Answers Posted By Christopher Ezold

Answer to Real Estate Non Compete

You may not be bound by the 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, a noncompetition contract is just that, a contract. The employer must live up to their part of the deal for you to be bound by yours. Therefore, if your employer will not pay you your agreed-upon salary or wage items, you may not be bound by the noncompete. I would need to read the noncompete and gather facts regarding the how the wage items were agreed upon to give you an opinion on your specific situation.

Furthermore, a noncompe is also only enforceable to the extent that its time and geographic scopes are reasonable, and only so far as it protects a legitimate business interest of the employer.

The time (three years), appears to be more than most courts would allow. This determination, however, depends on the nature of the market, your specific duties for the employer, how easy you are to replace and how much damage you could do as a competitor. These are all facts I would have to know before making a determination as to the reasonableness of the time limit.

Whether barring you from your current business protects a legitimate business interest of your former employer is another fact question. You worked in a narrow area for your former employer, which is the area that a court might bar you from working in prospectively. Just because your former employer is in the real estate industry does not mean that you are barred from the entire industry. Instead, you might be barred from working as a sales manager, resale coordinator and builder liason - which is exactly what you did for your former employer, and where they might have a right to expect you to refrain from competing with them. Again, these are all fact-based analyses.

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 Apr 19, 2005 2:40 PM [EST]

Answer to non-compete agreement binding??

Answer to Denied pay

You likely have a valid claim for unpaid 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, if your employer allowed you to work without telling you that your wages would be cut, you likely have a claim for unpaid wages. If so, the school would owe you the unpaid back wages, plus a 25% penalty, and your attorneys' fees.

The school might have a valid defense based on the late form, but it would likely be valid only if there was a clear policy or other communication to you about potential wage loss for a late form. I suspect that there was no such communication. However, without reviewing your documents and the specific facts surrounding your situation, I cannot give you a firm answer.

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 Mar 28, 2005 2:10 PM [EST]

Answer to mistreated and misjudged

You may have 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, you may have a claim for a violation of Pennsylvania's Wiretapping and Electronic Surveillance statute. Courts have held that although employers may use video surveillance, that they violate the Wiretapping statute if they secretly intercept or record oral communications. Damages can range from $1,000 on up.

You likely have no claim, however, for being terminated for what is stated in family court documents. In Pennsylvania, unless you have a contract, an employer may terminate you for any reason or no reason, at any time, without notice. While an employer may not discriminate based on your gender, age, race, religion, etc., employers do not have an obligation to be fair or to even use good business judgment. However, if your daughter's father or your employer publicized his allegations outside of the courthouse, you may have a claim for defamation. If he published those claims to your employer, and got you fired, you may have a claim for defamation against him, with the damages being the loss of your job.

Finally, an employer cannot generally refuse to pay you wages due. If the employer has a legitimate set-off, such refusal may be legal; however, such set-offs are rare. Without knowing more about your wage structure and the reasons for withholding your wages, I cannot answer more specifically.

You will find that many attorneys will handle defamation and unpaid wage claims on a contingent fee, and will not charge you an hourly rate for such work.

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 Mar 28, 2005 10:57 AM [EST]

Answer to Non-Compete Agreements for non-sales or executive employees

There is a good chance that the non-compete agreement is not enforcible.

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 a good chance that the non-compete agreement is not enforcible. Your focus on both the fact that your employer is not currently involved in the areas that your prospective employer is involved in, as well as the fact that you are in a non-sales, non-executive position is correct.

In Pennsylvania, non-compete agreements must be reasonable in their time limit, geographic limit, and must protect a 'legitimate business interest.' The one-year, 100-mile limits are likely to be held reasonable by the courts. The real question is whether preventing you from working for a competitor protects a legitimate business interest.

The courts have held that employers do not have a 'legitimate business interest' in protecting themselves from general competition in the marketplace. Instead, employers have a 'legitimate business interest' in protecting specific aspects of their businees: the sales relationships their employees have built; their confidential customer, business, marketing or product information; their vendor and employee relationships, etc.

As an HR Manger, you may or may not be involved with a protectible, legitimate business interest. It is likely, however, that you are not. While I am familiar with the clinical research industry, this determination is a detailed, fact-based determination that I cannot definitively make without going over the details of your employment and your employer's business.

The next question is whether you would have to return the stock options you received if the contract is not binding. Again, without reviewing the document, I cannot make any such determination.

