Answers Posted By Christopher Ezold

Answer to Return of corporate assets: mobile employees

When a company issues a computer to an employee, the computer is the company's property.

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, when a company issues a computer to an employee, the computer is the company's property. There is no form necessary to maintain the company's title to the computer. If, during the term of employment, the company gives the computer to the employee, or the employee buys the computer, the title changes to the employee. If the computer has not been given to, or bought by, the employee, then the employee must return it. Failing to return it is not only wrong, but is theft (criminal) and can be reported to the police. The fact that there are employees in different states has no bearing on this issue, other than to potentially make it expensive to recover the computers or their value.

In all liklihood, a letter to the employee indicating that if the computer is not returned that a report will be filed with the employee's local police department is likely to resolve the matter. Having the necessary forms in place will be helpful in the long run, but is not a necessity. Furthermore, depending on the state, the employer may be able to withhold final wages (up to the value of the used computer) until the computer is returned.

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 4, 2008 09:04 AM [EST]

Answer to We are told because it is the government there is nothing we can do.Is there lawyers who can help us

If you received an accidental overpayment of wages, you may owe the money back.

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 received an accidental overpayment of wages, you may owe the money back. The real question here is whether you received it. If the bank account was closed, I cannot understand how you can be charged with receipt of the money. I would recommend that you follow up with your former back to get details of what happened to the account(s) you and your wife closed, and to determine whether the money was deposited and if so, what happened to it. If there is no such record, you have some evidence to show that you did not receive the money.

Just because your employer was the government does NOT mean there is nothing you can do; the Constitution sees to that. There may be extra difficulties, but unless you received the excess wage payments, you do not appear to me to be liable for repayment.

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 Jul 28, 2008 1:02 PM [EST]

Answer to Child with disability and reduced work schedule

Employers cannot play favorites in accomodating disabilities.

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, employers cannot play favorites in accommodating disabilities. The question here is whether you have a disability issue (your are caring for, or providing care for, disabled family members, not yourself), or whether this is an FMLA issue. The older employee, if being accommodated for his own disability, may not be a fair comparator to you, who is seeking accommodation to assist in the care of your children. However, if the accommodation being offered the older employee is for his care of his wife or third parties, you may have a discrimination issue based on gender.

Furthermore, you may have a claim under the Family Medical Leave Act (FMLA) for your needs in caring for family members.

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 Jul 25, 2008 11:25 AM [EST]

Answer to Severance And Final Wage Payment Dute Date

It appears your employer can pay severance on regularly scheduled paydays.

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 apply, unless otherwise specified.

That being said, it appears your employer can pay severance on regularly scheduled paydays. While the agreement is not a model of clarity, it seems to indicate that you will be paid your regular pay through your termination; the law requires that such pay be made by the date it would regularly be paid (August 8th, for you). Furthermore, the payment of severance seems to be based on payment at a rate that existed on the day you were terminated, but which will be paid on regular paydays.

I'd be happy to review your entire document with you, and discuss your rights. 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 Jul 18, 2008 1:29 PM [EST]

Answer to Leaving employer before contract term

Liquidated damages payable if you quit may not be enforceable.

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, liquidated damages payable if you quit may not be enforceable. The contract sounds onerous, and may be unconscionable; further, if your employer has failed to live up to its end of the bargain, it is likely your can leave without consequence. I believe that most judges would be hesitant, at best, to enforce the agreement. I would need to review the document, however, and get a sense for your position and relationship with your employer to give you a reliable opinion.

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 Jul 8, 2008 09:40 AM [EST]

Answer to Non Compete Agreement- Unrealistic

You may be able to void your noncompete for misrepresentation.

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 void your noncompete for misrepresentation. A noncompetition agreement is a contract; if you were materially mislead about the nature of the employer, you may have grounds to void the contract. This is a very difficult position to take, however, and would entirely depend on the facts of your situation. It is possible, as well, that your employer has violated its obligations to you; if so, you may have a claim of breach of contract that would make the NCDC unenforceable. Finally, it appears from your question that you may not be an employee at all; if so, the NCDC may not be enforceable at all (except for the confidentiality provisions). I would need to review your contract to provide you with specific advice.

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 Jun 30, 2008 08:49 AM [EST]

Answer to Sub-Contractor to Sub-Contrator switch

The language may be enforceable.

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 language may be enforceable. However, there are a number of areas in which a noncompetition agreement can fail; I cannot tell if your agreement is completely enforceable from one paragraph. Furthermore, you indicate that you are a subcontractor. Generally, an noncompetition agreement must be 'ancillary to an employment contract' - while they have been enforced against subcontractors who were once employees, I am aware of no case law in which they have been enforced against pure subcontractors. We would have to discuss your situation before I can determine whether this issue would be a flaw in the agreement.

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 Jun 17, 2008 3:59 PM [EST]

Answer to Splitting hairs on the word

You may have a claim for denial of benefits.

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 have a claim for denial of benefits. An employer can create definitions in its benefits plans that seem to defy common sense (such as stating that an 'employee' is not all employees but only those employees the employer cares to designate as an 'employee'). If the policy states that the job title controls whether you are being offered a similar job, then you may have no claim. But, in the likely case that there is no such statement, you may have a claim for denial of benefits under ERISA, and/or breach of contract or failure to pay wages and benefits due under state law.

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 Jun 16, 2008 10:21 AM [EST]

Answer to non compete questions

A reasonable time for a noncompete can vary, but 1-2 years is generally reasonable.

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, a reasonable time for a noncompete can vary, but 1-2 years is generally reasonable. A noncompete can be nationwide, but only if your employer already sells nationwide. There is no law as to whether the employer has to provide you with a copy; however, it would be difficult for it to claim damages and at the same time withhold the agreement.

However, if you have been separated from employment, the noncompete may no longer be valid; furthermore, depending on when you were given the noncompete and whether you were paid for the promises you made it in, the noncompete may not be enforceable at all.

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 May 20, 2008 12:11 PM [EST]

Answer to did not know of non-compete until first day of work

A surprise noncompete on your first day and cutting your pay is grounds to invalidate the 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, asurprise noncompete on your first day and cutting your pay is grounds to invalidate the agreement. There is solid caselaw that states if you came to an agreement as to your work terms prior to your first day, and you are surprised with the noncompete on your first day, that the noncompetition agreement is invalid for failure of consideration. Furthermore, a 1/2 cut in pay is so drastic as to open the door to the argument that you were constructively discharged (in effect fired), which would also likely invalidate the noncompetition agreement.

There are many other facts that need to be considered; however, you appear to have good grounds to defend against the noncompetition agreement. It would be better to have the issue negotiated out before being sued, however, in order to control costs.

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 May 8, 2008 08:16 AM [EST]