Answers Posted By Christopher Ezold

Answer to PTO Payout Laws

It is illegal for an employer to not pay 100% of earned PTO/vacation time.

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 illegal in Pennsylvania for an employer to not pay 100% of earned PTO/vacation time. The question, however, is what is 'earned' of the PTO offered. There is no general legal right to PTO or vacation time. Most employers, however, give PTO or vacation time to their employees. Certain employers may only allow so much time to be earned, and may not allow rollover of time. Depending on what the policy allows, certain 'earned' time can be lost.

If the employer is failing to pay 'earned' time in violation of the law, the employer may owe the full amount of the withheld pay, as well as a 25% penalty and the employees' attorneys' fees and costs.

I cannot give specific advice on your situation, as I have not reviewed the PTO policy governing your rights, nor the facts of your particular situation.

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 14, 2005 08:32 AM [EST]

Answer to Discrimination deadline passed?

You probably still have time to sue even if the PHRC notified you of your rights to sue last June.

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 probably still have time to sue even if the PHRC notified you of your rights to sue last June. Generally, the PHRC will send a letter notifying you that you MAY withdraw your case and sue in court after the PHRC has had the case for 1 year. If the PHRC finds against you, you have two years from the date you discover that the PHRC will dismiss your case in which you MUST sue or lose your claim. The trigger date is when you find out your claim will be dismissed, which can be earlier than the date of actual dismissal.

Without looking at your documents, however, I cannot determine whether your time for suit has actually passed; furthermore, you may have a concurrent federal claim before the EEOC that may have elapsed. In all liklihood, however, based on the facts in your question, your time to sue has not passed.

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 25, 2005 09:59 AM [EST]

Answer to Unfairly treated by another employee

Employee C might have a claim for hostile environment.

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, Employee C might have a claim for hostile environment against Employee B.

Generally, employers do not have an obligation to abide by their own policies; therefore, they can move Employee C due to the dating issue regardless of whether there is a policy addressing that issue. If there was a complaint by Employee B, the employer may have been wise to move Employee C in order to avoid potential liability and business interruption.

However, Employee C has a right to a workplace free of discrimination based on her gender. If Employee B is making sexual comments to/about Employee C and/or treating her differently than male employees or creating a hostile working environment for her, then Employee C may have a claim against both Employee B and her employer.

Employee C's claim, however, requires that she complain of the behavior to the employer; if the employer is unaware of the discriminatory behavior of Employee B, then the employer likely has no liability 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 Nov 21, 2005 08:25 AM [EST]

Answer to Does a non-compete carry over if I transfer to a new position within the same company?

Changing positions within a company generally does not invalidate a noncompete.

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, changing positions within a company generally does not invalidate a noncompete. The noncompete will be valid or not depending on the legitimate business interests your employer has to protect if you were to move to the potentially competing employer. This is a detailed factual analysis.

Furthermore, your noncompete may be invalid, inapplicable or unenforceable for other reasons. Noncompetition agreements are frequently not administered correctly or are drafted badly, leading to their failure.

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 8, 2005 08:26 AM [EST]

Answer to Injunction threat

An injunction is an early step in enforcing a noncompetition 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, an injunction is an early step in enforcing a noncompetition agreement. The employer would file a complaint against you, which you must answer and which would end up in a trial within one or two years. However, after filing the complaint, the employer would file for a preliminary injunction, asking the court to prevent you from working at your new employer until the matter can be resolved at trial. The petition for a preliminary injunction would be heard within 30-60 days, and significant discovery would occur during that time.

If, at the preliminary injunction hearing, the employer is able to show that they would likely win at trial, a preliminary injunction would be entered forbidding you from working for your new employer, or for any competing employer. If your old employer is represented by competent counsel, it is likely that you would have to obtain permission for any new employment that is even close to competitive with your old employer.

Both noncompetition agreements and preliminary injunctions are complex areas of the law. I would not recommend defending yourself in such proceedings; failure would prevent you from working for 1-2 years, regardless of whether you win at trial.

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 7, 2005 08:16 AM [EST]

Answer to Undeliverable Legal notice

Yes, he can obtain a default judgment.

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 former employer can obtain a default judgment against you if you cannot be located for service. Initially, your employer would attempt to have you served at your work address; if that was not possible, and you could not be found elsewhere, service would be made by publication in a newspaper. If you did not respond, the case would proceed without you and end up with a default judgment that likely could be enforced against your new employer, preventing you from working. Attempting to open a default judgment after wilfully ignoring process would be very difficult.

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 7, 2005 08:03 AM [EST]

Answer to Sexual Harassment - Gray area?

You may have a claim for your employer's negligent investigation.

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 your employer's negligent investigation. You may also have a claim for defamation. Sexual harassment is defined as "unwelcome" sexual conduct; it does not appear that anything that occurred was unwelcome. Depending on what was said by the woman you met for lunch, you may have a defamation claim against her. You may also have the same claim against the company if they made public a claim that you engaged in sexual harassment, when you did not and they knew or should have known that you did not.

Whether the employer was negligent in their investigation is a complex analysis that cannot be undertaken with the facts in your question. It does appear, however, that the employer overreacted at a minimum.

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 28, 2005 10:38 AM [EST]

Answer to non-competes when the employer has wronged you

The noncompete may not be enforceable

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 facts in your question, the noncompete may not be enforceable. Your employer's failure to pay you commissions as agreed will likely relieve you of any obligation to abide by the agreement. Furthermore, 'double damages' clause is likely not enforceable at all.

However, to provide you with a legal opinion, an attorney would have to review the agreement and discuss the facts of your employment with 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 28, 2005 10:29 AM [EST]

Answer to Back pay owed and Termination

You are owed your back pay by the next payday.

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 are owed your back pay by your next payday. Pennsylvania's Wage Payment and Collection Law (WPCL) requires that terminated employees be paid all wages due and owing by their next scheduled payday. In fact, the WPCL specifically disallows employees to 'waive' their right to pay; therefore, your agreement to defer your pay is not actually valid, and your employer was obligated to pay you as you worked.

Failure to pay your wages within 30 days of their due date will subject the employer to a 25% penalty payment to you, as well as require them to pay your reasonable 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 Oct 12, 2005 3:30 PM [EST]

Answer to What can I do?

The answer depends on why you are being treated differently.

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 why you are being treated differently. If you are being singled out and disciplined because of your age, gender, race, religion, etc., you may have a claim for a hostile work environment or differential treatment (both are two discrimination analyses). There is not enough information in your question to make that determination, however.

You probably do not have a defamation claim; employers enjoy a limited legal privilege to defame their employees in discipline and references. Certain actions can remove that privilege, but I don't see any facts in your question that would lead to that conclusion.

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, 2005 09:17 AM [EST]