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Questions Answered by Andrew S. Abramson
1 Answer | Asked in Employment Law for Pennsylvania on
Q: I am owed commissions for jobs i brought in. I get paid when the company gets paid. What happens if i quit before paid?
Andrew S. Abramson
Andrew S. Abramson answered on Mar 3, 2017

In situations where a Pennsylvania employee is no longer employed when commission payments would otherwise be due, entitlement to the commissions is a matter of the employer's written policy. If the employer has a policy that you must still be employed in order to receive the commissions the law... Read more »

4 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Pennsylvania on
Q: can I file a workman compensation or sue the employer what are my options

I was working on my part time job where the guy pays all his employees cash. I am a plumber while on the job a piece of pvc ricashaied into my right eye and reputed it the doctors said that I may not regain vision in the eye and I have numerous surgeries to try and save the eye because the lense on... Read more »

Andrew S. Abramson
Andrew S. Abramson answered on Mar 2, 2017

This is a clear workers compensation case. You need to speak to an experienced workers compensation attorney as soon as possible. I highly recommend Marla Joseph who can be reached at 2215-884-6664, or workcompa.com. Andrew Abramson

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1 Answer | Asked in Sexual Harassment for New Jersey on
Q: I feel like I am being harassed in a sexual way by someone who is frequently at my work, but they are not an employee

they are a client. Does sexual harassment cover that?

Andrew S. Abramson
Andrew S. Abramson answered on Feb 10, 2017

While sexual harassment claims typically involve another employee/manager that works for the employer, there are circumstances in which an employer can be held responsible for sexually harassing conduct by a non-employee. In this type of situation, it is critical to speak to an experienced... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: My employer owes me thousands in back wages. I am also owed more money for buying material. How do I get my money?

I have all my hours documented. I have texts and emails exchanged.

Andrew S. Abramson
Andrew S. Abramson answered on Feb 2, 2017

Assuming that you work in Pennsylvania you may have a claim for up to 125% of the amount of wages due plus attorneys' fees and costs. Feel free to contact our office to provide more information.

Andrew S. Abramson, Esq.

Abramson Employment Law, LLC

790 Penllyn Blue Bell...
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2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Pennsylvania on
Q: My husband's employment agency is playing games with his continued employment at Amazon, what can we do?

My husband was hired through integrity staffing solutions (herein referred to as ISS) to work for Amazon in Easton PA. He was nearly terminated after an on the job injury, and then forced to leave early due to an asthma attack. He was told at the beginning of his employment that he could bring his... Read more »

Andrew S. Abramson
Andrew S. Abramson answered on Jan 31, 2017

The facts that you detail could support a claim under the Americans with Disabilities Act and the Pennsylvania Human Relatins Act depending on how the situation plays out. Feel free to contact our office to provide further details for assessment.

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1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: i have worked for roughly 8 months for a local realtor and I believe i have been mislabeled as an independent contractor

I have been paid 12 hr the entire time, they choose where i work and what gets done, they provide all tools, i have worked 10-20 hours of overtime and never been paid extra for it, I have zero benefits. Can I sue? and for how much? I roughly make between 500-700 a week at 12hr most weeks are 45-65... Read more »

Andrew S. Abramson
Andrew S. Abramson answered on Jan 24, 2017

The limited facts that you outline could support you being deemed an an employee. If you are an employee and work more than 40 hours per week, you could then be entitled to overtime pay for each hour over 40 that you work. More details concerning your job duties and the employer are needed in order... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I am labeled a independent contractor for a local realitor. Im paid 12 hourly . I should be labeled employee.

He chooses where i go everyday and what jobs i perform. I use none of my own tools. Ive worked for him for roughly nine months and have worked 60 plus hours of overtime with no overtime pay. I receive no benefits at all. Can i sue for overtime money and also unemployment because i was mislabeled?... Read more »

Andrew S. Abramson
Andrew S. Abramson answered on Jan 17, 2017

Thank you for contacting our firm through Justia Ask a Lawyer. As a courtesy to e-mail correspondents, Abramson Employment Law, LLC reviews all e-mail and provides correspondents with a brief courtesy reaction to a factual scenario on a complimentary basis. All information, which is received, is... Read more »

2 Answers | Asked in Employment Discrimination for New Jersey on
Q: If I am demoted and a younger employee is given my job is that discrimination?
Andrew S. Abramson
Andrew S. Abramson answered on Dec 9, 2016

The facts that you detail could support a claim for age discrimination as you are being less favorably than a younger employee. For more information regarding age discriminator see this link. http://www.job-discrimination.com/age-discrimination.html/

Feel free to contact our office to...
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1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Can I sue my place of work for hiring someone while I was out of work injuried?

