Answers Posted By Christopher Ezold

Answer to Can I be "laid off" when returning from medical leave at the same time 4 new nurses being hired?

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 or Federal law apply, unless otherwise specified.

That being said, the Family and Medical Leave Act ("FMLA") provides job security protection to employees that have to take medical leave of 12 weeks or less for themselves or an immediate family member. The Americans with Disabilities Act ("ADA") prevents discrimination against disabled employees that can perform the job, or against employees that the employer perceives as disabled.

The FMLA requires that you have worked 1,250 hours for the employer in the 12 months prior to taking leave; it appears unlikely you would have met that number. However, if you were terminated due to a disability, or the perception that you were disabled, but could still do your job, then you may have a claim.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Chair of the Board,
Magellan Leadership Group

Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted Dec 8, 2010 12:51 PM [EST]

Answer to Relocation expenses repayment

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 or Federal law apply, unless otherwise specified.

That being said, if you are terminated without cause, and the contract states you'll repay moving costs if you leave voluntarily, I do not see any legal claim that the company has against you for the moving costs. I would have to see the contract language to be sure, but it appears that you have no obligation to repay, and the company is overreaching.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted Dec 1, 2010 2:50 PM [EST]

Answer to Is it legal for an employer to not pay you for PTO hrs?

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 or Federal law apply, unless otherwise specified.

That being said, if you have earned the 150 hours of PTO, you must be paid for that time. The question is whether you 'earned' the payment for PTO. The law does not require that you be paid for PTO; the employer's policy controls when you 'earn' PTO time. Therefore, if the employer's policy states taht you will not be paid your PTO upon the termination of your employment, you won't have a right to payment. If the employer's policy is silent on the matter, it is likely that you have a right to payment for the 'earned' PTO time.

If you have that right, and they don't pay, you'll have a right to sue for it, plus a 25% penalty and your attorneys' fees.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted Nov 22, 2010 11:26 AM [EST]

Answer to if i report sexual harassment could i go from 40hrs to 32hrs

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 or Federal law apply, unless otherwise specified.

That being said, it is illegal under federal and state law for an employer to retaliate against an employee for reporting discrimination or sexual harassment. Furthermore, a reduction of work hours or termination of employment as a result of such retaliation is potentially 'wrongful termination' under Pennsylvania law.

If you are experiencing such retaliation, you should see an employment attorney immediately. If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Chair of the Board,
Magellan Leadership Group

Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted Aug 24, 2010 12:13 PM [EST]

Answer to termination for refusal to sign non-compete not supported by consideration

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 or Federal law apply, unless otherwise specified.

That being said, you are correct that in Pennsylvania, when an employer asks you to sign a noncompetition agreement, you have to be paid for it (in cashe, valuable perks, benefits, etc.). Unfortunately, there is no law that says that they can fire you if you don't sign it, even though they don't pay you.

So you are in a catch-22; either sign a document that you know to be ineffective in order to keep your job (and potentially face a lawsuit based on that bad document down the line), or refuse to sign without being paid, and potentially lose your job.

There are good arguments that being fired for refusing to sign a noncompetition agreement without being paid for it is illegal under current law, but there have been no cases that have examined that issue. Usually, being the first case in any area is an expensive and risky proposition.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Chair of the Board,
Magellan Leadership Group

Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted Jul 30, 2010 9:03 PM [EST]

Answer to I was recently terminated from my job due to a sexual harrassment claim.

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 or Federal law apply, unless otherwise specified.

That being said, you generally do not have any 'due process' rights when an employer is investigating claims against you. Most states do not even allow claims against an employer if the investigation is negligent. You may, however, have claims against the complaining party for defamation or slander if the accusation is false, and against the employer if the employer repeats allegations it knows are false. Also, if the investigation is carried out in a reckless or willfully bad manner (i.e. more than mere negligence), you may have a claim. Depending on the facts, you may have claims for tortious interference with contract or invasion of privacy, although that is unlikely in most circumstances. Finally, if the investigation is a pretext for the real reason for your termination, you may also have a claim.

The biggest problem you have is that you have no infomation to work with; you will have to do some digging with friendly (former) co-workers to find out what went on.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Chair of the Board,
Magellan Leadership Group

Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted Jul 26, 2010 08:09 AM [EST]

Answer to Can I be fired for turning in one employee of mine for sexual harassment of another employee?

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 or Federal law apply, unless otherwise specified.

That being said, if you are fired for reporting sexual harassment to your employer, you will likely have a claim for illegal retaliation in violation of Title VII and the Pennsylvania Human Relations Act.

I would recommend reviewing whatever policies and procedures your employer has; if they require you to investigate or take any other action, then I recommend that you ask your supervisor in writing (i.e. email) whether they want you to take the actions referenced in the policies. If there are no policies, I'd recommend just emailing your supervisor and asking whether s/he wants you to take any action on the complaint. If you are told yes, then do what is necessary. If you are told no, then the burden will be on them to investigate, and you are out of the picture.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted Jun 30, 2010 1:04 PM [EST]

Answer to Can a non-compete be enforced for ideas that were discussed but not used?

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 or Federal law apply, unless otherwise specified.

That being said, noncompetition agreements have many requirements that must be met before they are enforceable; your agreement may not be enforceable for reasons that you don't yet know. However, I am unaware of any case law on the issue your raise. I suspect the matter depends on whether the 'idea' is merely a facet or add-on for their existing business, or if it is a separate business or industry (or even customer line). If the employer cannot be said to be doing business in your industry (or in your vertical within your industry), there is a very good argument that the employer has no legitimate business interest in preventing you from engaging in your business. Essentially, if your employer is not actively doing business in the area, can it really be said that you are 'competing?'

The bigger issue may be trade secrets, however. If the idea you are using can be considered a trade secret, then the employer may have the ability to ask a court to stop you from using the idea, OR from engaging in your business at all if you cannot do so without 'inevitably disclosing' the trade secret.

These are fact-based analyses; I would need to know much more before I could determine what risks you face.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted Jun 21, 2010 06:00 AM [EST]

Answer to Do I have any recourse to stop my potential termination?

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 or Federal law apply, unless otherwise specified.

That being said, absent an employment contract that guarantees your employment for a period of time, you can be fired, demoted or disciplined for completely subjective and unfair reasons in Pennsylvania. Similarly, you can quit without notice or good reason.

This does not mean you are entirely without recourse, however. If you are being treated differently because of your age, race, gender, religion, any disability, etc., you may have recourse. Furthermore, you need to be aware of how to approach this problem in order to put yourself in the best position to receive unemployment benefits if you are terminated.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted Jun 1, 2010 07:13 AM [EST]

Answer to Does my employer have to save my job?

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 or Federal law apply, unless otherwise specified.

That being said, Harold is exactly correct. In my experience, 'short term disability insurance' provided by employers tends to be illusory - employees on disability tend to be terminated and their benefits terminated as well.

If, however, you are being treated differently than other employees with a disability because your disability is a mental health issue, or if you are being treated differently than other employees in the terms and conditions of your leave because of your gender, race, religion, age 40+, etc., you may have a discrimination claim.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted May 26, 2010 1:07 PM [EST]