Answers Posted By Christopher Ezold

Answer to Parent corporation non compete agreement

You should be able to compete with your employer's parent company/divisions.

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 be able to compete with your employer's parent company and its other divisions. This is because, to be enforceable, your employer must have a legitimate business reason for preventing competition. First issue is that the parent company, and its divisions, are not your employer. The second issue is that you have no involvement with the business of the parent company and its divisions, and therefore, there could be no legitimate business reason to prevent competition (mere competition itself is NOT a legitimate business reason).

Therefore, the agreement is likely to be unenforceable against you in your new employment. However, I must stress again that I don't know all the facts in your situation, nor have I read the documents. You should have them reviewed by an attorney.

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 Sep 11, 2007 3:15 PM [EST]

Answer to I was a Nanny for a Family and they stopped payment on check!

An employer generally may not withhold wages from an employee.

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 generally may not withhold wages from an employee under the Pennsylvania Wage Payment and Collection Law ("WPCL"). You appear to have been an employee, and are covered by the law. Therefore, even if she had a claim against you, she would have to file a separate claim instead of withholding wages. Her actions will likely cause her to owe you the wages not paid, as well as a 25% penalty under the WPCL, and your bank fees. You should pursue the claim in District Court, and expect that the court date might get moved one more time if she asks for a continuance.

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 Sep 7, 2007 04:51 AM [EST]

Answer to Is this Harassment?

One comment, alone, is generally unlikely to be illegal harassment.

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, one comment, alone, is generally unlikely to be illegal harassment. The comment appears to have racial and gender overtones to it, and is clearly considered offensive by the subject of the comment. However, the courts have held that one comment is generally not enough to constitute harassment. Harassment has to be severe and pervasive enough to change the 'terms and conditions' of the victim's employment. One comment can almost never reach that level. Therefore, the comment, if you uttered it, is unlikely to be considered illegal harassment.

A more pressing question for you, however, is not whether the comment would be harassment based on race or gender discrimination, but whether it violated the employer's policies regarding conduct in the workplace. As most employees are at-will in Pennsylvania, the employer may fire you on the spot for the comment, regardless of whether there is a policy against such comments.

You need to speak to the coworker to whom you allegedly made the comment - if that person recalls you making the comment, you should apologize for your behavior to the employer and the subject of the comment. Failure to take responsibility is a likely path to termination.

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 22, 2007 12:50 PM [EST]

Answer to possible wronful termination

Termination in violation of company policy generally does not give rise to 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, termination in violation of company policy generally does not give rise to a claim.

However, if other employees are not fired for the reason you were fired, and they are not in a protected class and you are (i.e. race, religion, gender, etc.), then you may have a claim for differential treatment. For instance, if men don't get punished or terminated because they don't follow the call-off policy, but women do, then you may have a claim. The claim is not based on the policy, but on the employer's differential treatment of men vs. women.

In any event, you may be able to successfully pursue unemployment compensation, if you followed the call-off policy. I would have to review the company's call-off policy to determine whether you complied or the termination was in violation of the policy. If you did, then you should be able to receive unemployment.

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 15, 2007 2:31 PM [EST]

Answer to Claiming racial discrimination reality bad perfomance

Supervisors accused of discrimination have some limited 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, supervisors accused of discrimination have some limited rights. If you are being falsely accused, you may have a claim for defamation against the employee. Such claims are very difficult to prove, however, as they are generally very 'he said, she said' material. However, if the employee is knowingly fabricating her claims, you may have a viable claim.

If your employer fires you without an investigation, you may have a discrimination claim of your own, in that you were treated differently than your accuser in that her accusations are given credibility while your denials are not, OR by not being given a chance to respond to the allegations while she gets the opportunity to use the employer's complaint process.

All in all, supervisors have little recourse; the best course is to methodically document the issues, follow the company's policy with regard to supervision, discipline and treatment of others, and treat everyone with respect, even if they are not good employees.

At this time, you likely do not need an attorney. If you suspect that you will be railroaded by your employer, or if they indicate they will not do an investigation but discipline you anyway, then you should contact an attorney.