I was injuried in August and was out for three months, I wasn't injured on the job but was getting short term disability, I called them to let them know that I can return to work on December 19th but was told they hired someone else to fill my position. I was wondering if I was able to sue them

Andrew S. Abramson
Andrew S. Abramson answered on Dec 5, 2016

The answer to your question may be depend on the number of employees who work for your employer and the nature of your injury/disability. If you worked more than one year and there are more than 50 employees, the Family and Medical Leave Act (FMLA) may provide protection. If not, depending on the... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Hello, i have just received a Notice of Hearing for Unemployment. Is it good to have legal representation. ?
Andrew S. Abramson
Andrew S. Abramson answered on Dec 3, 2016

Yes. It is very likely that the employer will have either an attorney or experienced human resources employee at the hearing. In order to have the best opportunity to protect your claim for unemployment compensation benefits you should retain an attorney. For more information on Pennsylvania... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I was laid off my former employer is telling unemployment that I was terminated in order to deny my claim. I need help

My previous employer told me the contract for the client was terminated and for 4-5 people (including me) becuase of work slowage. They promised me to find me more work but have not done so. I filled for unemployment and got call from that State the my previous employer is telling them I was fired... Read more »

Andrew S. Abramson
Andrew S. Abramson answered on Nov 16, 2016

Based on the facts that you report you may be eligible for benefits and you should retain an experienced employment law attorney to file an appeal and represent you at an unemployment hearing. See this link for more infomrtion on unemployment benefits:... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: Do I have to return to work injured?

I was sent to see my employers Dr he didn't check me just said here is what they want an sent me on my way he did tell me to follow up with my pcp so I did my pcp gave me a leave of absece for 6 to 8 weeks. My employer calls me an said I have to return to work on light duty while I am injured an... Read more »

Andrew S. Abramson
Andrew S. Abramson answered on Oct 27, 2016

You need to consult with a workers compensation attorney as soon as possible. I recommend Marla Joseph, Esq. 215-884-6664.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I was suspended by my employer after I filed a discrimination case against my supervisor. Is this retaliation?
Andrew S. Abramson
Andrew S. Abramson answered on Jan 8, 2013

Assuming that you complained about discrimination which is protected by the law (i.e. age, race, sex, religion, national origin, disability) you have likely engaged in proetected activity and this would be retaliation. A company accused of violating a law, whether by charge of discrimination or... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: If an employer verbally promises you a promotion, but gives it to someone with less experience, can you sue?
Andrew S. Abramson
Andrew S. Abramson answered on Jan 8, 2013

Pennsylvania is an “employment at will” jurisdiction, which means that an employee can not be promoted for no reason, or for any reason at all, unless the real reason you did not received the promotion is protected by the law. For instance if the real reason is based upon the employer... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can I be denied unemployment after being fired from a job that I had for 25 years?
Andrew S. Abramson
Andrew S. Abramson answered on Jan 8, 2013

As an employee who was employed in Pennsylvania for 25 years you are entitled to unemployment compensation if your employment is terminated unless you are determined to have engaged in wilful misconduct. Even if you are initially denied unemployment benefits, you should consult an attorney. We... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I have a question pertaining to being exempt and working 12 hours a day, but getting paid for just 7.5. Is this legal?
Andrew S. Abramson
Andrew S. Abramson answered on Jan 8, 2013

If your position is truly exempt under the law, then you would not have a claim, however, employers frequently misclassify employees as exempt when the law provides otherwise. You should have the nature of your job duties reviewed by an attorney to closely check the exact terms and conditions in... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: My vacation payoff was denied even though it is spelled out in our personnel manual

When I resigned, how does it get payed out?

Andrew S. Abramson
Andrew S. Abramson answered on Jan 8, 2013

In Pennsylvania if the employer has a policy in which it pays an employee earned, unused vacation time when the employment relationship ends; the employer must follow that policy and if it does not, the employee may have an action under Pennsylvania Wage Payment and Collection Law, 43 Pa C. S.... Read more »

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