Answers Posted By Christopher Ezold

Answer to Staffing Service Non-Compete Sales to Operations

The noncompetition agreement may not apply.

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 noncompetition agreement may not apply. The question is whether you are forbidden from WORKING in the 60-mile radius, or whether you are forbidden from working for a company LOCATED in a 60-mile radius. Furthermore, as you may work for a regional company, you may be able to 'carve out' the Philadelphia area for the noncompete period.

Many noncompetition agreements are invalid due to their wording and how they are administered (i.e. did they give it to you after you began work, etc.). Whether the agreement is invalid due to how it was written or administered requires me to review facts not in your question before I could opine on its validity.

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 18, 2007 09:48 AM [EST]

Answer to My boss and co-workers are acting like high school kids

You have a right to be paid for your work.

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 have a right to be paid for your work. If you perform services for an employer, Pennsylvania law requires that you be paid. If you are fired for refusing to work for free, or take on additional work as a personal home assistant to the employer, you'll be entitled to unemployment compensation.

Being paid 'under the table' is a problem. First, you are not paying taxes due, and you'll be liable for such taxes, as well as penalties, fines and interest. Second, since unemployment taxes are not withheld, you may not be eligible for unemployment. Third, your Social Security taxes are not being paid, which means that your Social Security payments upon retirement will be lower.

The good news is, since you've only been employed for four months this year, you can remedy the tax issues. The bad news is that a childish boss who doesn't pay taxes is going to create a horrible working environment that will only get worse. I'd recommend seeking another, legitimate, job immediately, and telling your employer to (a) pay you for all unpaid time worked, (b) to start deducting taxes appropriately, and (c) pay all back taxes owed.

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 9, 2007 11:52 AM [EST]

Answer to Can I be fired for refusing to travel?

You can likely be terminated for refusing to travel.

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 can likely be terminated for refusing to travel. In Pennsylvania, you are an employee at will, and can be terminated at any time for any reason or no reason at all. The employer has no obligation to be fair or even use good business judgment.

If, however, the employer does not terminate employees of a different gender for such refusals, or if the employer targets one gender with these travel demands but not the other gender, you may have a claim for discrimination.

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, 2007 07:41 AM [EST]

Answer to Broken employer agreement

You may have a claim for breach of contract and nonpayment of wages.

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 breach of contract and nonpayment of wages. The agreement to provide a mutual 21-day notice, if a valid agreement, obligates them to give you such notice, regardless of 'layoffs' or lack of work. Failure to give you notice and pay wages during that time period would give rise to a claim for nonpayment of wages, which carries a 25% penalty and awards you your attorneys' fees if you are successful.

Your claim(s) hinge on whether the agreement is valid; without reviewing the agreement, I cannot offer advice on it.

If you are in a protected class (over 40, female, etc.), you may also have a claim for discrimination if your employer decided to terminate you at least in part due to your protected class.

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 26, 2007 2:12 PM [EST]

Answer to Employer not following through with agreed severance package

You may have a wage 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 have a wage claim. In Pennsylvania, severance pay and benefits are considered wages. Failure to pay wages can result in a 25% penalty and the payment of your attorney fees in collecting your wages due.

If you have an agreement for you to receive health insurance, the company's failure to provide it may also create liability for health care payments you have had to make which were not covered.

If the company has refused to provide health insurance after you notified them of their failure, or if they ignore you, the only course you have is to sue. Health care providers will not care that the employer breached its agreement; they'll demand payment from you directly, or might not treat you 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 Feb 28, 2007 2:03 PM [EST]

Answer to Non compete gives me little choice in employment

Working in a different position may avoid the noncompete problem entirely.

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, working in a different position may avoid the noncompete problem entirely. In Pennsylvania, a noncompetition agreement must be reasonable in its time limits (1 year is reasonable), geographic limits (if the employer actually does business in all 50 states, a national restriction is likely to be reasonable) and in substance. Before you reach the question of whether the agreement is reasonable, the agreement must pass the threshold question of whether the employer has a legitimate business reason for the noncompete. Merely competing with the employer is NOT a legitimate business reason. Instead, the employer must be protecting its trade secrets, investment in training, or the relationships you have formed for the employer.

