a violation of the law.

1 Answer | Asked in Employment Law for New Jersey on

Q: Do I have a legal case here? How can a claim be denied after paying the premiums for 2 years?

My husband paid premium into supplemental life insurance through his employer for almost 2 years. He passed away Sept, 2017. His employer did confirm on paper about his supplemental life insurance. But when I claimed it, insurance company denying it because of missing (?) EOI. His employer did... Read more »

Andrew S. Abramson answered on Dec 14, 2017

Yes, facts that you detail could very well form the basis for a claim for the amount of the life insurance but a few more details are need. Please free to contact our office to set up a consultation. Andrew Abramson

_______________________________________

Andrew S. Abramson,...
Read more »

1 Answer | Asked in Employment Law for New Jersey on

Q: if ii had foot surgery and was out for 8 weeks but after the 8 weeks had medical approval to return to work but the

employee would not hire me back because he said the workload was too slow but then later hired someone in my place is that illegal? he knew i would be out for 8 weeks and assured me the same position when i returned but then when i was ready to return he laid me off and told me to collect... Read more »

Andrew S. Abramson answered on Dec 7, 2017

Yes, the facts that you detail could support legal action for violation of the Family and Medical Leave Act (FMLA). Feel free to contact our office to discuss the entire situation Our contact information is blow.

Also see this link for more information on the FMLA...
Read more »

1 Answer | Asked in Employment Law and Civil Litigation for New Jersey on

Q: Connecticut vs NJ employment law

If employee works from home in New Jersey for a company based in Connecticut and is terminated as retaliation, should ex employee file claim against former employer in Connecticut or New Jersey?

Andrew S. Abramson answered on Sep 18, 2017

As a general proposition, the employee-employer relationship would be governed by the laws of the state where you are employed. Thus, if the majority of your work was performed out of your home in New Jersey, then New Jersey law would apply. However, an employer can control which state's law... Read more »

1 Answer | Asked in Employment Law for New Jersey on

Q: I'm a chha. My hours are over 40 each week. I'm not paid over time. What are the rules?

I work for an agency in NJ. I don't work 40 hours for one client. Instead, there are 4 which add up to over 40 hours. Does time and a half still apply here?Supervisor only pays straight time.

Andrew S. Abramson answered on May 21, 2017

If the "agency" is the employer that pays you and weekly hours add up to over 40, you may be entitled to overtime pay for each work hour over 40. More information is needed including a description of your duties in each position and your rate of pay. Please feel free to contact me directly to... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on

Q: Can I sue under FMLA or ADA? Job description, duties & schedule changed after coming back from lung cancer surgery &

First day back after FMLA leave & lung surgery, brought into the front office and told I have no restrictions, job description changed, new duties & hours and double workload. Told I have to work with hazardous chemical even after I previously refused, due to past cancer. Walk farther to perform... Read more »

Andrew S. Abramson answered on Apr 12, 2017

You may ultimately have claims under the FMLA and possibility for disability discrimination. It is critical that you consult with an experienced employment law attorney to review of all facts concerning your situation to develop a course of action. strategy while you are out on leave. Feel free to... Read more »

2 Answers | Asked in Employment Law for New Jersey on

Q: What can I do about wrongful termination? Can I get in contact with someone to actually discuss all the details?

Andrew S. Abramson answered on Mar 17, 2017

Please contact our office at 267/470-4743 and we will discuss and evaluate your situation.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.