Answers Posted By Scott Leah
That would seem to be a condition that would qualify for FMLA leave, although I would need to know a little more about the condition and treatments.
Also, there are requirements for you and your employer for FMLA to apply. There are requirements as to the number of employees that the employer must have, the amount of time you have to been employed by that employer, and the number of hours you are required to have worked in the past year.
I would be happy to discuss this with you if you want to call me at 412-594-5551.
posted Aug 7, 2015 05:48 AM [EST]
Also, there are requirements for you and your employer for FMLA to apply. There are requirements as to the number of employees that the employer must have, the amount of time you have to been employed by that employer, and the number of hours you are required to have worked in the past year.
I would be happy to discuss this with you if you want to call me at 412-594-5551.
posted Aug 7, 2015 05:48 AM [EST]
Answer to 7 months AFTER accepting employment?
There are several issues here.First, while a noncompete agreement can be entered into any time after you begin employment, it must be supported by adequate consideration. In other words, you must be given something in exchange for signing it. If you sign it before you start employment, getting the job is sufficient. But where you are already employed, something more must be provided to you. So that could be an issue as to its enforceability.
Second, any noncompete must be reasonable. That includes the geographic territory, the time period, and what it forbids you from doing. As to the latter, the employer must have a legitimate business interest at stake.
I am in Pittsburgh, and often do work in the northern counties (Mercer, Crawford, McKean, Elk, etc.). I would be happy to look at this for you if you want.
You can reach me at 412-594-5551 or by email at sleah@tuckerlaw.com.
Scott Leah
posted Mar 12, 2012 1:35 PM [EST]
Answer to After 33 years of employment and shareholdership, I am being asked to sign an employment agreement
A non-competition agreement, like any contract, must be supported by adequate consideration. That means that both sides must have a benefit and a detriment.The detriment to you is clear - you are going to be restricted in future employment under the non-competition agreement.
The question is what benefit you are receiving. Typically, a company requires that a non-competition agreement be signed at the time the employment relationship commences. Therefore, the benefit to the employee is getting the job.
But where an existing employee is asked to sign one, there must be something else, as the employee already has the job (keeping the job is not considered to be adequate consideration). The benefit to the employee could be a raise, a promotion, a salary increase, a bonus, etc.
If they fail to give you some benefit to signing the agreement, there is a very good chance that they will not be able to enforce it later.
The agreement itself should attempt to set forth the consideration. I would be happy to take a look at the proposed agreement for you and give you my thoughts on whether it will be enforceable in the future.
You can contact me at 412-594-5551.
Scott
posted Jan 2, 2012 10:43 AM [EST]
Answer to What is necessary for an employer to void a NCA?
There are several issues that are raised in your question. Without seeing your actual non-compete, I cannot give you a definitive answer. However, I can give you some general thoughts.First, the geographic scope may not be reasonable. While what is reasonable varies from industry to industry, a nationwide scope may be too broad.
That does not mean, however, that the non-compete is void. A Court will often write in a reasonable term where it finds a term unreasonable.
Second, if you are being let go by your employer, the employer may not be able to enforce the non-compete. They are more easily enforced when the employee leaves the employer of his or own choosing, and then tries to compete. Where an employer lets the employee go, they have less of an interest and there is some case law making non-competes unenforceable in some of those situations.
Third, there is always an issue of whether you are "competing" in your new job. That involves what you and your current employer do, what the new employer does, etc. Employees can sometimes avoid enforcement by working for a company that, while similar, does not exactly "compete" with the employer. Again, the terms of the actual non-compete, which I have not seen, are critical to determining what you can and cannot do.
You do not necessarily want to "void" the non-compete. You just want the employer to not enforce it or, if they do, to have some confidence that you will win. You may be able to get the employer to agree not to try to enforce it since they are letting you go, perhaps as part of a severance package. If they won't agree to that, which you would want in writing, you have to decide, after consultation with an attorney, whether you think it is enforceable and, if so, what it prohibits.
You should ask your employer for a copy of your non-compete, if you don't have one. I would be happy to review it with you and advise you on any potential severance negotiations or as to its enforceability.
Scott R. Leah
Tucker Arensberg
1500 One PPG Place
Pittsburgh, PA 15222
412-594-5551
sleah@tuckerlaw.com
posted Dec 21, 2011 12:30 PM [EST]
Answer to Can I help clients I used to assist when working for my former employer?