Under the facts you set forth, it appears that there is no legitimate business interest in preventing you from working in a different position in a competing organization, especially as no such position is available with your employer. You have no relationships to protect, there are no trade secrets to protect, and you do not appear to have expensive training provided to you by your employer. Furthermore, the courts will balance the harm to you versus the harm to your employer; in this instance, you appear trapped in a dead-end with your employer, while your working in a different position with a new employer appears to pose no real threat to your employer.

These issues are very fact-dependent; my statements above are preliminary at best. I would need to know more about your issue 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 Feb 7, 2007 08:36 AM [EST]

Answer to slander

He may have a defamation claim based on the employer's knowledge that the accusation was false.

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, your father may have a defamation claim based on the employer's knowledge that the accusation was false. By terminating him knowing the allegations were false, the employer is arguably publishing the claim that he engaged in the alleged behavior. Depending on what is said to others, he may have a claim. The damages question is trickier; the damages must flow from the defamation. If the defamation occurs DUE to the firing, the firing may not enter into the damages equation. If he is not hired by other employers who have heard the story, he would have damages to allege.

If the cleaning lady accused him, but didn't know she was wrong in her identification of him, there is likely no claim against her.

There is likely no claim for wrongful discharge, either; such claims are very limited in Pennsylvania, and this does not appear to be sufficient (although it is wrong).

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 Jan 23, 2007 2:24 PM [EST]

Answer to Possible discrimation- take the severance anyway?

The answer depends on whether men or childless women are treated differently than you.

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 answer depends on whether men or childless women are treated differently than you. It is not illegal to discriminate against parents. It is illegal to treat women differently than men, or to treat women differently based on discriminatory stereotypes (such as the stereotype that women with children are not able to work).

If your job truly was eliminated, you likely have no claim. However, if one of your childless reports is promoted to your former position, or takes on all of your responsibilities, then the 'job elimination' reason you were given might just be no more than a pretext for terminating you.

Furthermore, if there are several managers at your level, and if some of them are less qualified than you but are men or have no children, but you were the one laid off, you may also have a claim.

Discrimination claims are very fact-dependent; I would need to know more before I could say that you have a claim. If the severance/insurance package requires you to sign a waiver of claims, you will lose your claims if you take the severance. You will need to decide whether the value of your claim (which could be anywhere from 1 year of salary to several years of salary) is worth losing the severance. The severance is guaranteed, but the claim may fail, and will likely take a year or more to resolve.

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 Jan 7, 2007 11:50 AM [EST]

Answer to Discrimination - Making me do a manager's job, but paying me as a supervisor.

Promoting less qualified men over a qualified woman satisfies the first part of the legal test.

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, promoting less qualified men over a qualified woman satisfies the first part of the legal test for discrimination. With your high performance rating, promoting a less-qualified male over you raises an inference of discrimination. The employer may be able to rebut the inference by showing a legitimate business reason for its actions, but you would have the opportunity to show that the employer's reason is merely a pretext for discrimination.

I cannot determine whether you have a claim without more facts, in particular the specifics of each promotion, the promoted person's qualifications and the reasons provided for not promoting 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 Dec 21, 2006 10:46 AM [EST]

Answer to Discrimination - Making me do a manager's job, but paying me as a supervisor.

Promoting less qualified men over a qualified woman satisfies the first part of the legal test.

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, promoting less qualified men over a qualified woman satisfies the first part of the legal test for discrimination. With your high performance rating, promoting a less-qualified male over you raises an inference of discrimination. The employer may be able to rebut the inference by showing a legitimate business reason for its actions, but you would have the opportunity to show that the employer's reason is merely a pretext for discrimination.

I cannot determine whether you have a claim without more facts, in particular the specifics of each promotion, the promoted person's qualifications and the reasons provided for not promoting 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 Dec 21, 2006 10:46 AM [EST]