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Questions Answered by Andrew S. Abramson
2 Answers | Asked in Employment Law, Sexual Harassment and Civil Rights for Pennsylvania on
Q: I was fired yesterday after filing a second complaint about the same customer sexual assaulting me in the restaurant.

The restaurant has no handbook or ethics. Not even a system to file complaints. The customer is an investor and has ties with the hemp distributor ( it was a brewery). The first time in mid October the customer caressed me and I became deeply uncomfortable. As soon as I could get away I went to my... View More

Andrew S. Abramson
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Andrew S. Abramson
answered on Jan 29, 2022

The facts you present could present a retaliation claim but more information is needed to thoroughly evaluate. Please contact our law firm so that we can obtain more details.

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2 Answers | Asked in Employment Law for Pennsylvania on
Q: What is the exact definition of "Attempt to exercise FMLA rights" under the FMLA prohibitions?

What are some examples of the below meaning of "attempt"? Does this mean such if an employee who already has intermittent FMLA and makes a claim or an attempted claim to attempt to exercise FMLA? If so can an employer terminate an employee for attempting to use even if FMLA was not... View More

Andrew S. Abramson
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Andrew S. Abramson
answered on Feb 7, 2021

The definition of exercising a potential right to FMLA leave can be very broad, bottom line, is that if there is a good faith effort to ask for leave that could be protected as family medical leave, and action is taken against an employee due to that leave request, it may be considered retaliation.... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Collecting unemployment

I worked at a company for 2 years at the same job in the company as a high reach operator. They bought in a new supervisor and she changed me to another department were i had no experience or certification on the equipment. Which they told me I had to do. I am scared of heights and... View More

Andrew S. Abramson
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Andrew S. Abramson
answered on Dec 2, 2020

In order to qualify for unemployment compensation in Pennsylvania when an employee quits work (i.e. resigns) the legal standard is that there must be a "necessitous and compelling reason" for resigning. Prior to quitting, an employee should discuss the issue(s) of concern with the... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: I believe I got wrongfully terminated for being pregnant, I need to speak to a lawyer. In NJ can I legally record a cal

My job sent me Cobra Insurance with a notice of me being terminated, no one has called me, however I believe I'm being wrongfully terminated for being pregnant, as they are noe hiring for my exact position on Facebook. I want to find out if I can pursue legal action against them. I want to... View More

Andrew S. Abramson
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Andrew S. Abramson
answered on Jul 3, 2020

The facts that your present could support a pregnancy discrimination case. Prior to moving forward with any further communication with your former employer you should definitely consult with a lawyer. We would be happy to discuss your entire situation with you. Please contact our office.

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: Can I be fired from my Firm because my HR Director feels I'm immune compromise due to my having Hodgkins in 2013?

On 3/5 I was told to start working from home due to my immune system. Last week I was 1 of many asked to volunteer to resign. I don't plan on resigning. My Oncologist gave me a letter stating I'm not immune compromised since it's been 7 yrs that I'm in remission. When do I send... View More

Andrew S. Abramson
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Andrew S. Abramson
answered on Jun 10, 2020

You should provide the doctor’s note to your employer as soon as you possibly can. Also, if you are eventually terminated, you should contact an experienced employment law attorney to evaluate all of the facts surrounding the termination as you may have a claim for perceived disability... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: I would like some help with my unemployment appeal. My old employer is really making things up. This would be my 2md tim
Andrew S. Abramson
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Andrew S. Abramson
answered on Nov 22, 2019

You should retain an experienced employment law attorney to represent to at the hearing. If you are located in Pennsylvania we can assist.

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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
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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... View 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
PREMIUM
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
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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.

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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... View More

Andrew S. Abramson
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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... View 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
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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.

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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... View More

Andrew S. Abramson
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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... View 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... View More

Andrew S. Abramson
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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... View More

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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
PREMIUM
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.... View More

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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
PREMIUM
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... View More

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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
PREMIUM
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... View More

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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... View More

Andrew S. Abramson
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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... View More

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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... View More

Andrew S. Abramson
PREMIUM
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... View 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
PREMIUM
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... View 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
PREMIUM
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.

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