As noted in my previous answer, I really would need to see the agreement in order to advise you. Please contact me at the number I gave you and I would be happy to discuss with you.posted Dec 20, 2011 1:03 PM [EST]
Answer to If a former client contacts me for business requests, am I allowed to assist?
I would need to see and read your non-compete in order to give you definitive advice on this subject.Generally, a non-compete prevents you from working in competition with your old employer. A non-solicitation prevents you from solicting work, but you can do the work if the customers come to you on their own.
Whether the non-compete is enforceable dependends on many factors. Is it clear as to what you are forbidden from doing? Are the terms reasonable? Does the former employer have a genuince interest to protect?
Again, I would need to see the actual agreement to make any type of judgment on it.
Please feel free to contact me at 412-594-5551 if you want me to review your non-compete.
Scott R. Leah
posted Dec 20, 2011 10:09 AM [EST]
Answer to Can a no compete agreement extend beyond the employee to immediate family members?
It is common for a noncompete to be a part of the sale of a business. However, your grandfather cannot bind other members of his family, other employees, etc. If he sells his 49% interest, he can certainly agree not to compete. But he can only bind himself since only he is part of the sale and the agreement. If they want to bind any other members of his family to the noncompete, they need to make them parties to the sale, so that they have to sign the agreement. They would also have to receive some consideration in return for the noncompete.As to the time and distance of the noncompete, Pennsylvania generally requires that the terms be "reasonable." There are no magic numbers as to what is reasonable or not, it depends on the circumstances.
The 5 year term for the noncompete is a little high, but may be reasonable under the circumstances. The restriction within the county may also be reasonable under the circumstances. I would need to know more facts about the business to be able to give an opinion as to whether those terms are reasonable here.
I would be happy to review the terms of the sale for your grandfather if he does not already have legal counsel, or for you or another family member if you are being asked to be a party to it.
posted Sep 21, 2011 10:57 AM [EST]
Answer to Sister entitled to intermittent fmla
When looking at an FMLA issue, employees have a few hurdles that they have to jump.First, it must be determined whether the employer is a covered employer. That generally means that they have 50 or more employees.
Second,it must be determined whether the employee is an eligible employee. That generally requires that she have been employed for at least 12 months by that employer, have worked at least 1,250 hours during the previous 12 months, and that she be employed at a worksite that has 50 or more employees within a 75 miles of that worksite.
If all of those are met, the employee must still have a qualifying reason for the leave. For a serious health condition, the FMLA allows leave to care for the employee's spouse, son, daughter or parent with such
Therefore, Mr. Ezold is correct. Unless her employer has a more generous FMLA leave policy than that provided for under the law (which is possible, as an employer can give more generous leave, not not less generous leave, than the law provides for), the employee here would, even if she meets the tests above, not be able to take FMLA leave to care for a sibling.
I would need to review her employee handbook to determine whether her employer's FMLA leave is more generous than the law, or whether there is any other type of leave of abscence available to her.
posted Sep 19, 2011 2:26 PM [EST]
Answer to How many weeks vacation is my employer on the hook for?
Under Pennsylania law, you are not entitled to be paid for any unused vacation time. It is solely a matter between you and your employer.If you have an employment contract or employment agreement that provides for the payment of accrued, but unused, vacation time upon termination, then you may have the right to get paid for that vacaton time.
Similarly, if the employer has a policy of paying such vacation time upon termination (such as in an employee handbook or a past course of practice), you may also have the right to get paid for that vacation time.
Absent the above, Pennsylvania law does not create a right to be paid for accrued vacation time upon termination.
However, if you are entitled to be paid for accrued but unused vacation time (such as under an employment policy or contract), then you can bring an action under Pennsylvania's Wage Payment and Collection Law to recover it if the employer does not pay it to you. That law also provides that the employer has to pay your attorney fees.
posted Jul 28, 2011 09:54 AM [EST]
Answer to Do they owe me accrued vacation pay
Pennsylvania does not require that accrued, but unused, vacation pay be paid to employees upon their termination. Whether vacation pay must be in that situation depends on what employer's policies and/or any employment contract or employment agreement.However, if the employer's policy or the employment contract or employment agreement provides for the payment of accrued, but unused, vacation time upon termination, then the former employee can use the Wage Payment and Collection Law to collect it, which also provides for liquidated damages and attorney fees.
Therefore, to accurately answer your question, one would need to examine any employment agreement or contract that you had, or the company's employee handbook, or any employment policies the company had (whether written or its customary practice).
posted Jul 8, 2011 12:48 PM [EST]