Answers Posted By Christopher Ezold

Answer to Breach of Contract?

The employee handbook is likely NOT a contract; the employer likely owes you earned vacation 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, the employee handbook is likely NOT a contract; however, the employer likely owes you earned vacation pay.

Generally, employee handbooks are NOT contracts; they generally acknowledge this fact in their introductory statements. Even though it's not a contract, the employer does owe you for vacation pay that was earned; you can generally rely on the handbook for when such pay is 'earned.' If you earned such pay, and it's due and payable upon your last paycheck, then the employer may not withhold such amounts.

Furthermore, the right of the employer to protect trade secrets do NOT arise from the handbook or any other contract with you, but from Pennsylvania's Uniform Trade Secrets Act. The Act provides that the employer can sue for an injunction and damages for a theft or disclosure of its trade secrets.

Since you have not taken or disclosed trade secrets, and you appear to have earned your vacation pay, the employer appears to owe you such pay. Under the Wage Payment and Collection Law, if you have to go to court, you can demand your vacation pay, a 25% penalty, and your attorneys' fees for pursuing the unpaid wages.

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 Dec 19, 2007 12:01 PM [EST]

Answer to Breach of Contract?

The employee handbook is likely NOT a contract; the employer likely owes you earned vacation 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, the employee handbook is likely NOT a contract; however, the employer likely owes you earned vacation pay.

Generally, employee handbooks are NOT contracts; they generally acknowledge this fact in their introductory statements. Even though it's not a contract, the employer does owe you for vacation pay that was earned; you can generally rely on the handbook for when such pay is 'earned.' If you earned such pay, and it's due and payable upon your last paycheck, then the employer may not withhold such amounts.

Furthermore, the right of the employer to protect trade secrets do NOT arise from the handbook or any other contract with you, but from Pennsylvania's Uniform Trade Secrets Act. The Act provides that the employer can sue for an injunction and damages for a theft or disclosure of its trade secrets.

Since you have not taken or disclosed trade secrets, and you appear to have earned your vacation pay, the employer appears to owe you such pay. Under the Wage Payment and Collection Law, if you have to go to court, you can demand your vacation pay, a 25% penalty, and your attorneys' fees for pursuing the unpaid wages.

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 Dec 19, 2007 10:51 AM [EST]

Answer to Base rate or time and a half?

Whether you have a right to overtime pay depends on whether you are covered or exempt under the FLSA

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, whether you have a right to overtime pay depends on whether you are covered or exempt under the FLSA.

If your employer makes over $500,000 per year, gross, you are likely covered. The next question is whether you are 'exempt' or 'non-exempt.' These issues are highly fact-dependent, and vary by your job. As you design some software, you may fall under an exception for programmers, but I don't know enough facts to make a determination.

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 Dec 18, 2007 3:32 PM [EST]

Answer to no non-compete

If you haven't signed a noncompete and haven't taken trade secrets, you can work where you like.

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 haven't signed a noncompete and haven't taken trade secrets, you can work where you like. It is very difficult to create a noncompetition obligation out of a claim that you stole trade secrets; from your situation it appears likely that the only trade secrets that exist are customer lists. Customer lists are on the very periphery of trade secrets law; it is difficult to claim that they are trade secrets.

The above response might change depending on the trade secrets claimed and the specific facts of your employment and whether or not you have a claim for wages (vacation pay, etc.).

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 Dec 12, 2007 12:02 PM [EST]

Answer to Merger/Buyout/Spin-Off: Is a non-compete transferable? Assignable?

Noncompetition agreements can be assignable, but only in certain circumstances.

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 can be assignable, but only in certain circumstances. There must be, at a minimum, a valid assignment clause in the agreement. Even if assignable, they may no longer be 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 Nov 20, 2007 6:35 PM [EST]

Answer to payment

You should bring small wage claims in District 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, you should bring small wage claims (under $8,000 , unless you are in Philadelphia, in which case the limit is $10,000) in District Court - 'small claims court' to most people. The District Court process is inexpensive and quick, and you don't need a lawyer (although you may want one).

You should bring claims for breach of contract and a violation of the Pennsylvania Wage Payment and Collection Law. If you are owed wages, you should be able to collect your wages, plus a penalty of 25% and your attorneys' fees, if any.

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 Nov 19, 2007 08:24 AM [EST]

Answer to Non-payment of severance and....

The employer may owe you a 25% penalty on unpaid wages, vacation, etc., plus attorneys' fees.

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 employer may owe you a 25% penalty on unpaid wages, vacation, etc., plus attorneys' fees. The Wage Payment and Collection Law provides that if wages are unpaid thirty days after they are due, then the employer owes you the wages PLUS a 25% penalty, as well as any reasonable attorneys' fees.

I cannot tell from your question if you received your last pay or not, but there is no legal mechanism for forcing the employer to provide you with a pay stub; as long as you have received your wages, the law is satisfied.

You may be owed accrued vacation pay as wages; failure to pay them upon your termination may expose the employer to the 25% penalty on those amounts, as well. Whether you are owed the accrued vacation pay depends on several issues, including company policy.

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 Oct 16, 2007 08:25 AM [EST]

Answer to Do Pay Rate Issues Invalidate Non-Compete Agreements?

Nonpayment of wages will likely void your noncompete 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, nonpayment of wages will likely void your noncompete agreement. The noncompete agreement is a contract; you give your promise not to compete, and in exchange your employer gives you employment. If your employer fails to live up to its end of the bargain; i.e. payment of wages for employment; then it is likely that your noncompete is not valid.

The above response depends on how the contract was drafted, the specific facts of your employment and whether or not you have a claim for wages. I do not have the documents to review, so I can only give you the general answer above.

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 Oct 12, 2007 08:25 AM [EST]

Answer to how to break non compete, that is very restricting

You may not be bound by the limits on working for institutions, but may be bound by the mile limit.

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 limits on working for institutions, but may be bound by the mile limit. The reason is that a noncompetition agreement is enforceable in Pennsylvania only to the extent that it protects a legitmate business interest of the employer. If the employer is closing your location down, there is arguably no legitimate business interest in preventing you from competing in that area (in other words, if the employer isn't working in your town, why shouldn't you?).

Unfortunately, this is a very general answer; I would need to review your contract and discuss your job and industry with you to provide you with a reliable opinion. In addition, I may be able to identify a practical solution to your issue as well as a legal solution.

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 Oct 3, 2007 6:15 PM [EST]

Answer to Documentation of job perfomance

After your employment is terminated, you have no right to your personnel information.

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, after your employment is terminated, you have no right to your personnel information. In Pennsylvania, a current employee has a right to review their personnel file (or any file that contains normal personnel information). Once you have quit or been terminated, that right evaporates. Therefore, you have no right to compel your employer to provide any information about 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 Oct 3, 2007 12:43 PM [EST]