Answers Posted By Christopher Ezold

Answer to how to nullify non-compete and do i have the right?

The noncompete may be invalid, or may be invalidated by your employer's actions.

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 noncompete may be invalid, or may be invalidated by your employer's actions. You are correct that the lack of a geographic limitation may render the noncompete invalid. However, there is also a nonsolicitation clause that generally does not need a geographic component, as it is implicit in the nonsolicitation of particular clients. You may therefore be able to work in a competitive position for a year, as long as you don't provide services to or solicit a customer of your employer.

The fact that you have little or no contact with your employer's clients may render the nonsolicitation invalid; however, I would need further facts to make that determination.

Finally, your employer may have already breached the contract with you, or may do so in the future, by nonpayment or late payment of wages. Again, I would need further facts to make this determination.

It is likely, therefore, that the contract is unenforceable against you. Further, your employer's practical situation may preclude them from pursuing you regardless of the enforceability of the contract. You should contact an attorney to discuss the issues in detail, however, before taking a competing job or soliciting or working for any client of your current employer. There are practical and legal steps you can take to avoid the restrictions in the contract that an attorney will lay out for 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 Sep 9, 2006 11:15 AM [EST]

Answer to Employer unwilling to pay on a legally enforceable severance agreement

You appear to have claims 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 appear to have claims for breach of contract and nonpayment of wages. If you altered the severance contract to include new terms, and it was executed by an officer of the company, it is likely a valid contract. The severance pay is 'wages' under Pennsylvania's Wage Payment and Collection Law ("WPCL"). Furthermore, the $40k you are still owed is likely to be considered 'wages' under the WPCL. Therefore, if neither the $40k nor the $10k have been paid, you also likely have claims for breach of contract for both and for nonpayment of wages under the WPCL for both.

The WPCL claims include an extra 25% of the nonpaid wages as damages (about $12,500 in the case of the combined unpaid $50k) AND include as damages your attorneys' fees. The $50k claim can therefore present a $75k-$100k liability for the company.

Finally, their delaying of payment may put you at risk of tax penalties on the deferred compensation under the IRS new Sec. 409A regs. You should seek advice ASAP in order to avoid those penalties.

In my experience, a solvent employer that is holding out on paying wages that are clearly due is either playing a game of legal chicken with the employee, or there is a personality conflict between the employee and an executive inside the employer. In either case, it is rarely resolved to the employee's satisfaction without an attorney getting involved.

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 6, 2006 2:11 PM [EST]

Answer to Falsely accused Sexual Harrassment

False accusations of sexual harassment can create 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, false accusations of sexual harassment can create a claim. If you have been falsely accused, and have suffered damage from the accusation (i.e. being fired), then you may have a claim against the accuser who defamed you, and against your employer if the employer failed to investigate with the appropriate standard of care. The standard may vary from state to state, depending on the claim.

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 1, 2006 12:57 PM [EST]

Answer to Relocation contract

Your employer's behavior may amount to a breach of the contract.

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 employer's behavior may amount to a breach of the contract. Furthermore, if you are perceived to have a disability, whether you have one or not, you may have a claim of disability discrimination. Such a claim may also amount to a breach of contract by your employer.

If your employer breached the contract first, you may nto have an obligation to repay any relocation costs. You may also want to consider that there is only about 1/4 of the costs left to pay if you were to leave now. Even if you have to repay that 1/4, it may be worth the money to do so due to the stress and abuse you are enduring.

I would need to review your contract in detail to be able to give you advice on the legal and practical paths you can take to resolve this problem. 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 28, 2006 8:02 PM [EST]

Answer to laid off with written guarantee of pay

It is difficult to assess legal rights under a contract without reading the contract.

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 difficult to assess legal rights under a contract without reading the contract. The answer likely depends on what guarantee was offered (pay per year, minimum pay, bonus, etc.) and what the termination clause(s) of the contract state with regard to obligations to pay. At this point, without reading the contract, no attorney could give you a reliable opinion without having read the contract.

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, 2006 12:40 PM [EST]

Answer to discrimination /retaliation or both

You may have a claim for discrimination and/or retaliation.

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 discrimination and/or retaliation. You appear to have been treated differently in the requirements for promotion, and you appear to have been punished for having made a complaint of discrimination not once, but twice. Both acts by your employer, if truly discrimination/retaliation, are illegal. Your damages may include the value of the lost promotion and damages for the stress of the environment due to your employer's actions, as well as 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 Jul 30, 2006 12:01 PM [EST]

Answer to Non-Compete & Retention Bonus.

It is highly unlikely your noncompete is enforceable against 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, based on the sparse facts of your question, it is highly unlikely your noncompete is enforceable against you.

Your primary defense is that you were laid off. Pennsylvania courts generally will not enforce a noncompetition agreement against a laid-off employee, for a number of reasons, both legal and policy.

In Pennsylvania, non-compete agreements must be reasonable in their time limit, geographic limit, and must protect a 'legitimate business interest.' Generally, an employer has no 'legitimate business interest' in preventing an employee it laid off from working. This dovetails with the general policy that the government wants every citizen working; since you are being forced to leave, policy is on your side.

With regard to your bonus question, it appears that you were paid your bonus to stay through June 30th. As long as you have done so, you should be able to keep the bonus.

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 16, 2006 4:22 PM [EST]

Answer to Non compete agreement

The noncompetition agreement may not be valid due to facts of your case.

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 be valid due to facts of your case. Depending on your position, the work you perform and the acces you have to the employer's product lines, you may not be bound by the rather broad product line restrictions in the agreement.

I cannot provide a reliable opinion based solely on review of the agreement; your question requires a thorough review of the facts of your particular situation. I can only say that it appears overly broad on its face. This may not help you, depending on where you might go in your future career.

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 12, 2006 7:52 PM [EST]

Answer to Which state's laws are applicable in non-compete dispute?

Which state law applies to a noncompetition agreement can vary.

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, which state law applies to a noncompetition agreement can vary. The agreement itself generally states which law applies. However, if it does not, the law of the state in which it is being enforced is generally applied. Unfortunately, 'conflicts of laws' principles vary from state to state, so my answer may not hold for every state.

Furthermore, many states, such as Pennsylvania, feel that the right to work is important enough to be a matter of public policy. These states will generally apply another state's law if the contract requires, but won't apply such law if it violates their public policy. This frequently results in the home states' law being applied.

Your question requires a thorough review of the facts of your particular situation. If you believe a former employer may attempt to enforce a noncompetition agreement against you, you should consult an attorney immediately. Positioning yourself to deal with a noncompetition claim can be critical to defending yourself later.

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 9, 2006 8:43 PM [EST]

Answer to retaliation

Denial of promotions after you complain of discrimination may create a claim for retaliation.

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, denial of promotions after you complain of discrimination may create a claim for retaliation. In your case, however, the problem is that the complaint was seven years ago, and you do not state when the denials of promotion occurred. If the dneials happened this year, you may not have a strong claim because of the time difference. If the denials happened six or seven years ago, you may not have a claim because too much time has passed (you must file a claim for retalation within 300 days of the retaliatory act). However, if the denials have been regular and ongoing, you may have a 'continuing violation' claim, in which a seven-year campaign of retaliatory acts is treated as one large retaliatory action, instead of several smaller ones. Such a campaign may be easier to connect to the discrimination complaint, and you might still be within the 300-day limit for filing a complaint about the retaliation.

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 20, 2005 08:23 AM [EST]