Answers Posted By Christopher Ezold

Answer to i have been wrongfully accused of sexual harassment by an employee upset because i would not keep taking her to work. she claimed i cut her hours because she would not offer sexual favors. Her hours were cut because she got into 2 car accidents and had no

If you have been accused of sexual harassment, speak to an employment attorney in your area ASAP. You want to ensure that your legal rights are protected.

posted Apr 25, 2019 06:02 AM [EST]

Answer to Is my non compete agreement enforcable?

Attorney Leah gave you good advice. Noncompetition agreements are very situational; the facts of how you became employed, the terms of the agreement, how you actually worked for the employer, what the industry is, what information and customers to which you were exposed, the nature of potential future employment, etc., all factor in to whether the agreement is enforceable against you. You should have it reviewed by an employment attorney and discuss your goals and pathways to move on from your current employment.

posted Oct 22, 2018 11:26 AM [EST]

Answer to Sons hours cut in half employer told him if you go to unemployment you will be fired

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law applies, unless otherwise specified.

That being said, it is illegal to fire an employee for applying for unemployment compensation. The fired employee should speak to an employment attorney, and your son should apply for unemployment. If your son is fired, he'll have a claim - and any employer who would treat its employees this way is one that is not worth working for.

/Christopher E. Ezold/

posted Jan 4, 2017 11:05 AM [EST]

Answer to I was asked by my employer to accept an offer of severance pay to end my employment with them and not to sue. can I file for UC & what is the reason I should choose on the PA UC site?

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law applies, unless otherwise specified.

That being said, severance can be used to reduce your unemployment - if what you were paid was a settlement for a valid claim, then you might have a different result. You should have the severance agreement reviewed by a local employment attorney before you sign.

/Christopher E. Ezold/

posted Nov 2, 2016 07:50 AM [EST]

Answer to My daughter is made to go into work between 7:45-8:00 am and work until 4:30-5:30pm with a 30 minute lunch break. She has been forced to leave early on Fridays so her employer does not have to pay her overtime for the week. (He initially told her to take

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law applies, unless otherwise specified.

That being said, what is your question? An employer may require you to not work more than 40 hours, and may change your hours from time to time. If you don't like the job, you have the right to go find another.

/Christopher E. Ezold/

posted Nov 2, 2016 05:38 AM [EST]

Answer to I was hired for a market research position by a pharmaceutical company in the Philadelphia area. When I started, I was directed to complete tasks that were more appropriate for a data scientist/analytics professional and for which I had no skill. Six mont

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law applies, unless otherwise specified.

That being said, attorney Leah gave you good advice. The only other claim you might have is if you moved from out of state or undertook a significant detriment to become employed by your company (other than merely turning down other offers). This may create an 'implied' contract - but this is a difficult claim to make most of the time. It is most likely you have no legal claim for the termination (unless you were treated differently than similarly skilled employees of a different race, gender, age, religion, etc.).

/Christopher E. Ezold/

posted Oct 12, 2016 07:41 AM [EST]

Answer to I signed a non compete agreement with my old manager position. I was demoted and transferred to anot

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law applies, unless otherwise specified.

That being said, noncompetition agreements are tricky. If you received a promotion, and signed the agreement, you are likely bound even if you then lost the promotion. If you agreed to a new job knowing you would have to sign an agreement, but it was never presented, you may have an obligation to sign it when presented with it. This is a messy area of noncompete law; you should speak with an employment attorney ASAP to review the agreement, your new hire letter and the facts of your employment. It may be that the original agreement isn't valid for other reasons (noncompetes have a lot of drafting hurdles to clear before they are enforceable), and the promise to sign for the new employment won't bind you.

/Christopher E. Ezold/

posted Sep 22, 2016 2:04 PM [EST]

Answer to I work for a home health care company and only work for one specific client. The client is going to drop this agency I work for and is trying to get all of the nurses to sign with the new agency she has chosen. We all signed a non compete agreement. it sa

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law applies, unless otherwise specified.

That being said, you should speak with an employment attorney. I've represented both home health care agencies and workers in noncompete disputes - these incidents are growing as home health care is growing. Just because your client leaves your agency does not mean your noncompete is not enforceable - but noncompetes do have a higher set of legal requirements to meet to be enforceable than regular contracts. They are frequently not drafted correctly, or are unenforceable for other reasons. You should know what the risks of competing are before you leave.

/Christopher E. Ezold/

posted Aug 5, 2016 05:01 AM [EST]

Answer to I am a mother to a 4 year old with Down Syndrome dealing with discrimination at my job. In 2013 after a friendly manager warned that upper management was complaining about my time out of the office, I requested FMLA. I have worked at my company for over 1

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law applies, unless otherwise specified.

That being said, if you are being retaliated against as a result of taking legal FMLA leave to care for your child, then you may have an FMLA/retaliation claim. You will have 180 days to file an FMLA claim with the PHRC, and 300 to file with the EEOC, from the date of the retaliation. The PIP itself, and any termination due to the retaliation, are both instances of discrimination/FMLA retaliation, and the clock will be starting on the dates of each of those actions. You should speak with an employment attorney ASAP on how to preserve evidence, protect your rights and protect your job.

/Christopher E. Ezold/
(610) 660-5585

posted Jul 27, 2016 11:26 AM [EST]

Answer to If I have a 3-year tuition reimbursement contract with my employer, but my division is spinning off, does that void my contract? Thanks!

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law applies, unless otherwise specified.

That being said,the answer depends on the language of your contract. If the issue is not addressed, then it is likely that the employer will continue to owe you the tuition reimbursement. If the new owner of the division (or the division itself, if it is going to be free-standing) assumes your contract, then the obligation will travel with the division.

/Christopher E. Ezold/

posted Jul 6, 2016 05:41 AM [EST]