Answers Posted By Christopher Ezold

Answer to About non-compete agreement

It is likely that you can continue your business.

Based on the information you provided, it is likely you can continue your business. Non-compete agreements for non-equity employees are generally not transferable to other companies. The fact that you were laid off also makes it likely the non-compete is no longer enforceable.

However, without reviewing the non-compete and discussing your situation with you, I cannot give you a complete opinion. If you would like to discuss this matter further, please call me at the below number 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 Jul 30, 2003 3:53 PM [EST]

Answer to Vacation Pay

You are due earned but unused vacation time.

The short answer to your question is that you are owed any earned, but unused, vacation time. The key word here is 'earned' - depending upon your employer's policies, you may or may not have 'earned' that vacation time.

I don't know your employer's policies nor the specific facts behind your question, so I can't answer you fully. However, if you would like to discuss this matter further, feel free to call me at the 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 Jul 15, 2003 3:20 PM [EST]

Answer to Overtime & Comp Time

You may be an hourly employee.

From the facts in your question, you are likely an hourly employee, and are owed overtime pay (time-and-a-half) for all OT hours worked. This is most likely why your supervisor said 'comp time is not an option' - because under the law, employers of hourly employees must pay in cash, not time. You may also be owed certain benefits, such as vacation pay, depending on how 'hourly' employees are paid these benefits.

However, whether you are due overtime pay is determined by a complex balancing test with almost 20 factors to consider. I cannot give you a thorough opinion based on the facts in your question alone. Therefore, if you wish to discuss this issue further, please feel free to call me at (610) 660-5585.

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

posted Jul 14, 2003 08:37 AM [EST]

Answer to non compete in Pa.

1999 non-compete may be enforceable

Unfortunately, non-compete agreements signed after the beginning of employment are generally not enforceable. Therefore, it is likely that the 1999 noncompetes are not valid.

However, if your 'key employee' misrepresented her signing of the 1989 non-compete, you may have a cause of action. Furthermore, depending on the nature of the 'switch to LLC' you may be able to argue the new non-competes are valid.

I cannot give you a solid opinion without further information. If you wish to discuss this issue further, please call me at the below number.

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

posted Jul 10, 2003 09:22 AM [EST]

Answer to Havent recieved my Expenses

'Should' vs. 'Can'

Whether you 'should' take them to court is not a question that can be answered in this limited forum.

However, I can tell you that you 'can' take them to court right now. Every municipality has at least one District Court, with jurisdiction over misdemeanors, traffic violations and small claims under $8000.

If you and your employer are both in Pennsylvania, and because the sum is less than $8000, you can file a claim in your local District Court, or in the local District Court in the jurisdiction where your employer has a place of business.

Costs for this filing are low, you don't need an attorney and you can prove your claim by using the normal business documents that you would have submitted to your employer.

If you lose at the District Court level, you can hire an attorney and appeal the decision to Common Pleas Court.

Incidentally, if you have a written record of your demand for payment and more than thirty days has passed with no substantive response, I'd recommend filing in District Court.

Good luck.

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

posted Jun 25, 2003 2:30 PM [EST]

Answer to Havent recieved my Expenses

Should vs. Can

posted Jun 25, 2003 2:25 PM [EST]

Answer to vacation pay after lay off

They are entitled to vacation pay they have earned.

In Pennsylvania, if you have earned your vacation pay, you are entitled to be paid your vacation pay when you are terminated. However, whether you have 'earned' that pay depends on the policy of the company. I can't give any further advice without looking at the policies and understanding how and when the employees were terminated.

If you wish to discuss this issue further, please feel free to call me.

Christopher E. Ezold

Nancy O'Mara Ezold, P.C.
401 City Line Ave., Suite 904
Bala Cynwyd, PA 19004

posted Jun 3, 2003 2:50 PM [EST]

Answer to Never signed a contract

You may not be liable.

It is difficult to answer your question, as there are a number of facts I do not know, especially surrounding the alleged 'verbal' non-competition agreement. For instance, the terms of the contract, how other severed employees were treated, the normal policies regarding severance and your communications with your employer regarding severance are critical missing facts.

However, based on the facts that you set forth, you appear to not be liable for the return of the severance monies. Your employer paid you severance, and then put a post-hoc condition on that severance, to which you never agreed. The company may be able to stop its severance payments to you, but cannot collect on the paid monies. Furthermore, I find it highly unlikely that a court would allow an award of attorneys' fees. Finally, the terms of the non-compete themselves may not be enforceable, regardless of whether you agreed to them or not.

Please remember that this opinion is based on only a small portion of the facts, and may be incorrect. If you wish to discuss this issue 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

posted Jun 2, 2003 11:25 AM [EST]

Answer to Expungement of disciplinary records of past employers

No.

Mr. Himes:

There is no mechanism for 'expungement' of employment records. They are not public records, such as criminal rap sheets, and are essentially privately held compilations of data.

If the disciplinary record is both false and defamatory, you may have a claim for defamation if it is provided to others. However, in Pennsylvania, employers have a limited privilege to defame former employees in the context of references.

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

/Christopher E. Ezold/

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

(610) 660-5585

posted May 16, 2003 09:47 AM [EST]

Answer to grounds for relief

You may have grounds for relief.

Some courts have held that noncompete agreements are invalid if they are not signed on or before the first day of work. If you signed the noncompete several days after you began work, it may therefore be invalid. Whether or not you had an attorney review the document is probably not significant to a court's analysis of the case.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 1904
(610) 660-5585

posted Mar 12, 2003 2:24 PM [EST]