Answers Posted By Christopher Ezold

Answer to above

More information is needed.

Mr. Falco:

To evaluate your issue, an attorney would need to review the contract itself and discuss your employment history with you. There are too many variables that apply in the situation you describe to give an informed opinion based on the short fact pattern in your question. For instance, based on the short fact pattern in your question, it is possible that the contract you mention might not be a valid contract at all; if it is valid, you may not be bound by it depending upon the circumstances under which you signed it; your employer's breach of the contract may void the contract; and the terms of the non-compete may be too broad to be fully enforced.

If you wish 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
(610) 660-5585

posted Feb 21, 2003 08:38 AM [EST]

Answer to Non-Compete Validity

It is unlikely the noncompete is still valid in Pennsylvania.

K. Raj:

I believe you posted a similar question recently with different facts. Under the limited facts set forth in this questions, in my opinion it is unlikely that the noncompete is still enforceable in Pennsylvania. Noncompete agreements are generally not transferrable from one company to another, regardless of whether the first company is being sold or merged.

However, if you were paid a premium by the new companies in 2001 or 2003 for your continued compliance with the noncompete, you may have an obligation to abide by it.

The facts in your scenario are limited, and there may be other facts that would change my opinion; should 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 Feb 13, 2003 09:23 AM [EST]

Answer to Company Bought - Does non-compete remain in force ?

It is unlikely Company C can successfully sue you.

Mr. Raj:

I cannot fully answer your question without further information, however, based on the information provided in your question, I do not believe you could be successfully sued by Company C to prevent you from working for a competitor.

To prevent you from working for a competitor, Company C would need a non-compete agreement to enforce. As you did not sign any non-compete agreements, there is nothing to enforce.

In general, you have an obligation to avoid revealing what Company C would call "confidential information" to new employers. Depending upon your employment agreement, the work you performed for Company C and the management level you achieved in the company, they may be able to enjoin you from working for a competitor if in doing so, you would have no choice but to reveal such information. However, it is rare that such a claim is successfully made.

If you wish to provide me with further information, feel free to contact me by phone, email or mail.

/Christopher E. Ezold/

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

posted Feb 10, 2003 11:03 AM [EST]

Answer to legality and fairness of bosses guidelines of travel time wages

Need more information

Mr. Smith:

Based on the information in your question, it appears that you may have a claim for unpaid wages and unpaid overtime. However, I would need significantly more information to give you a more thorough analysis.

For instance, I would need to know what type of work you do, how you are paid, whether you have an employment contract and under what circumstances you travel from shop to site. I do believe that paying you for your time but not 'counting' it towards overtime is indefensible. Whether you have a right to that overtime pay would depend on further information.

If you wish to discuss this issue further, please feel free to call 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 Feb 3, 2003 1:35 PM [EST]

Answer to lay-off while on short term disability

Termination of Employee on Disability Leave

Ms. Hilt:

Whether an employee is taking short-term disability (STD) leave is, of itself, irrelevant to whether you can terminate him. So long as the employee is an at-will employee, you can terminate him regardless of whether he is on any kind of leave. If the employee has a contract or is a union member, you will have to comply with the terms of the contract or collective bargaining agreement.

However, your question becomes complicated if the reason for the termination is related to the disability that caused the employee to take STD leave. Whether the employee can do the job with or without his disability, whether the employee asked for or was given a reasonable accomodation and the impact of doing so on your business are all factors to consider. Furthermore, the size of your business may impact whether certain laws apply to you, and what your obligations are. If you wish to discuss these issues further, please feel free to call me at the below number.

Christopher E. Ezold

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

posted Jan 16, 2003 12:10 PM [EST]

Answer to stress related illness due to job situation

Need more information

Your question cannot be answered without more information. What was the nature of the hostile environment? Did you quit or were fired? If so, when?

With regard to the Workman's Compensation issue, you should file an appeal of the denial as soon as possible, as instructed on the letter you received denying your application.

If you wish to discuss this further, 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 Dec 10, 2002 09:55 AM [EST]

Answer to Re: Discrimination - Am I too late? Is Union culpable, too?

You appear to have a valid claim.

Laney:

You appear to have a valid claim under the Equal Pay Act. If the facts as you state them are correct, you are currently being paid less than similarly situated men doing the same job. Therefore, you may have a claim under the Equal Pay Act that will stretch backwards three years from today. Whether your employer discriminated against you five years ago in placing you in your current position is irrelevant to whether you should be currently paid an equal wage.

However, any claim you may have might be successfully defended against if your smaller salary was due to a bona fide seniority system or other non-discriminatory classification. You should take your claim to an employment attorney for a thorough evaluation. That evaluation would also include a review of your union's contract with your employer. If you are concerned that your union is not representing your interests, or that they would not fairly advise you if you brought this issue to the union's attorneys, you should consult an outside attorney.

If you have any further questions, 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 Ave., Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585 (Phone)
(610) 660-5595 (Fax)

posted Dec 5, 2002 09:16 AM [EST]

Answer to Wrongful Termination?

You may have a claim, but probably not for discrimination.

Mr. Foellmer:

There has been a developing body of caselaw that requires companies who investigate claims of sexual harassment to do so in a responsible manner. The manner in which you were terminated suggests that the stated reason for your termination was not the real reason; this may indicate a basis for a claim that the company conducted an improper investigation, and terminated you for harassment that it knew you did not commit.

Whether you have a discrimination claim for being terminated when four other people were not would depend on a number of factors that I cannot know from the text of your question.

I cannot answer you question further without more information. I would be happy to speak with you; feel free to call me at the below number.

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

posted Oct 16, 2002 4:15 PM [EST]

Answer to Drastic reduction in compensation - Non compete

The noncompete may be invalid.

Mr. Sawyer:

Without reviewing the noncompete you ask about, I cannot give you a definitive answer. However, if you signed the noncompete after you began work with your employer, you may not be bound by it at all. Furthermore, depending upon the nature of the noncompete itself, there are several strategies available to reduce or eliminate the noncompete period altogether. You are correct in noting that a significant reduction in your compensation may also reduce your noncompete obligations.

Again, without reviewing your employment documents and discussing the specifics with you, I cannot provide you with more specific advice. If you have further questions, 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 Oct 15, 2002 2:52 PM [EST]

Answer to Can employer sue employee for at will employment but not in favor of employee for 2 weeks notice?

Cannot answer without review of your contract

Mr. Klingshirn:

Without reviewing your contract, I cannot answer your question. If your contract was at-will with no other payment to you, then it is likely that the $1000 a day damages are unenforcible. Again, without reviewing the contract, I am just speculating.

With regard to the money invested in relocating you, it is also unlikely that the employer could sue you. However, I cannot provide an absolute answer without reviewing your employment history and whatever representations and agreements, if any, were made between you and your employer.

Christopher E. Ezold

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

posted Aug 12, 2002 11:08 AM [EST]