Answers Posted By Christopher Ezold

Answer to reneged job offer caused me to lose an earlier offer

You may have a claim for misrepresentation for a withdrawn job offer.

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That being said, you may have a claim for misrepresentation for a withdrawn job offer. Pennsylvania is an employment-at-will state, and job offers can be extended or withdrawn at any time. However, if the job offer was made with the intent to keep you as a contractor at Hospital A, and with the intent to withdraw it when you rejected Hospital B's employment offer, you may have a claim. Normally, such claims require significant detriment to occur, such as having sold your house in another state and moved to Pennsylvania. However, your damages may be enough to trigger liability on the part of Hospital A, if their offer of employment was a sham from the beginning designed to keep you as a contractor.

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, 2005 11:05 AM [EST]

Answer to serverance after merger but job still present

You may have a contractual right to severance.

This response is meant to supplement my first response, which was accidentally posted before it was completed.

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, if you have a verbal promise to provide you severance, what is it being offered for? If you are giving something to the employer in return, such as staying on instead of taking a new job, you may have an enforcable contract for severance.

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 10, 2005 09:45 AM [EST]

Answer to serverance after merger but job still present

You may have a contractual right to severance.

posted Aug 10, 2005 09:42 AM [EST]

Answer to Validity of non-compete?

The noncompete may be invalid.

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 agreement may be invalid. Depending on the wording, allowing you to work for another entity, even if related, may evince a waiver of the agreement. Furthermore, many judges may find that $500 is far too little compensation for giving up the right to work. Finally, allowing you to work elsewhere may show that the employer has no 'legitimate business interest' (which is legally required) for the noncompete to be effective.

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 10, 2005 09:37 AM [EST]

Answer to Dispute of performance review.

You have a right to see your personnel file.

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 does not have a legal obligation to provide you with an explanation of their performance reviews, even your own review. You do have a right, however, to see your personnel file, upon reasonable notice and at a reasonable time. This right is extinguished once you are terminted, so it must be exercised during your employment. You do not have a right to make copies of the documents in your file, but you can take notes. Many companies will not prevent you from copying your personnel file, however.

As a practical matter, your best course of action might be to submit a letter to your supervisor or the reviewing manager, copied to your personnel file/HR, stating that you do not understand the review and have not been provided any facts detailing the accusations against you, and that you are requesting that they be provided to you in written format. Such a letter might prove useful in future unemployment or other legal matter.

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.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com


posted Jul 11, 2005 08:49 AM [EST]

Answer to Employer Threats

You may have a claim for back wages, and a potential claim for wrongful termination.

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 back wages, and a potential claim for wrongful termination. If your employer did not pay you as agreed, and adjusted your pay going forward but did not pay you the unpaid back wage amount(s), then you likely have a claim under the Pennsylvania Wage Payment and Collection Law. If so, your claim is likely to be for the amount of underpaid wages, plus 25% of that amount as liquidated damages as well as your reasonable attorneys' fees.

With regard to being terminated because you demanded your proper wages, you may have a claim for wrongful termination in violation of Pennsylvania public policy. Generally, you are an at-will employee in Pennsylvania, who can be fired at any time for any reason or no reason at all. However, Pennsylvania courts recently held that you cannot fire an employee for taking advantage of Worker's Compensation to which the employee has a right. Although Pennsylvania courts have not yet ruled on whether an employee may be terminated for demanding their proper wages, I suspect that they would rule on the side of the employee just as they did no the side of the employee in the Worker's Comp case.

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.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com


posted Jun 28, 2005 2:37 PM [EST]

Answer to Employee not meeting training guidelines and procedures

There is no 'procedure' legally required in Pennsylvania to terminate 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, There is no 'procedure' legally required in Pennsylvania to terminate an employee. In Pennsylvania, unless an employee has a contract of employment, they are employed 'at will' - that means that they can be fired at any time, for any reason.

However, just because there is no legally required procedure does not mean that a 'quick and dirty' termination won't expose you to liability. The employee may be able to point to the termination as evidence of bias based on race, gender, age, disability, etc. Terminating an employee in retaliation for complaining of discrimination, taking worker's compensation benefits, refusing to engage in illegal acts, and a numbe of other reasons, is also illegal.

Therefore, while it is not legally required, a thorough termination process is good business practice. Such a process can minimize exposure to liability for you personally as well as your business, and creates clear expectations for employees, which can avoid harming employee morale.

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.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com


posted Jun 9, 2005 07:55 AM [EST]

Answer to Discrimination Settlement Check

You likely should get a new check issued

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 shoujld likely get a new check issued to you without the 'severance pay' annotation. If your claims involved any personal injury claims, you may not have to pay taxes on amounts that compensate you for such injuries. By denoting the check as any kind of 'pay,' you may find that taxes are taken out where they ought not to be.

Furthermore, accepting the check can arguably be evidence that you agreed to terminate your employment as part of the settlement agreement. Without viewing the agreement, however, I cannot give you advice on that issue.

Finally, depending on your position and pay, certain new 409A tax penalties can apply to amounts paid in years after they are earned; severance pay is one. Although it seems unlikely that you would be assessed these penalties, it is an issue that needs to be addressed if they pay is reported as severance pay.

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.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com


posted May 17, 2005 09:03 AM [EST]

Answer to Non-Compete Agreement

You may be bound by the noncompete, but probably not to the full extent of the 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, you may be bound by the noncompete agreement, but probably not to the full extent of the agreement. For a noncompete agreement to be valid in Pennsylvania, you must receive something of value for signing it. Initial employment is something of value to the courts, but continued employment is not. The bonus you received may not be compensation enough; this will depend on whether you would have received it anyway, whether when you signed you could have been denied the bonus anway, etc.

Furthermore, a noncompete in Pennsylvania must be reasonable in time and geographic scope, and must protect a legitimate business interest of the employer. Mere noncompetition is not a legitimate business interest. Your knowledge of the employer's technology, customers or business secrets may be a legitimate business interest. From your question, it appears that the geographic scope is too large; the 3-year length may also be too long. Whether or not a court would enforce these terms depends on the specific facts of your employment, including what your job responsibilities were, how important you were to the company and its customers, and your role in creating, knowing or maintaining the company's confidential information. The fact that you brought the technology that you used with you may indicate that there is little or no legitimate business interest in restrainign you from working for another employer.

Unfortunately, analyses of noncompetition agreements is very fact-specific; from the contents of your question I can do no more than provide general answers.

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.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com

posted May 16, 2005 07:49 AM [EST]

Answer to Severance Policey - Descrimination or not?

Treating different pay grade employees differently is not illegal discrimination.

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 be concerned about being treated differently than a person at a higher pay grade level, with equal seniority. Generally, treating different pay grade employees differently is not illegal discrimination. Discrimination is only illegal when it is based on age, race, gender, religion, nationality, disability and, in some locations, sexual orientation. Discrimination based on a bona fide seniority system, pay or employee grade levels, type of work, work location or other, similar, factor, is generally not illegal discrimination.

Furthermore, it is unlikely that bringing a claim over the 4 weeks of severance pay would be worth the time and money you would likely have to put in on the claim. You are likely to spend more to resolve the claim than you would receive.

ERISA, the Employee Retirement Income Security Act, does prohibit denying benefits in certain circumstances, or giving different employees within the same 'class' of employees differing benefits. However, you would likely not be in the same 'class' as the higher pay grade employee, and would likely have no ERISA claim. That determination woudl have to be made, however, after a review of the employer's policies was undertaken.

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.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com


posted May 10, 2005 09:04 AM [EST]