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 Mar 17, 2005 09:08 AM [EST]

Answer to Non-compete Clause Valid?

You may not be bound by the non-compete 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 not be bound by the non-compete agreement. The agreement is an exchange of promises; you promise not to compete with the 'new' employer, and the 'new' employer promises to employ you. If you do not receive the employment, you do not have to keep your promise not to compete.

Your question is complicated, however, by the fact that you accepted the 'new' employer's promise of employment, and are declining to accept that employment. If the courts feel that the promise to employ was consideration enough for your promise not to compete, you may have a difficult time getting out of the agreement.

Without reviewing the agreement itself, I cannot answer your question any further. The secondary issue of your right to the pension incentive also impacts your decision; you do not want to have the incentive withdrawn if you break your promise. Whether this is possible depends on the terms of the incentive, which I have also not reviewed.

In short, there is some risk in backing out of the non-compete agreement, but that risk can likely be managed.

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 Mar 17, 2005 08:37 AM [EST]

Answer to non-compete

You likely have a valid defense to XYZ's lawsuit.

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 likely have a valid defense to XYZ's lawsuit. In Pennsylvania, when an employee signs a non-competition agreement, they must receive something of value for their promise not to compete. The courts call this the 'consideration' the employee receives for their promise. While the courts consider beginning new employment to be adequate consideration, the courts do NOT consider continuation of current employment to be adequate consideration. You signed the agreement three months after you started working, receiving continued employment as consideration; unless you received something else of material value for your promise not to compete, you likely have a valid defense (lack of adequate consideration) to XYZ's lawsuit. Without reading your contract, however, I cannot determine whether it contains such other adequate consideration.

Your question asks, however, "what should you do?" You should retain an attorney immediately and answer the complaint within 20 days of having been served with it, or have your attorney file preliminary objections within that same 20-day period. Which course is preferable will be determined by your attorney.

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 Mar 17, 2005 08:22 AM [EST]

Answer to Ovetime, demanded stays without overtime and sexual harrasement

You are owed overtime pay in the next pay check, and may be required to work overtime.

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 may require that you work overtime; whether it appears to be a productive use of your time is generally irrelevant. However, overtime wages are "payable in the next succeeding pay period" under the Wage Payment and Collection Law {"WPCL"}. Holding overtime pay for more than a pay period is illegal under the WPCL.

The lewd jokes and comments may be illegal sexual harassment. If they occurred enough to be pervasive, you may have a claim. The courts do not consider a few jokes enough to rise to the level of illegal sexual harassment, no matter how wrong or inappropritae they are. To properly respond to your question, more facts concerning the occurrence and nature of the sexually harassing environment would be required.

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 Mar 14, 2005 3:39 PM [EST]

Answer to wrongly fired

You most likely have no recourse, but might collect unemployment.

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, unless you hvae a contract of employment, you are an 'employee at will' in Pennsylvania, and can be fired at any time for any reason, or for no reason. Whether you actually falsified the document is irrelvant to whether your employer can terminate you.

However, whether you falsified the document will impact your claim for unemployment benefits. If you were willfully disobedient, you may be denied unemployment compensation. I suspect your employer is upset because they may have to pay tax on the 'non-sale' of the documents due to the existence of the receipt. If you were aware of this issue prior to creating the receipt, you may be found to have been 'willfully disobedient.' If other employees have engaged in this behavior, or if you were not aware of the implications, then you may not be found 'wilfully disobedient,' and may be able to collect unemployment compensation.

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 Mar 4, 2005 07:03 AM [EST]

Answer to "overpaid" wages are being taken back without any notice

Your employer may not take back more overpaid wages than were paid.

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, although an employer may take back wages that were overpaid, they may not take back more wages than were overpaid.

Pre-payment of wages is highly unusual, partially for this reason. "Adjusting" already-paid wages is time-consuming, frustrates employees and can lead to liability for the employer. If your employer is taking back more wages than were overpaid, you should send them a writing, preferably a letter via certified mail, that calculates out the wages that were overpaid, the wages that were withheld, and the total owing you, and demanding immediate payment of outstanding wages. If they do not pay you the wages owed, you may sue them in small claims court (District Court) for the wages owed, a 25% penalty and the costs of suing them.

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 Mar 2, 2005 08:21 AM [EST]

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