Answers Posted By Christopher Ezold

Answer to unfair treatment because of race.

You appear to have a claim for employment 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 have a claim of employment discrimination. You have described what appears to be differential treatment: you are being treated differently than your white co-workers because of your race. The differential treatment you describe is illegal under Pennsylvania law and Federal law.

You may not bring your claims directly to court, however. First, you must bring them before an administrative agency. You have 180 days to bring your Pennsylvania claims before the Pennsylvania Human Relations Commission ("PHRC"), and 300 days to bring your Federal claims before the Equal Employment Opportunity Commission ("EEOC").

You do not need an attorney to bring your claims before the PHRC or the EEOC, but I highly recommended that you retain an attorney before filing.

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 Dec 15, 2004 08:13 AM [EST]

Answer to Non Compete - Other Employees were Offered Clients

If the Employer goes out of business, it won't be enforcable.

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, to be enforcable, among other conditions a non-compete agreement must protect a legitimate business interest of the employer. If the employer has gone out of business, it will no longer have a legitimate business interest in preventing you from providing services to its clientele.

If you employer does not go out of business, the enforcability of the noncompete will depend on facts that are not set forth in your question, such as when you signed the noncompete, whether you were paid for it, etc.

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 Dec 10, 2004 11:51 AM [EST]

Answer to Unauthorized stoppage of 401K contributions and severance overpayment

You should act now.

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 should act now to preserve any rights you may have. You should address the issues in writing with both ADP and your employer, and such written notice should be sent by a trackable mail service (FedEx, etc.). Taking money that you intend for depositing in your 401(k) account may amount to theft as well as violations of ERISA, the Pennsylvania Wage Payment and Collection Law and banking and securities laws.

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 Dec 6, 2004 4:15 PM [EST]

Answer to politics

No.

The Twenty-Second Amendment to the Constitution prohibits any person from being elected more than twice to the office of President of the United States of America. Therefore, having been elcted and having served two terms in office, Clinton may not be elected president again.

/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 Dec 6, 2004 08:40 AM [EST]

Answer to Musical performer employed with restuarant

You may have rights under federal and state anti-discrimination laws.

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 pays African-American employees less than caucasian employees for the same or similar work, they are likely engaging in illegal employment discrimination. Your status as an independent contractor is irrelevant under Pennsylvania's Human Relations Act (PHRA); you still have the same right to be free from discrimination that a regular full-time employee has. You may also have similar claims under Federal laws, but your damages would be identical.

Your recourse is to file a complaint with the Pennsylvania Human Relations Commission (PHRC); you must do so within 180 days of a discriminatory act to maintain your rights. A pattern or practice of discriminatory behavior (such as regular pay disparities) will generally be considered a single act for the purpose of the 180-day filing limit. You do not need an attorney to file a complaint with the PHRC, but it is generally advisable.

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 Dec 6, 2004 08:34 AM [EST]

Answer to Severance agreement withdrawn by my employer

You do not appear to have a legal right to the original severance package

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 do not appear to have a legal right to the original severance package. In Pennsylvania, there is no right to any severance pay, other than what is contained in a contract.

A contract is, essentially, an offer that is accepted. The original severance document was an offer that gave you up to 21 days to consider it. That 21 day period may be where your confusion began. Although you had 21 days to 'consider' the offer, you did not have 21 days to 'negotiate' the offer. When you 'negotiated' the terms of the offer, you were, under the law, rejecting the original offer and counter-offering your own proposal. That rejection by counter-offer prematurely ended your 21 day consideration period.

Once you legally rejected the company's offer by counter-offering, their deal is off the table, so to speak, and your proposed deal is on the table. When the company declined your offer, they did not have an obligation to re-issue their original offer.

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 Nov 29, 2004 08:28 AM [EST]

Answer to specified or implied non-compete for mobilized reservists?

There are no effective noncompete policies.

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, noncompete 'policies' are not effective in Pennsylvania, or in any other state I am aware of. You must sign a noncompete agreement before it can be enforced against you, and you must get something in return for your agreement not to compete (i.e. new employment, a raise, a promotion, etc.). I suspect what is actually happening is that your employer is attempting to avoid its obligation under USERRA to rehire you after your military service. Whether they have that obligation or not depends on factors that are not set forth in your inquiry.

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 Nov 18, 2004 07:59 AM [EST]

Answer to Commission Deduction

An employer can't change your pay after you have earned it.

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 employer may not change your pay after you have earned it. The difficulty is whether you have 'earned' your commission prior to the pay date. You have clearly done the work, but the courts have held that a commission is not earned until the money comes in to the employer. The employer's policies may also impact your right to the commission (i.e. requiring you be employed on the pay date, etc.). Should you have not technically earned your commission, the courts may allow your employer to change the commission structure after you have done the work but before the pay date. However, without further knowledge of the facts, I cannot give an opinion on whether you have technically earned your commission.

Regardless of whether you have technically earned your commission, it is grossly unfair to change your pay scale after you have been enticed to do the work under the old pay scale. It is likely that a judge or jury would not hesitate to find in your favor, techical earning aside.

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 Nov 5, 2004 08:16 AM [EST]

Answer to severence pay contract

Severance issues

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 two problems; first you are concerned about your severance, and second, you are concerned about unemployment.

With regard to severance pay, you generally have no right to severance in Pennsylvania unless it is provided by contract. Unless you had an employment contract that provided severance for you, the termination agreement they gave you (which, I assume, also waived your rights to sue the company) would be the only instrument that would give you severance. Because neither you nor the company signed it, it appears that they withdrew the offer when they discovered you had thrown out the keys.

With regard to unemployment, the employer has a limited time to challenge your application. Until they do, there is nothing an attorney can do for you.

A third issue you may not have considered is whether other employees were terminated or disciplined for acts similar to yours. If not, you may have a claim for the termination.

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 Nov 2, 2004 2:01 PM [EST]

Answer to Payment for unused vacation days in PA

Your husband is likely due his vacation pay.

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 or your husband. 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 husband is likely owed payment for his unused vacation time. Such payments are owed workers once they have "earned" their vacation time. The employer's failure to have any policies on the matter will require a court to review the actual practices of the employer, which, in my experience, are generally all over the lot. The fact that it is late in the year will provide a good argument that the vacation has already been 'earned,' as well.

Generally, earned vacation pay is due within 30 days of the termination date; failure to pay within that time, absent a good faith reason for not doing so, will subject the employer to a 25% penalty on the unpaid wages.

You should contact the employer, in writing, and using a signature delivery service (i.e. FedEx, UPS, etc.), to demand the payment within one week. If no payment is forthcoming, you should file a claim in your local District Court (i.e. 'small claims court').

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 Oct 21, 2004 2:44 PM [EST]