Answers Posted By Christopher Ezold

Answer to Wrongfull Termination

If your employer is subject to the FMLA, you may have a 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, if your employer is subject to the FMLA, you may have a claim. Employers with 50 or more employees may have an obligation to provide unpaid family medical leave. You need to meet certain eligibility criterion, chief among which is having worked 1250 hours in the previous 12 months.

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 Dec 6, 2008 11:04 AM [EST]

Answer to Scope of geographic limits in non-compete

You may not be bound by a 'surprise' noncompetition agreement.

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 may not be bound by a 'surprise' noncompetition agreement. There is precedent in Pennsylvania that invalidates a noncompetition agreement presented as a surprise on your first day, if you reached a meeting of the minds on the terms of your employment prior to the first day. You situation may be covered by this precedent. Furthermore, breaches by your employer of their obligations may also render the agreement unenforceable. Finally, the employer's claim that it reaches all areas of its operations will generally be enforceable (under PA law) to the extent of your involvement in those areas. This does not include consideration of your potential 'inevitable use' of the employer's trade secrets however. In short, you may not be bound, but a conclusion on your matter is tied to a complicated fact-specific analysis.

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 25, 2008 1:39 PM [EST]

Answer to no commission detail provided by employer

You have a right to know how your commissions are calculated.

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 have a right to know how your commissions are calculated. If you have not been paid wages due, including commission amounts due, you may have a claim under the Wage Payment and Collection Law, which would allow you to collect your back wages, a 25% penalty, and your attorneys' fees. You should immediately request an accounting of your wages/commissions for at least the past year, in order to determine whether you've been paid correctly.

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 3, 2008 10:49 AM [EST]

Answer to wage payment

You may be able to collect unemployment due to a unilateral drop in wages.

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 may be able to collect unemployment due to a unilateral drop in wages. There is no 'magic number' or percentage, but 35% should be sufficient to qualify for unemployment if you must quit due to the drop in wages. A change in worksites may not be enough in and of itself.

Your employer MAY NOT, however, 'retroactively' reduce your wages. You are due the wages you've earned, period.

Your employer may change your worksite, compensation going forward and job responsibilities, but in the circumstances you outline, it is likely that, following a proper set of actions on your part, you can quit the job and receive unemployment compensation.

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 30, 2008 08:21 AM [EST]

Answer to Payout of accrued vacation (PTO) time

If you were constructively terminated, you may have a claim for your PTO.

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 were constructively terminated, you may have a claim for your PTO. Generally, if the employer's policy is to require notice for payment of PTO time, that will be the rule. However, if the policy does not address what happens when the company terminates you, and you are constructively discharged (i.e. terminated in reality but not in name, such as when your contract with a client is up and you have no work from your employer), then you may have a claim for the PTO time.

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, 2008 10:27 AM [EST]

Answer to Discrimination

Quitting is generally the worst thing you can do, except in emergencies.

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, quitting is generally the worst thing you can do, except in emergencies. Unemployment becomes very difficult to obtain, and your claims of discrimination also become more difficult to prove legally.

You should ensure that your complaint is in writing, and references the prior complaint specifically (date, nature of complaint, person complained to, etc.). Mere bad management, or decisions that do not mesh with strategic needs, is not discrimination. Differential treatment; i.e. treating you differently than white employees, is discrimination. You should gather evidence (although not any documents or information that you are not allowed to possess) to support any incidents of differential treatment. You should also contact an attorney as soon as possible to discuss the matter.

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 22, 2008 08:48 AM [EST]

Answer to Non-Compete for Software developers.

The noncompete may bar you from working for the employer's client, unless the client left first.

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 noncompete may bar you from working for the employer's client, unless the client left first. Noncompetition agreements require that the employer have a 'legitimate business reason' to enforce them. If the client no longer wishes to do business with your employer for reasons entirely unrelated to you, then there may be no 'legitimate business reason' to prevent you from working there. This argument may be an issue of first impression in many jurisdictions, but has precedential support. If, however, you cause the client to leave, or if there are other 'legitimate business reasons,' such as your possession of trade secrets or receipt of special training from the employer, then you may be barred.

The upshot is, the situation is very fact-dependent.

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 25, 2008 10:37 AM [EST]

Answer to applied and accepted a position and they gave me a lower position

"At-will" frequently means that employers can change their minds, but NOT retroactively.

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, in PA, you unless you have a contract, you are an "at-will" employee. "At-will" frequently means that employers can change their minds whenever they like. However, they cannot do so retroactively; that is, they cannot promise to pay you $100 this week, then pay you only $50 - they have to tell you in advance that they are changing your pay. If you don't like it, you can leave. A simple, but sometimes brutal, relationship.

In this instance, you were promised a position that you did not get; as long as they paid you as they promised, it is unlikely that you will have a legal claim for the position or title. Further, you don't have a right to the promotion or posting that exists now, you have to compete for it with everyone else. If your employer is paying as promised, but not promoting you as you wish, you may want to seek work elsewhere, with a more reputable or reliable employer.

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 21, 2008 08:12 AM [EST]

Answer to defamation/wrongful termination

You will need a copy of the email to prove 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 or Federal law apply, unless otherwise specified.

That being said, you will need a copy of the email to prove defamation. Generally, in Pennsylvania you are employed 'at will' - that is, you can be fired at any time for any reason or no reason. If an email was circulated accusing you of losing sensitive documents, you might have a claim for defamation; to file a complaint, however, you would need to know the exact wording of the email. If the email knowingly or recklessly stated that you engaged in conduct, and impugned your business reputation, and you can prove that others read the email and believed it, then you may have a claim for defamation.

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 19, 2008 10:20 AM [EST]

Answer to does non-compete apply if I end contract before 1st day of work?

It is unlikely that a noncompetition agreement can be enforced if you do not begin employment.

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 unlikely that a noncompetition agreement can be enforced if you do not begin employment. Noncompetition agreements require a legitimate business reason to be legally enforceable; such reasons are training that the employer provided, trade secrets the employer revealed, relationships you maintained for the employer, etc. In a case where you do not begin work for the employer, none of these legitimate business reasons can be proven. I would need to review the contract and discuss the facts of the matter with you, but I do not believe it likely that the noncompetition agreement is enforceable.

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


posted Aug 13, 2008 1:45 PM [EST]