Answers Posted By Christopher Ezold

Answer to Unintentional bounced payroll check to an employee

Make sure employee is paid within 30 days.

There are a number of issues raised in your question, some of which are hard to answer based on the limited facts. You need to clarify what the circumstances are surrounding the "small window of missed opportunity" - essentially, whose fault was it that the funds did not clear?

Your question also does not indicate whether the wages have been paid. This is the single most important fact necessary to an evaluation of your question.

Under the Pennsylvania Wage Payment and Collection Law, you must make sure that all wages are paid within 30 days of their due date, or you may be subject to penalties above and beyond payment of the wages themselves.

If you have paid your employee within 30 days of the date the wages were due, I see no basis for a suit against you. This opinion, of course, is based on the incomplete information in your question, and may change based on facts not set forth in your question.

If you wish to discuss this issue 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
(610) 660-5585

posted Dec 1, 2003 2:28 PM [EST]

Answer to non-payment

Hire an attorney or complain to the Bureau of Labor Law Compliance

You have two basic methods of getting your wages. First, you can retain an attorney to pursue your rights. Second, you can file a complaint with the Pensylvania Bureau of Labor Law Compliance. The complaint form can be found here: http://www.dli.state.pa.us/landi/cwp/view.asp?a=142&q=201211. />
The Bureau of Labor Law Compliance will not charge you for investigating your complaint. However, their obligation is not to represent you, but to enforce the law. My experience has been that they will generally accept the employer's records regarding your hours worked. If you were "off the books" you may have a problem proving to the Board that you were employed at all. Therefore, you may be better served by hiring an attorney, who may be able to take the case on a contingent fee (where you don't pay the attorney unless the attorney collects your wages).

If you wish to discuss the matter further, feel free to call 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


posted Nov 17, 2003 4:02 PM [EST]

Answer to Can an employee be fired while on doctors no work order

Possibly

I cannot evaluate your question fully without knowing more facts; however, the answer is "possibly."

The answer to your question most likely lies in whether your fiancee's employer is bound by the Family Medical Leave Act ("FMLA"). Does his employer have 75 or more employees? If so, then they are likely bound by the FMLA, and are required to give him 12 weeks of unpaid leave if he requests same. Otherwise, the employer may be able to terminate your fiancee for not returning to work, regardless of the reason. If your fiancee cannot return due to genuine medical reasons, he would likely be able to collect unemployment compensation.

Regardless of whether they are covered by the FMLA, your fiancee should look into any disability insurance provided by the employer ASAP, as it will likely be terminated by Wednesday.

If you have further questions, please feel free to contact me at the below telephone number.

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

posted Nov 10, 2003 4:11 PM [EST]

Answer to Need to know if I can take any action about my termination...that happened during psychiatric treatm

You may have a course of action.

The facts as you state them indicate the potential for legal claims that may save your job. These potential claims depend on how other employees on leave are treated and the dates on which you left and must return. However, I cannot fully evaluate these potential claims without significantly more information.

You may have a course of action; however, it is likely that no matter what course you take, you are going to have some tough decisions to make.

If you cannot return, there are several actions that you must take to both preserve your claim to unemployment and/or to pursue SSI disability insurance.

I would be happy to discuss your situation with you. 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 Oct 30, 2003 08:05 AM [EST]

Answer to what can I do ?

You may have a course of action.

From your posting, I take it that you are a female employee who may be replaced by a male employee who has 'complaints' against him.

Generally, employers have the right to put anyone they want in positions of power, regardless of their abilities. In other words, an employer can choose an idiot over a star for promotion or retention. However, an employer may not base their choice, even in part, on the gender of the employees involved.

Therefore, if the employer has hired/promoted/retained women with 'complaints', you may not have a claim. However, if women are only promoted or retained with excellent work records, while men are promoted or retained even if they have horrible records, you may have a claim of employment discrimination.

