Christopher Ezold
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Answers Posted By Christopher Ezold
Answer to I'm not certified but I run shifts but myself I'm not getting manger pay
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, unless you have a contract or collective bargaining agreement stating that manager-level work gets manager-level pay, your employer generally doesn't have to pay you at that level, even if you do the work (unless they agreed to beforehand). If the employer treats you differently than other employees doing this type of work due to your race, gender, age, disability, etc., then you may have a claim of employment discrimination. Without knowing your job and certification issues, I couldn't address that concern. Finally, if you are working on certain government projects, you may have a claim for prevailing wages if you aren't paid for the job you are actually doing.
/Christopher E. Ezold/
posted Jun 15, 2016 07:21 AM [EST]
Answer to Defamation ?
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, there is no evidence in your question that shows your former employer engaged in defamation; it smells bad, but you'd need direct evidence that they lied about you. Further, in PA, employers have a limited privilege to defame former employees in job references; you'd need to show their lies were made with malice. Absent direct evidence, you do not appear to have a legal case worth pursuing, unfortunately. This doesn't mean it isn't happening, or that it is right, merely that you don't have enough evidence to prove what you need to prove in court.
/Christopher E. Ezold/
posted May 26, 2016 08:51 AM [EST]
Answer to Am I entitled to a severance package if I only worked 1 year?
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, unless you have a contract providing for severance, you have no legal right to severance, regardless of how long you work.
/Christopher E. Ezold/
posted Apr 28, 2016 08:39 AM [EST]
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, an employer may not retroactively change how or when you are paid wages that are already earned. If, under the terms of the commission plan, you have already 'earned' the wages, converting them to equity or deferring payment is illegal and a violation of the PA Wage Payment and Collection Law. The violation is not only by the company, but by the individual officers who made the decision not to pay your wages due. Damages are your unpaid wages, a 25% penalty, and your attorneys' fees. You should speak with an employment attorney ASAP, as how you approach commissions due is trickier than hourly wages due. If you want to discuss, you can reach me at my number, below.
/Christopher E. Ezold/
610.660.5585
posted Mar 21, 2016 04:36 AM [EST]
That being said, an employer may not retroactively change how or when you are paid wages that are already earned. If, under the terms of the commission plan, you have already 'earned' the wages, converting them to equity or deferring payment is illegal and a violation of the PA Wage Payment and Collection Law. The violation is not only by the company, but by the individual officers who made the decision not to pay your wages due. Damages are your unpaid wages, a 25% penalty, and your attorneys' fees. You should speak with an employment attorney ASAP, as how you approach commissions due is trickier than hourly wages due. If you want to discuss, you can reach me at my number, below.
/Christopher E. Ezold/
610.660.5585
posted Mar 21, 2016 04:36 AM [EST]
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, unless there is a contract that forbids this practice, the employer may require this of its employees. It may not be fair or good management, but it is not illegal.
/Christopher E. Ezold/
posted Feb 12, 2016 07:32 AM [EST]
That being said, unless there is a contract that forbids this practice, the employer may require this of its employees. It may not be fair or good management, but it is not illegal.
/Christopher E. Ezold/
posted Feb 12, 2016 07:32 AM [EST]
Answer to Opening and stealing employees mail??!!
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 you describe is a violation of the law. You should speak to the offending employee - don't ask if he did what you heard, just say "I understand you have a letter addressed to me from [name]; please give it to me." If he won't, speak to your employer directly (if he does, you may still want to do so).
/Christopher E. Ezold/
posted Feb 11, 2016 11:17 AM [EST]
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, unless you have a contract preventing the demotion or pay change, or are being treated differently than other similarly situated employees due to your race, gender, age, disability, religion, etc., or are being illegally retaliated against for refusing to commit an illegal act, using workers comp/unemployment, demanding wages due or certain whistleblowing, the answer is no, you cannot hold your employer responsible for your current wages. Generally, you are an employee at will, and can be demoted/fired at any time, without notice or reason (unless the above conditions apply).
/Christopher E. Ezold/
posted Feb 5, 2016 11:28 AM [EST]
That being said, unless you have a contract preventing the demotion or pay change, or are being treated differently than other similarly situated employees due to your race, gender, age, disability, religion, etc., or are being illegally retaliated against for refusing to commit an illegal act, using workers comp/unemployment, demanding wages due or certain whistleblowing, the answer is no, you cannot hold your employer responsible for your current wages. Generally, you are an employee at will, and can be demoted/fired at any time, without notice or reason (unless the above conditions apply).
/Christopher E. Ezold/
posted Feb 5, 2016 11:28 AM [EST]
Answer to Company changed their mind about the offer or They are discriminating me
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 may be able to sue if you are being treated differently than other employees/applicants due to your race, gender, age, disability, religion, etc. - but the facts in your question don't support a claim. Merely being the only woman potentially in a male-dominated employer in a male-dominated industry is not enough. However, that situation may very well lead to facts that support your claim. This is something you'd need to discuss in detail with an employment attorney to determine whether or how to move forward with a claim.
/Christopher E. Ezold/
posted Feb 5, 2016 11:06 AM [EST]
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, Delaware, New Jersey or Federal law applies, unless otherwise specified.
That being said, you don't have a legal right to an exit interview or documentation. You do have a legal right not to be treated differently than other employees due to your race, gender, age, disability, religion, etc., and to a reasonable accommodation for disability and religious issues. If you believe you were treated differently than other, similarly situated employees due to your protected characteristics, speak with an attorney ASAP, as you have 300 days to bring a federal claim and only 180 days to bring a state claim on these issues.
/Christopher E. Ezold/
posted Dec 19, 2015 08:40 AM [EST]
That being said, you don't have a legal right to an exit interview or documentation. You do have a legal right not to be treated differently than other employees due to your race, gender, age, disability, religion, etc., and to a reasonable accommodation for disability and religious issues. If you believe you were treated differently than other, similarly situated employees due to your protected characteristics, speak with an attorney ASAP, as you have 300 days to bring a federal claim and only 180 days to bring a state claim on these issues.
/Christopher E. Ezold/
posted Dec 19, 2015 08:40 AM [EST]
Answer to Am I required to give 30 days notice of resignation for an at-will position?
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, Delaware, New Jersey or Federal law applies, unless otherwise specified.That being said, if you are an 'at-will' employee, you have no legal obligation to give notice of any kind. A employer handbook is not a contract. There may be reasons to give notice relating to reputation or your integrity, but nothing enforceable in a court of law.
/Christopher E. Ezold/
posted Oct 27, 2015 12:47 PM [EST]