Answers Posted By Christopher Ezold

Answer to sales contractor non compete

Complicated Question

First, I must state that I do not represent you, that we have not met and that I have not reviewed any documents or other material related to your question. Your documents, especially the non-competition agreement and facts which may not be contained in your question may substantially change my answer to your question.

That being said, your question is complex because of the involvement of two states. Each state generally views non-competition agreements under its own test; although the tests of many states are similar, there are always differences. Without knowing the state you are considering working in, I cannot fully evaluate your question. It is likely that Pennsylvania law will not apply to the enforcement of the non-competition agreement in another state.

Furthermore, the answer to your question seems to rest on your employer's business interest in dealings with the 'other newspaper.' In Pennsylvania, and in many other states, non-competition agreements must be reasonable in time and geographical scope and must reasonably relate to protecting a legitimate business interest of the employer. It appears that your current employer has no legitimate business interest in preventing you from working for a company servicing a client your employer does not have. However, without a detailed understanding of your employer's business the industry in general, I cannot give you a thorough answer.

If your employer does pursue you legally, it will cost you time and money regardless of whether you win. Depending on the state that the legal action is brought in, you may be able to recover your costs and attorneys' fees; however, there is never any guarantee that such recovery is possible.

If you have any questions or concerns, please feel free to contact me at the below address or telephone 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 1, 2004 08:10 AM [EST]

Answer to maternity leave

FMLA and maternity leave

I must preface my response to your question by stating that I am not your attorney, that we have not spoken and that your question appears to omit facts that could change my response.

That being said, the general rule under the Family Medical Leave Act ("FMLA") is that if you have worked at least 1250 hours for your employer over the past 12 months and if your employer has at least 50 employees within a 75-mile area of your workplace, you may take up to 12 weeks of unpaid leave. Generally, your employer may require that you use your sick time as part of the leave.

From the facts in your question, your employer may be violating the FMLA if you meet the above requirements. Furthermore, your employer may be discriminating against pregnant women if it allows employees to take more than 5 days of sick time for reasons other than pregnancy.

I cannot fully evaluate your question without more facts; depending on those facts, my opinion may change.

If you would like to discuss the matter further, please feel free to contact me at the addresses and number below.

/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 Feb 24, 2004 1:46 PM [EST]

Answer to Severance Package

A writing is critical.

Before I answer your question, I must state that I do not represent you, that we have not met, and that your question may omit facts that would significantly change my answer. If you want a complete answer or thorough advice, I advise you to conact an attorney for a consultation.

That being said, if you have been promised severance pay in return for meeting a particular production goal, you will most likely have a right to that pay if you meet the goal. However, without the offer being in writing, you may have a difficult time proving your claim.

If you meet the goal by the end of February, by the terms of the offer as you state them, you do not appear to have an obligation to work through March.

Therefore, I would recommend that you write to your employer, stating the terms of the offer, when it was made, that you have accepted the offer and met the goal, and that you look forward to payment on the schedule you were given. You should be very specific about times, dates, amounts and name of those involved.

Furthermore, you should also set forth your willingness to assist through March, and give them an hourly rate, plus a 'package rate,' by which you would provide assistance, and ask for a respnose by March 1.

Your employer's response, or failure to respond, will provide some evidence you can use to support your claim or alert you to any potential for non-payment.

If you have any further questions, feel free to contact me to discuss.

/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 Feb 23, 2004 2:14 PM [EST]

Answer to wrongfull termination, descrimination, wage payment.

You may have claims

Before I answer your question, I must advise you that we have not spoken and that I am not your attorney. Furthermore, I have not reviewed your documents and there are a great many facts that could be missing from your question which might change my answer.

That being said, you appear to have several claims, as well as a valid defense to enforcement of the noncompetition agreement.

The differential treatment you describe does indicate that you were discriminated against based on your gender. Furthermore, being terminated so closely after complaining about differential treatment indicates that you were retaliated against for complaining of discrimination. Therefore, you may have state and federal claims of discrimination and retaliation.

You may also have a claim for violation of the Family Medical Leave Act (FMLA). There are a number of factors missing fro your question that would directly affect your rights under the FMLA, so I cannot be sure if you have an FMLA claim.

If you were not paid for work you performed, you may have a claim for breach of contract and violation of the Wage Payment and Collection Act, which could provide you with lost wages, liquidated damages and attorneys' fees in a judgment in your favor.

Finally, your termination and your employer's behavior may provide you with a valid defense to enforcement of a non-competition agreement. I cannot fully evaluate this issue, however, without having reviewed the agreement itself. Issues within the agreement may also invalidate any non-competition obligations you may have.

Again, there are a number of factors missing from your question that could change my answer. Furthermore, you have a limited time to bring any claims you do have; you should contact an attorney immediately if you wish to pursue your claims.

If you wish to discuss your claims further, feel free to contact me at the address or telephone number below.

/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 Feb 20, 2004 08:44 AM [EST]

Answer to Severance Pay

No general right to severance pay.

Before I answer your question, I must state that we have not spoken and that I do not represent you.