If you believe that your employer is discriminating against you, you should complain, IN WRITING, to your supervisor, HR, and any EEO officer the employer has.

If your employer retains the male employee, but not you, you may have claims of employment discrimination. You should speak to an attorney to fully explore your options.

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

posted Sep 25, 2003 09:53 AM [EST]

Answer to Disclosure of deceptive pricing to customers - legal risk to me

There may be a way to deal with this situation

Whether you are at risk of litigation is different from whether you can be successfully sued. Your old company may choose to sue you for such disclosures, even if they don't have a leg to stand on. The real question is whether they would be successful in suing you. I cannot give you a thorough answer without knowing more of the facts.

The facts as you state them raise several complicated issues. First exactly how 'deceitful' are the pricing schemes? Depending on whether they range from mere puffing to outright fraud, you may have the ability to disclose the information without being liable. Were you involved with the deceit? Are there state or federal regulations being violated by your employer's behavior? Finally, how was the money retained, and were any of the customers governmental in nature?

You may be able to disclose the information; however, depending on the answers to the above questions (and many others), I would advise you to disclose the information to the customers directly, OR to a law enforcement agency, OR to send a direct letter to the owner/board of directors of your company.

If you would like to discuss this matter directly, 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 Sep 24, 2003 2:13 PM [EST]

Answer to Severance Package Acceptance

Take your time

If you accept a severance package, that does not automatically waive your rights to sue for discrimination; the package would need to contain a specific statement that you agree to such a waiver.

You should ask for 2 weeks to consider the agreement; it is likely the agreement will give you at least three, plus several days to rescind the agreement after you sign it.

The ad does not, in and of itself, give you a legal right of action. It may, however, be evidence of a disriminatory motive in 'laying you off.'

If you think you may have an age discrimination case (and you must be over 40 to have one), you should take the agreement to an attorney to discuss.

Good luck.

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

posted Sep 15, 2003 2:35 PM [EST]

Answer to PA non-compete is it valid

The answer is complex.

The question you raise may not be the question you want answered. From the facts that you set forth, I cannot tell whether your noncompete is valid; there are several factors missing that would need to be evaluated. It may well be true that your noncompete is valid. The language you provided is likely overbroad, but would most likely be restricted by a court, not thrown out.

However, the question you want to ask is whether working for the partner company violates the noncompete. If the partner company does not compete, then there is no violation. Again, without further information I cannot fully evaluate your question. It does seem that there is the potential for violation of the agreement, but that the potential violation may be avoided.

If you wish to discuss this issue further, please feel free to call me at my number, below.

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

posted Aug 19, 2003 1:55 PM [EST]

Answer to forced OT in PA?

Forced Overtime is Legal

Generally, in Pennsylvania, an employer may require that their employees work overtime as part of their job. However, if your employer is singling you out for OT because of your age, race, gender, etc., you may have a claim.

posted Aug 15, 2003 09:03 AM [EST]

Answer to Back wages

You most likely have a valid claim.

From the facts that you set forth, you most likely have a valid claim. The primary question seems to be whether your employer has the assets to pay your claim. Nearly all wage claims have provisions that require the employer to pay successful employee plaintiffs their attorneys' fees and costs; therefore, if the company has the assets, it generally is in your interest to pursue the claim.

Besides wage claims, you may have claims for misrepresentation and/or fraud, if your employer purposefully mislead you about their ability and/or intent to pay your wages, or the wage structure they were going to use to compensate you. The lawyer who worked with you may or may not be liable; however, I cannot even venture a guess on that issue without further discussion with you.

Finally, without reviewing the written/oral agreements and the course of conduct between your employer and yourself, I cannot thoroughly evaluate your claim. If you would like to discuss your claims further, please email me or call me to discuss.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue
Suite 904
Bala Cynwyd, PA 190004
(610) 660-5585
CEzold@Ezoldlaw.com
www.lawyers.com/ezoldlaw

posted Aug 8, 2003 06:42 AM [EST]