Answers Posted By Christopher Ezold

Answer to My boss threatened to physically assault me and I quit. Can I sue? Can I collect UC Benefits?

I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. 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, Delaware, New Jersey or Federal law applies.

That being said, if you were in legitimate fear of assault, you will be able to collect unemployment; you should apply immediately. Whether you actually get unemployment depends on whether the employer challenges your right to collect, and if so, who the UC referee believes. Can you sue your employer? Unlikely - as an at-will employee, you have no right to employment. If you had a contract, however, you may have a claim.

/Christopher E. Ezold/

The Ezold Law Firm, P.C.
Employment, Business and Health Law
One Belmont Avenue, Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted Jul 12, 2013 1:23 PM [EST]

Answer to I was fired for Sexual harrassment when can I reapply to the company that fired me?

I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. 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, Delaware, New Jersey or Federal law applies.

That being said,there is no legal prohibition against your husband applying for work with his former employer at any time. He could have legally reapplied the day after he was fired. However, if he was fired for sexual harassment, I would be surprised if he was rehired. The company has no obligation to consider his application, let alone rehire him.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.

/Christopher E. Ezold/

The Ezold Law Firm, P.C.
Employment, Business and Health Law
One Belmont Avenue, Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted Apr 3, 2013 07:12 AM [EST]

Answer to I was laid off from a temp agency and no work was available. Will my non-compete still hold up?

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, Delaware, New Jersey or Federal law applies, unless otherwise specified.

That being said, I would need to review your noncompete to give you accurate advice; however, if you were laid off for no fault of your own, and there was no work for you at the time, then it is likely that the noncompete would not be enforceable. The fact that old employer is offering you another position is a new twist that I don’t believe has been reviewed by the courts. The prior employer’s behavior regarding your health information is likely not going to be legally relevant; however, there may be other reasons why your noncompete is not valid. You should speak with an employment attorney ASAP. I handle noncompete matters regularly and would be happy to discuss with you.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.

/Christopher E. Ezold/

The Ezold Law Firm, P.C.
Employment, Business and Health Law
One Belmont Avenue, Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted Mar 22, 2013 07:15 AM [EST]

Answer to shouldn't I receive a severance 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. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies, unless otherwise specified.

That being said, there is a big difference between unfair and illegal. It is unfair, but would only be illegal if you were being treated differently due to your race, age, gender, disability, etc., than similarly situated employees - which means employees being laid off from the recall and not the initial layoff.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.

/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted Jan 30, 2013 2:18 PM [EST]

Answer to Can you be denied overtime working for two related companies.

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, New Jersey or Federal law apply, unless otherwise specified.

That being said, it appears as if you are really working for one employer, or are a 'joint employee.' If there is shared control, the employers are not truly disassociated from each other, etc., your time for both would be merged together in calculating overtime. It appears in this situation that you are owed overtime, but I'd have to review all facts and circumstances with you to give a firm opinion.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.

/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted Sep 24, 2012 3:58 PM [EST]

Answer to Can my salary be docked?

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, New Jersey or Federal law apply, unless otherwise specified.

That being said, you have a number of potential issues; it appears as if you are not an 'exempt' employee under the Fair Labor Standards Act ("FLSA"), and have a right to be paid overtime. If so, you have a claim under the Wage Payment and Collection Law as well. Both claims give you your right to wages, plus extra damages and attorneys' fees.

You may also have a breach of contract/nonpayment of wages claim if any 'docking' was retroactive.

You have a short time to bring such claims; you should speak with an attorney ASAP.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.

/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted Sep 12, 2012 12:46 PM [EST]

Answer to after calling HR i was retaliated against. what can i do?

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, New Jersey or Federal law apply, unless otherwise specified.

That being said, it sounds as if you are being retaliated against. Employers can legally retaliate unless the retaliation is due to (a) your race, age, gender, etc., (b) your complaint of discrimination or supporting someone else's complaint, (c) your having taken advantage of worker's comp or unemployment or demanded that your wages be paid correctly, or (d) you are a whistleblower for certain types of complaints. The whistleblower laws generally require that you make a complaint to the government, which you do not appear to have done. You should see an employment attorney ASAP to see whether and how you can protect your rights.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.

/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted Aug 29, 2012 07:29 AM [EST]

Answer to Can a non-compete clause be enforceable if my distributor's area has changed?

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, New Jersey or Federal law apply, unless otherwise specified.

That being said, a noncompetition agreement is only enforceable as long as the employer has a legitimate business interest to be protected. If the employer cannot do business within a certain area for reasons that are not your doing, then there is a good argument that there is no legitimate business interest to be protected. This is a tricky area of the law, however, and I'd need to review your contract and the facts of your situation to give you specific advice.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.

/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted Aug 2, 2012 11:39 AM [EST]

Answer to Can my employer enforce 3rd party do not compete I was not aware of?

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, New Jersey or Federal law apply, unless otherwise specified.

That being said, I find the situation you describe very curious. Why on earth would these competitors sign such an agreement? What would they get for it? I suspect that the agreement isn't enforceable, if it exists at all (he may have lied to you about it), but I cannot tell unless I review the document. If he contacted every competitor with the aim of pretending to offer his company to them in order to get a nonsolicitation agreement from them, which he would then use as an asset in selling his company to a real buyer, then I suspect the agreement is not enforceable at all.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.

/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted Jul 3, 2012 11:52 AM [EST]

Answer to Is the non-compete agreement still valid after the sale of the company?

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, New Jersey or Federal law apply, unless otherwise specified.

That being said, if the noncompete is valid, AND if the company is being sold and not just the assets, then yes, you would be bound after the sale. However, if the assets are being sold and the noncompete does not have an assignment clause, it won't be enforceable by the new operators of the business.

Furthermore, noncompetition agreements are not always valid; there are many technical requirements that they must meet; yours may not be valid. You should have this reviewed by an attorney.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.

/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted May 23, 2012 4:32 PM [EST]