Answers Posted By Christopher Ezold

Answer to issue with non compete agreement

You may not be bound by the new 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 the new noncompetition agreement. Unless you received some form of compensation for the new agreement, it is unlikely to be enforceable. Noncompetition agreements frequently have other flaws in them as well; even if you received compensation, you may still not be bound in this instance; I would have to know the specific facts of your job and the new position that has been offered to you to have an opinion in that instance.

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 Apr 24, 2008 8:14 PM [EST]

Answer to Forcing a non-compete

You must be paid for a noncompete that you sign after you 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, generally, you must be paid for a noncompete that you sign after you begin employment. If the noncompetition agreement you are being given now, four years after you began working for your employer, contains new terms and conditions, and you are not paid for it (in cash, a promotion, valuable perks, etc.), then the employer is unlikely to be able to enforce it.

Can they fire you for not signing an unenforceable agreement? It is likely that you would have no claim against them if they did, but you are likely to be able to get unemployment compensation once they fire 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


posted Apr 24, 2008 3:00 PM [EST]

Answer to what do you think

Generally, an employer may not raid your 401(k).

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, an employer may not raid your 401(k). There are a great number of facts that are not in your question that I'd need to know; however, it appears as if your employer has engaged in behavior prohibited by the law. This behavior may create claims against the employer for the amounts lost, as well as potential penalties of $100/day, payable 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


posted Apr 17, 2008 12:46 PM [EST]

Answer to General Procedure Question

If a case is thrown out of court because the attorney did not appear, it might be reopened.

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 a case is thrown out of court because the attorney did not appear, it might be reopened. It is a little difficult to predict at this point, as I don't know exactly which documents were not filed, nor why. However, it may be possible for the employee to reopen the case; this may happen if the attorney failed to file necessary documents and the employee was not at fault. It is more likely, however, that the case will remain closed. In that instance, it is likely that the employee cannot refile as many statutes of limitations would have run by this point. Without knowing the claims and dates, I cannot tell for sure. If the employee cannot reopen or refile, the employee may have a claim against the attorney for malpractice.

I have handled Dragonetti claims before, and they are difficult claims to make. I would be happy to discuss your claim with you, however; 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 Apr 15, 2008 10:22 AM [EST]

Answer to Not notified of policies now stuck in the middle

You may be entitled to a $100 per day penalty payment, plus other remedies.

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 entitled to a $100 per day penalty payment, plus other remedies. Failure to provide you with required COBRA notices in a timely fashion exposes the employer to a $100 per day penalty payment, payable to the employee (it also exposes the employer to potentially significant tax consequences and penalties payable to the government). Furthermore, if you lose coverage, you may be able to pursue equitable remedies against the employer (if they are responsible).

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 Apr 5, 2008 10:28 AM [EST]

Answer to hiring commision only salesman

Hiring independent contractors requires consideration of tax, liability and benefits issues.

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 wide array of issues you need to be aware of when hiring independent contractors; such as (1) whether the IRS will consider them contractors or employees, (2) what your benefits plans define as 'employees' and whether they cover contractors, (3) whether they would be considered 'contractors' for the purposes of unemployment, workers' compensation and state taxes, (4) whether you need noncompetition agreements (which are harder to enforce against contractors in certain circumstances), (5) whether and to what extent they travel for work (which implicates other insurance and liability issues) and (6) whether hiring 'independent contractors' will actually result in higher end costs to you. An error in classification could expose your business, and you personally, to compensatory damages, punitive damages and attorneys' fees liability.

There are a number of factual issues surrounding your question that are related to the industry you are in, the business you conduct and the work each specific sales 'contractor' is providing. Without that information, no attorney could answer your questions competently.

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 Apr 4, 2008 1:48 PM [EST]

Answer to hiring commision only salesman

Hiring independent contractors requires consideration of tax, liability and benefits issues.

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 wide array of issues you need to be aware of when hiring independent contractors; such as (1) whether the IRS will consider them contractors or employees, (2) what your benefits plans define as 'employees' and whether they cover contractors, (3) whether they would be considered 'contractors' for the purposes of unemployment, workers' compensation and state taxes, (4) whether you need noncompetition agreements (which are harder to enforce against contractors in certain circumstances), (5) whether and to what extent they travel for work (which implicates other insurance and liability issues) and (6) whether hiring 'independent contractors' will actually result in higher end costs to you. An error in classification could expose your business, and you personally, to compensatory damages, punitive damages and attorneys' fees liability.

There are a number of factual issues surrounding your question that are related to the industry you are in, the business you conduct and the work each specific sales 'contractor' is providing. Without that information, no attorney could answer your questions competently.

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 Apr 4, 2008 1:13 PM [EST]

Answer to hiring commision only salesman

Hiring independent contractors requires consideration of tax, liability and benefits issues.

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 wide array of issues you need to be aware of when hiring independent contractors; such as (1) whether the IRS will consider them contractors or employees, (2) what your benefits plans define as 'employees' and whether they cover contractors, (3) whether they would be considered 'contractors' for the purposes of unemployment, workers' compensation and state taxes, (4) whether you need noncompetition agreements (which are harder to enforce against contractors in certain circumstances), (5) whether and to what extent they travel for work (which implicates other insurance and liability issues) and (6) whether hiring 'independent contractors' will actually result in higher end costs to you. An error in classification could expose your business, and you personally, to compensatory damages, punitive damages and attorneys' fees liability.

There are a number of factual issues surrounding your question that are related to the industry you are in, the business you conduct and the work each specific sales 'contractor' is providing. Without that information, no attorney could answer your questions competently.

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 Apr 4, 2008 11:00 AM [EST]

Answer to Discretionary Bonus Program - Can a company refuse to pay if the goals are met?

An employer may not refuse to pay you wages or bonuses that you have earned.

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, an employer may not refuse to pay you wages or bonuses that you have earned. Whether you have earned the bonus and whether the employer may determine the amount of the bonus in its discretion are likely the main issues. If it is a true 'discretionary bonus plan' then having met your goals may only make you eligible for a discretionary bonus; that is, for a bonus that can be at any amount the employer wishes, including zero.

If you have earned a bonus AND it is for a determinable amount that the employer may not change in its discretion, then you may have a claim for nonpayment of wages; under the Pennsylvania Wage Payment and Collection Law, you would have a right to your wages/bonus, 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


posted Mar 27, 2008 1:46 PM [EST]

Answer to Not receiving pay for work performed

If you have not been paid wages due, you can bring a claim in District Court (small claims court).

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 not been paid wages due, you can bring a claim in District Court (small claims court). You can bring claims of up to $8000 before the District Court. The cost is generally minimal, $75 or more, and you do not have to be represented by an attorney. Contact the District Court in your area for information on how to file and serve the employer.

When you bring your claim, make sure to add a demand for the 25% penalty for unpaid wages under the Wage Payment and Collection 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 Mar 19, 2008 1:08 PM [EST]