Christopher Ezold
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Answers Posted By Christopher Ezold
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, Delaware, New Jersey or Federal law applies, unless otherwise specified.
That being said, attorney Dabrowski gave you excellent advice. The noncompete is not binding if it is in a policy handbook, without more. This does not mean you won't get sued, especially if the employer doesn't think you have the will or resources to defend yourself. Before doing anything that could lead to a conflict with the employer, have an employment attorney review your matter with you in detail.
/Christopher E. Ezold/
posted Sep 21, 2015 10:24 AM [EST]
That being said, attorney Dabrowski gave you excellent advice. The noncompete is not binding if it is in a policy handbook, without more. This does not mean you won't get sued, especially if the employer doesn't think you have the will or resources to defend yourself. Before doing anything that could lead to a conflict with the employer, have an employment attorney review your matter with you in detail.
/Christopher E. Ezold/
posted Sep 21, 2015 10:24 AM [EST]
Answer to Can my part-time employer restrict me from also working for another employer PRN because they may wa
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, Delaware, New Jersey or Federal law applies, unless otherwise specified.That being said, unless you have a noncompete, you can work for whomever you want. The employer can terminate your PT employment if they don't like you working elsewhere - but I would suggest that working for an employer that wants to limit you for their benefit is unlikely to work out long-term, so I'd start looking for new PT employment.
/Christopher E. Ezold/
posted Sep 21, 2015 10:20 AM [EST]
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, Delaware, New Jersey or Federal law applies, unless otherwise specified.
That being said, it is legal in PA to not pay out PTO time at termination if at the time you 'earned' the PTO time, it was the policy of the employer to not pay it out on termination.
/Christopher E. Ezold/
posted Jun 16, 2015 3:56 PM [EST]
That being said, it is legal in PA to not pay out PTO time at termination if at the time you 'earned' the PTO time, it was the policy of the employer to not pay it out on termination.
/Christopher E. Ezold/
posted Jun 16, 2015 3:56 PM [EST]
Answer to Wrongful termination ERISA for affecting Pension 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, Delaware, New Jersey or Federal law apply, unless otherwise specified.That being said, as PA is an 'at-will' state, you can be fired for any reason or no reason, without notice. Your concern seems to be that you have lost pension and other job benefits by taking the job from which you were fired. These are unlikely to be recoverable in a lawsuit. Without knowing the details, no attorney could opine on whether your attorney did a good job - but from the overview, it does not appear that the biggest damages you've suffered (loss of previous job benefits) are legally recoverable.
/Christopher E. Ezold/
posted May 11, 2015 06:46 AM [EST]
Answer to My employer wants to discipline me for providing them with a sexual in nature email
I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. 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, Delaware, New Jersey or Federal law applies.That being said, this sounds like retaliation for your complaining of illegal discrimination/harassment. If you don't have an attorney, get one ASAP, as you have a short time to bring any claim.
/Christopher E. Ezold/
posted Apr 24, 2015 12:34 PM [EST]
Answer to How long do I have to sign severance agreement by law in Pennsylvania
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, Delaware, New Jersey or Federal law applies, unless otherwise specified.That being said, it depends on whether you are waiving an age discrimination claim or not. If not, then you have the time set forth in the agreement. If yes, then you should have at least 21 days to consider and 7 to revoke your signature. In practice, it is rare for an employer to withdraw an offered agreement because you sign a few days, or even a couple weeks, late - but only if you keep in contact with them to advise them when you'll sign and why the delay.
/Christopher E. Ezold/
posted Apr 2, 2015 06:56 AM [EST]
Answer to Did I sign a Non-Compete?
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, Delaware, New Jersey or Federal law applies, unless otherwise specified.That being said, you likely are not bound by a noncompetition agreement. You are likely bound by an agreement to sign one - so you may have an issue there. It would be hard, however, to attempt to enforce that, as you could easily say that you would never have signed what they demand you sign now - and would have quit. If the terms were not in the initial offer letter, then I think you are likely free of any obligation. You should have this reviewed by an employment attorney ASAP, however, prior to accepting another job, in order to ensure that you do not expose yourself to liability.
/Christopher E. Ezold/
posted Feb 11, 2015 10:37 AM [EST]
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, Delaware, New Jersey or Federal law applies, unless otherwise specified.
That being said, if the employer breaches the contract first by not paying you, then you likely will not have to abide by the noncompete. I say 'likely' because I'd need to see the contract and understand the circumstances first before giving a firm opinion. The real issue may be practical - if the company cannot pay its employees' wages, it likely cannot pay an attorney to sue you - and may not even be in business for your to compete with in the near future. Before exposing yourself to liability by competing, however, you should speak with an attorney.
/Christopher E. Ezold/
posted Feb 9, 2015 07:44 AM [EST]
That being said, if the employer breaches the contract first by not paying you, then you likely will not have to abide by the noncompete. I say 'likely' because I'd need to see the contract and understand the circumstances first before giving a firm opinion. The real issue may be practical - if the company cannot pay its employees' wages, it likely cannot pay an attorney to sue you - and may not even be in business for your to compete with in the near future. Before exposing yourself to liability by competing, however, you should speak with an attorney.
/Christopher E. Ezold/
posted Feb 9, 2015 07:44 AM [EST]
Answer to Should a non-discretionary (pro-rated) bonus, based solely on my performance, be paid upon leaving?
I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. 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, Delaware, New Jersey or Federal law applies.That being said, if you have no agreement providing for bonus payment after termination, and the policy of the employer is to pay only if you are employed, you will have an uphill battle, at best.
/Christopher E. Ezold/
posted Jul 14, 2014 12:28 PM [EST]
Answer to i have been harassed and discriminated at work for two years and now assaulted
I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. 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, Delaware, New Jersey or Federal law applies.That being said, you should report the assault and your employer's concern that you might be shot IMMEDIATELY to the local police that cover your jurisdiction. You should also make your complaints to your employer in writing, by email, and keep a copy of that complaint and any response for yourself. I would also strongly suggest getting an employment attorney to help you move out of that job; no matter what happens with the crazy colleague, this does not sound like a good place to work.
/Christopher E. Ezold/
posted Jan 13, 2014 09:53 AM [EST]