Answers Posted By Christopher Ezold

Answer to Why are they doing an internal investigation over my termination?

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 you were treated differently due to your race, then you may have a claim of employment discrimination under Title VII and the Pennsylvania Human Relations Act ("PHRA"). If you were treated unfairly, but not because of your race, then you likely have no claim in Pennsylvania. There are a lot of facts missing from your question, so my response is general.

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 Apr 30, 2012 06:02 AM [EST]

Answer to Does my employer hace a right to make FMLA so stressful?

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 your employer is creating extra steps and hoops for you to jump through to take your FMLA leave, then you may have a claim of FMLA retaliation. I am unclear as to what exactly the 3-day issue is about, but merely notifying HR is not going to be retaliation. If the only thing going on is that they want documentation after three days being out, then I don't believe that there is any FMLA violation here.

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 Apr 10, 2012 06:25 AM [EST]

Answer to I'm sorry there is no way to sum this up in 100 characters or less

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 bit of a mess on your hands. I see no liability for you unless your boss can prove you took company assets. I don't see any liability for working with the company's customers, as he has closed the business down and you haven't indicated that you have a noncompete/nonsolicit. Sometimes an employer can get a federal court to issue a noncompete or nonsolicit order if they can prove you cannot do your job elsewhere without 'inevitably disclosing' the former employer's trade secrets. I don't see that here, either.

This doesn't mean he cannot sue you; it just means that you would incur attorney fees to defend yourself and win. The letter from the debt collection attorney does not need to be certified and the fact that the attorney focuses in debt collection doesn't make a difference one way or the other. The letter cannot have any effect except as a threat. They would need to apply for a preliminary injunction or bring a full lawsuit against you to have a court order that would be more than a threat.

The problem you have is that you need to stop him from suing you, and create an appropriate record that will protect your reputation and client relationships down the road. You should discuss this with an attorney ASAP, especially if you are going to carry on business with your former employer's clients.

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 Apr 5, 2012 4:13 PM [EST]

Answer to Is my doctor's return from LOA request unreasonable for my employer?

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 or Federal law apply, unless otherwise specified.

That being said, the facts that you set forth appear to show a clear case of retaliation. Your EEOC claim needs to be amended to include a retaliation claim based on these facts.

You may have other protections besides antidiscrimination laws. For instance, the Family Medical Leave Act (FMLA) may protect you and give you a right to return to your job. The Americans with Disabilities Act (ADA) prohibits discrimination against you due to a disability (which you may have, based on your facts).

You are in a very complicated situation; it is unlikely that a continuation of salary would be obtainable for you now, especially as your employer is aware that lack of income will put pressure on you. You should see an attorney as soon as possible to discuss how to resolve your issues with your employer.

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 Apr 2, 2012 07:48 AM [EST]

Answer to Can management reduce my commission under a signed contract?

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 or Federal law apply, unless otherwise specified.

That being said, many employment contracts with commission provisions also have 'outs' for employers. If the contract was terminable at will, the employer could claim that they terminated it and then 'restarted' your employment at the lower rate. That argument may not hold depending on the facts - how the reduction was communicated to you, etc.

It is very possible, however, that you have a right to the 4% differential in commissions. That 4% may not be worth the fight or the damage it would do to your relationship with the salon, however. There may be some non-legal avenues open to you as well.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephon 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 Mar 19, 2012 4:12 PM [EST]

Answer to 7 months AFTER accepting employment?

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 or Federal law apply, unless otherwise specified.

That being said, it is legal for an employer to demand a noncompetition agreement after employment begins. The agreement isn't enforceable, however, if you are not compensated for it. Continuing employment is not sufficient compensation in Pennsylvania.

Even if you are compensated for the agreement, it appears from your question that it may not be enforceable at all. A noncompetition agreement can only be enforced to the extent that an employer has a 'legitimate business interest' to do so. Mere competition is not such an interest - we are, after all, a free market society. Trade secrets, customer relationships that you were paid to develop and the employer's investment in training you are all 'legitimate business interests.' As your employer does not provide IT services, unless you could not provide IT services elsewhere without inevitably revealing your employer's trade secrets, the noncompete may not be enforceable.

I am not local to you; however, 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 Mar 12, 2012 2:09 PM [EST]

Answer to Question on a Unique Non Competition Agreement

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 or Federal law apply, unless otherwise specified.

That being said, the agreement may be enforceable in Pennsylvania, but it is impossible to tell without reviewing the document. Although California is not friendly to noncompetition agreements, they are not not all void in California; for instance, if they relate to trade secrets, etc., you may find them enforceable.

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 Feb 27, 2012 10:44 AM [EST]

Answer to How do I get out of my Noncompete contract from a previous employer?

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 or Federal law apply, unless otherwise specified.

That being said, you are generally going to be held to a contract that you signed, even if you missed reading a critical part of it. That does not mean that the noncompete is enforceable, however. There are many requirements a noncompete must meet to be valid and enforceable, and they are frequently missed. I'd have to read your agreement and speak to you to determine if it is enforceable.

You mentioned that this is taking a toll on your finances; if you have been terminated by your employer without cause, the noncompete may not be enforceable.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephon 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 Feb 4, 2012 10:15 AM [EST]

Answer to Can an employer or co-worker touch or remove your personal belongings from your desk ?

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 or Federal law apply, unless otherwise specified.

That being said, how the office is arranged is within the discretion of your employer. If your manager and her boss were there and approved the move, then that is their prerogative. Moving your personal belongings is also something they can do. If they damaged your belongings, they would have a legal obligation to pay for the damage.

Just because this is legal does not mean that it is right; from your description, this appears to be very unfair and not good management. Unfortunately, there is no legal recourse.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephon 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 Feb 4, 2012 10:11 AM [EST]

Answer to Retroactive FMLA Application

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 or Federal law apply, unless otherwise specified.

That being said, your wife has put her request in writing which is exactly what you should have done.

The PTO issue is separate from the FMLA issue. If she is back to work, then her biggest problem (termination) may have been avoided. FMLA is unpaid leave; vacation and PTO can be taken concurrently, but not always necessarily (although most employers require both to occur at the same time, if possible).

What I am unclear on is the problem you want solved - do you want to get your wife's PTO payment? A return to work if she has been denied that?

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephon 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 24, 2012 10:33 AM [EST]