That being said, there is no general right to severance pay in Pennsylvania. Employees only have a right to severance pay if they have an employment contract including severance pay in its terms. Further, the policies and procedures of an employer generally do not create a contractual relationship; therefore, even if the employer's policies and procedures include severance pay provisions, the employer generally does not have to follow them.

I cannot provide a more specific answer to your question, as there are a number of questions left unanswered by your scenario. If you wish to discuss this matter further, please feel free to contact me.

/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 Feb 17, 2004 08:19 AM [EST]

Answer to Fired because new boss doesn't like my style?

Style is not your issue

First off, I must tell you that we have not spoken, and that you have not asked us to represent you.

To answer your question, yes, your employer can terminate you in Pennsylvania because they don't like your style. Unless you have an employment contract, you are an 'employee at will' and in general can be terminated or disciplined for any reason or no reason.

However, from the facts as you relate them, that is not your issue. Your issue seems to be discrimination based on gender; your supervisor told you that 'it's just not good you being a man today' - clearly indicating that she is uncomfortable with you, a man, in a traditionally female position.

You may then have a claim of gender discrimination under both federal and state law. You may be asked to sign a waiver or release of your rights to sue in return for severance pay. I recommend taking that agreement to an attorney to review; your case may be worth significantly more than the small severance that I'm sure they are offering you.

If you would like to discuss this issue further, please contact me at the number or addresses below.

/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 Jan 29, 2004 07:07 AM [EST]

Answer to Am I able to pursue a lawsuit for wrongful termination while receiving unemployment benefits?

You can pursue other legal claims.

Before I answer your question, I must point out that we have not spoken and that you have not retained myself or my lawfirm to represent you.

You will be able to pursue claims you may have against your employer while you are receiving unemployment compensation. If you have signed a settlement agreement with your employer, you may have waived those claims; however, it appears from your question that you have not done so.

From the facts as you relate them, you may have claims for disability discrimination and violations of the Family Medical Leave Act; you may also have claims for denial of benefits under ERISA.

If you wish to discuss your question further, feel free to contact me at the below email address and telephone number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
CEzold@Ezoldlaw.com

posted Jan 26, 2004 11:56 AM [EST]

Answer to lousy deal

Several Issues

Your question raises a number of issues. Before I answer, I must state that we have not spoken and that I do not represent you. Without meeting with you and discussing your concerns at length, there are necessarily going to be a number of facts missing from your question. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues arising within the Commonwealth of Pennsylvania and the State of New Jersey, but not to issues arising within other states. I am assuming from your question that your husband was employed within Pennsylvania.

That being said, your husband's contract most likely controls whether a 'layoff' requires notice; without the contract, I cannot tell you for sure whether notice is required. However, if this is a large layoff at a large employer, the Federal WARN Act may require notice, regardless of the contract. Furthermore, if this is a targeted sham 'layoff', it may raise an inference of discrimination against your husband if he is in a protected class (race, religion, age of 40+, etc.).
A layoff IS a termination, unless stated differently in the contract, which again, I have not reviewed. If there is a definite callback date and/or pay during that time, he may not be 'laid off' at all.

Fighting over a 30-day delay on $9,000 in expenses most likely won't be worth your time and money; the expenses should be due at the final pay date, but payment within 30 days creates little to no damages on your part. Furthermore, depending on how the expenses are structured, the employer may be within their rights to pay within 30 days of termination. The contract may control here, as well.

Finally, there is case law that states a noncompete is not valid if you have been terminated; however, these analyses are VERY fact-specific, and such case law may easily not apply to your husband. I would need to know facts surrounding your husband's job responsibilities, his position, the specifics and reasons behind the layoff and his inclusion in it and the nature of the industry in general to provide a more specific response.

If you would like to discuss this matter further, please feel free to call me at the below number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004

posted Jan 7, 2004 08:54 AM [EST]

Answer to Non-compete

Depends on the Nature of the Association

Without reviewing your contract, no attorney can truly answer your questions.

However, based upon the limited information in your qeustion, the short answer to is that you probably can start your non-profit organization. It appears that your non-profit would not be considered a competitor.

However, you may not be able to start up this nonprofit organization without limiting your ability to provide all your working efforts to your employer.

To give you a thorough answer, I would need to discuss the full nature of your employment and the nature of the non-profit organization, review your contract and discuss the issues with you. If you are interested in discussing your question further, please call me at the below number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cywnyd, PA 19004
(610) 660-5585

posted Dec 17, 2003 11:28 AM [EST]

Answer to RELEASE AGREEMENT BREACH

You may file a complaint

The issue here is whether the Release has been materially breached. Based on the facts as you present them, the Release has been materially brached by your former employer by (a) failing to pay you all of your severance, and (b) engaging in a bad faith coverup of their failure. Therefore, you may file any valid claims you have against your employer in court or before the appropriate government agency. You do not need to send a letter to the company declaring the Release void unless the Release gives the company a right to notice of its breach and/or time to cure its breach. My opinion is based on what you have related in your question; I have not reviewed your documents, and cannot give you a thorough answer without doing so.

You mentioned retaliation; is your retalation claim based upon the layoff or the breach of the agreement?

If you wish to discuss this matter further, feel free to call me at the below number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585

posted Dec 5, 2003 08:22 AM [EST]