Christopher Ezold
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Answers Posted By Christopher Ezold
Answer to Temporary job - can it affect my possible severance 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 or Federal law apply, unless otherwise specified.That being said, employees do not have an independent right to severance, so there are no legal requirements for severance. Instead, severance is either a 'gift' from the employer, or a matter of contract between you and the employer. If it is at the employer's discretion (i.e. a gift), then the employer could take the part-time job into account when determining whether or how much severance to pay you. If severance is a matter of an employment contract/union contract, then the terms of the contract would determine whether the part-time job would affect your severance. Generally, unless the contract specifically eliminates or reduces severance for terminated employees who get new jobs, the severance is likely still payable.
The temporary job will affect your unemployment rights, however. Failure to take a job may reduce your right to unemployment; taking the job may reduce or eliminate your right to the full amount of your unemployment compensation.
In general, especially in this economy, it is not wise to refuse to take a job if it would otherwise suit you.
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 Oct 8, 2009 06:32 AM [EST]
Answer to i was injured on the job last may
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 appear to have a claim for worker's compensation; you should see a workers' comp attorney ASAP; also, ensure you have reported the injury to your employer. If you can't do the job due to a disability, you should ask for a reasonable accommodation; there may not be one, however, for your position. Finally, speak with your worker's comp attorney about whether social security disability might be available to you.
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 Oct 7, 2009 5:36 PM [EST]
Answer to can they make me go back to the job i had
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, there are a number of facts missing from your question, including who "they" is (i.e. employer, adjuster, Worker's Comp Board, etc.) whether you have a union contract, disability coverage, history of the matter, etc., that would impact any response. As a general rule, if you are medically unable to work, you cannot be required to work or lose benefits.
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 Sep 23, 2009 1:29 PM [EST]
Answer to Exempt Salary Manager that worked 21 paid days, yet employer only paid for 18 and refuses to pay out
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, this does not appear to be a 'comp time' issue. It seems to be a straightforward matter of whether you get paid for the days you worked. On the facts as you set them forth, I do not know whether your regular salary would cover the days worked, or whether you would be entitled to pay for those days (i.e. Situation 1: if you get $500/week, and you have a scheduled day off, but work that day anyway, your pay does not increase, you just get the day to use later vs. Situation 2: you have a week off for which you would not get paid, but work that week anyway, in which case you should be paid). There may also be an overtime issue here, although you indicate you are exempt.
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 Sep 3, 2009 06:52 AM [EST]
Answer to I was approved for FML in May for my pregnancy (due in DEC)
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, FMLA leave is 12 weeks of unpaid leave from which you have a right to return to the same or a substantially similar job. If you took leave in May, your leave would be up this month. Your employer does not have to take you back from leave if you are out beyond the 12 week period. The employer may be asking for information for short-term or long-term disability leave (if it is provided). Without seeing the request and knowing more, I can only say that staying out over 12 weeks will likely lose you your job.
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 Aug 26, 2009 2:10 PM [EST]
Answer to can my employer force me to interview for new company?
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, employees do not have a right to severance, unless they have a contract with the employer that requires severance. Otherwise, severance is essentially a 'gift' from the employer, and is at the employer's discretion. Therefore, unless you have a contract that gives you a severance right, the employer can condition severance on whether you interview for the new agency.
If, however, the employer requires only women, or employees over 40, or disabled employees, etc., to jump through that hoop to get severance, but not other employees, then you may have a discrimination claim.
You may have a problem collecting unemployment compensation if you do not apply for an open job with the new employer - you may be considered to have refused suitable work otherwise.
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 Aug 20, 2009 06:34 AM [EST]
Answer to Aren't employers required to provide ages and positions of employees left behind?
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 Older Worker's Benefit Protection Act ("OWBPA"), a federal law, requires that in certain layoff situations, IF the employer wants the employee to release age discrimination claims, the employer MUST provide certain statistical information to the laid off employees (i.e. age of laid off employees, positions eliminated, etc.). The OWBPA does not require such information to be provided; it only states that waivers of claims will only be effective if such information is provided.
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 Aug 11, 2009 12:24 PM [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 or Federal law apply, unless otherwise specified.
That being said, noncompetition agreements are generally not transferable from one employer to another UNLESS there is a valid assignment clause. Even if there is such a clause, the facts of the change in ownership/business structure may be sufficient to render the noncompetition agreement invalid.
There are too many facts missing from this question for me to provide a better response; you can repost with more information about your position, responsibilities, the nature of the change in the business, etc., or, 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 Aug 7, 2009 07:38 AM [EST]
That being said, noncompetition agreements are generally not transferable from one employer to another UNLESS there is a valid assignment clause. Even if there is such a clause, the facts of the change in ownership/business structure may be sufficient to render the noncompetition agreement invalid.
There are too many facts missing from this question for me to provide a better response; you can repost with more information about your position, responsibilities, the nature of the change in the business, etc., or, 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 Aug 7, 2009 07:38 AM [EST]
Answer to How enforceable is this non-compete in PA?
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, Attorney Goldner is correct that 'reasonableness' is a fungible standard that varies from case to case. As a general rule, however, you cannot be restricted from working in geographic areas in which your employer does not currently do business (if you are engaged in preparing your employer's entry into that new area, the result might be different). Furthermore, PA courts will 'blue line,' or edit, noncompete agreements that are overly broad. Some courts have held that certain agreements are SO overly broad that they cannot be edited, and are entirely invalid. That may be the case in this situation.
The fact that you will be paid 3 to 6 months of compensation for the noncompete is in your employer's favor. Such amounts are likely to be found sufficient compensation, even they don't extend to the full time you are restricted.
It does not sound as if this agreement is one you should sign. However, these situations are always very fact-specific, and would need a thorough review by an attorney to determine the best course of action for you.
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 Aug 7, 2009 07:35 AM [EST]
Answer to HOURS REDUCED DUE TO LACK OF SUPERVISION
Generally, quitting a job can lead to a loss of your legal rights.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, generally, quitting a job can lead to a loss of your legal rights. In your case, the facts are too complicated to make a prediction of any kind, without knowing more. If the center reopens, will it be the same legal entity, or part of the hospital? What will your position and pay be? What will your responsibilities be? Significant changes in pay, position or responsibilities may allow you to refuse to work at the new location without losing your unemployment compensation insurance.
You should have applied for unemployment during the prior weeks in which you were working only part time due to no physician coverage. Generally, if you apply after the fact, you cannot get retroactive unemployment comp.
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 8, 2009 12:58 PM [EST]