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 3, 2007 10:43 AM [EST]

Answer to Non-Compete Opposite of Usual

Compensation for a non-compete is permissible, even required, if you are already employed.

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, compensation for a non-compete is permissible, even required, if you are already employed. As I understand your question, you want your employer to compensate you for agreeing to a non-competition agreement. If you did not agree to a non-compete prior to or at the time of your employment, and your employer wants you to sign one now, your employer MUST compensate you for the agreement to become effective.
Compensation can range from cash to a promotion and extra perks. Whether the amount of compensation is sufficient may depend on the nature of your industry, the value of your non-competition, etc. The Pennsylvania Courts seem to be divided currently on what is sufficient 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


posted Jul 30, 2007 2:26 PM [EST]

Answer to Asked to resign when I give birth

You may not be eligible for FMLA leave, but you may have a pregnancy discrimination 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, you may not be eligible for FMLA leave, but you may have a pregnancy discrimination claim. The FMLA requires that you be an employee for a year prior to having any right to take FMLA leave. Although you were classified as a 'contractor,' you may have actually been an 'employee' for the purposes of the FMLA. I would need more information before I could make any determination on that issue.

Even if you do not qualify for FMLA leave, you have been told to resign due to pregnancy. That appears to be blatant pregnancy discrimination, which is illegal.

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 20, 2007 12:56 PM [EST]

Answer to severence pay

It is unlikely that he has a right to 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, it is unlikely that he has a right to severance pay. Severance is not a right, but more of a gift from the employer. Merely because you have a severance policy does not mean that you have to abide by it; policies are not contracts that an employee can enforce against an employer.

His only claim for severance is likely to be that he had a contract that requires him to be paid severance. Since he quit, he likely breached the contract first, and is still not entitled to severance. The finding of the unemployment compensation referee may not have significant weight in the lawsuit, depending on the issues.

Finally, if his claim is based on discrimination (i.e. other employees outside of his protected class received severance, but he did not), the analysis changes dramatically.

Without reviewing the claims, your severance policies and any contract, I cannot be any more specific with my response.

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 13, 2007 09:04 AM [EST]

Answer to Non-Solicitation Employment Question

The term of the covenant may run from the date the client last did business with your employer.

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 term of the covenant may run from the date the client last did business with your employer. I agree with Harold Goldner that it's difficult to analyze without reviewing the entire agreement. However, a client who did business with your employer for a few months ten years ago is likely not bound by the covenant today. That is because the covenant must have a legitimate business purpose; mere concern of solicitation is unlikely to be considered a legitimate business purpose. Concern that the customer will use its relationship with your employer's staff is more likely to be considered a legitimate business purpose. Since the client will have no relationship with staff from ten years ago, there may be no legitimate business purpose for preventing the client from hiring your employer's staff today.

This is all speculative and I would need a better understanding of the facts and be able to read the agreement in whole before giving 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 Jun 8, 2007 1:55 PM [EST]

Answer to Being sued for non-compete between states

You appear to have solid arguments for fighting the noncompetition agreement lawsuit.

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 solid arguments for fighting the noncompetition agreement lawsuit. I am assuming that the noncompetition agreement is governed by Pennsylvania law. Pennsylvania, like many states, requires that the employer have a legitimate business interest in enforcing the noncompete. Arguably, the employer has no legitimate business interest in precluding you from doing a different type of work, for a different type of customer, than you did for your employer. The geographic distance as well as the fact that you have not contacted any former customers is helpful.

Your options are to fight the case or to try to settle the claim. There is no middle ground once the lawsuit has been brought. Merely quitting won't stop the lawsuit; you would still have to fight or settle the claims.

No attorney could give you an opinion on your chances of success without reviewing the complaint, the agreement and the facts of the case with you.

Therefore, you should contact an attorney immediately; you have a limited time in which to answer the complaint and the more time an attorney has to review and respond, the better. The costs should not be significantly different than if you were located in Pennsylvania, except for your travel back and forth in a few instances.

If the employer has no grounds to bring the claim, and is doing so for an improper purpose, you may have a claim for damages and your attorneys' fees. This cannot be determined based on the facts of your question, 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 May 20, 2007 09:03 AM [EST]