Answers Posted By Christopher Ezold

Answer to Sister entitled to intermittent fmla

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, FMLA leave may be taken for a number of circumstances:

1. for the birth and care of a newborn child of the employee;
2. for placement with the employee of a son or daughter for adoption or foster care;
3. to care for a spouse, son, daughter, or parent with a serious health condition;
4. to take medical leave when the employee is unable to work because of a serious health condition; or
5. for qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation.

None of these circumstances include sisters or brothers. Some employers have expanded their coverage to allow for FMLA leave to care for a sister or brother; those employers will be held to their expanded coverage. Otherwise, it is unlikely that any employee could get FMLA leave to care for a sister or brother.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or 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 Sep 19, 2011 12:31 PM [EST]

Answer to My son was terminated from his job for a probation violation he is in jail they refused work release

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, if your son cannot go to work because the authorities refused a work release, then your son does not have an employment matter, he has a criminal law matter. Unless your son has a contract with his employer that would give him the right to a job even if he is unable to work or cannot obtain a work release, or if his employer is somehow responsible for his wrongful incarceration, there would be no claim against his employer.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or 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 Sep 12, 2011 2:30 PM [EST]

Answer to Not getting paid and not receiving the copy of the contract is a branch of 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, if your contract provides for payment every two weeks, you are due payment every two weeks. If your employer does not pay you on the scheduled payday, you can institute a claim under the Wage Payment and Collection Law *("WPCL") for your unpaid wages, attorneys' fees and a 25% penalty. If your employer pays you within 30 days of your missed pay period, you will not be able to obtain the penalty damages under the WPCL. You will still obtain your wages and attorneys' fees, however.

PA law does NOT allow a company to delay payment of wages for thirty days. It merely does not require the employer to pay penalty damages if wages are paid within that time.

Therefore, if your employer has missed your pay date, even though he doesn't have to pay penalty damages, he will not be found 'blameless.' I would have to see your contract and the language it uses, but it appears unlikely from the facts you set forth that you would be responsible for his attorneys' fees.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or 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 Aug 1, 2011 04:57 AM [EST]

Answer to How many weeks vacation is my employer on the hook for?

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, there is no right to vacation pay under Pennsylvania law. Instead, vacation rights are generally governed by either your employment contract (if you have one) or the employer's policy. I have never seen an employer policy that would allow payment of next years' vacation to an employee that leaves employment this year. It is within the realm of possibility, however - just very highly unlikely. I would have to see the policy itself, or the contract language if contained in your employment contract, to have a better idea of your rights.

If, however, your rights have already been earned (sometimes called 'vesting'), then they cannot be taken away by your employer. Again, vesting is generally controlled by the employer's policy or your employment contract.

If a policy is vague, a court may very well construe it against the employer and in your favor. Vesting of next year's vacation rights before the end of this year, however, is so unusual that a court is not likely to enforce that kind of right unless it is specifically set forth in a policy or contract.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or 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 Aug 1, 2011 04:44 AM [EST]

Answer to What should i do?

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, 'harassment' in the workplace is generally only illegal when it arises from illegal discrimination, such as discrimination based on race, gender, age, disability, etc. Legally, sexual harassment is a type of gender discrimination. In your case, the harassment does not appear to be sexual or otherwise based on a protected class status, but is due to a personal conflict. While unfair and upsetting, it is not illegal.

If your friend lies about you or distorts reports of your work performance to get you fired, you may have claims of defamation or interference with contract (your employment agreement with the company, even if it is an oral, at-will employment agreement). What you want, however, is a secure job and not a claim.

The best thing to do at this point is to approach HR with the issue, advise them that you have a problem with your supervisor and that you have been unable to work it out through civil discussion, and ask for assistance in resolving the problem. You should determine beforehand, however, whether company policy would require you to approach your General Manager first - you don't want to create problems with the GM if he/she interprets your actions as 'going over' his/her head. Putting the issue on th record, and maintaining a civil demeanor during the process, will go a long way to getting the issue resolved.

Be careful to avoid 'whatever' and other similar comments to your supervisor, as they can be interpreted as wilfull disobedience and result in both termination and denial of unemployment benefits.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or 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 Jul 21, 2011 08:49 AM [EST]

Answer to Where can I obtain the current FMLA document for PA & DOL

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, my answer, below, was to a question that you appear to have posed earlier and edited. I am not sure what 'FMLA document' you are referring to; the FMLA and its regulations are themselves available online at both the federal DOL website and other private and commercial websites; you can find them with a search.

An employer is allowed to require certification of your medical condition from your 'health care provider.' The FMLA defines a 'health care provider' as a doctor or, among other professionals, a physician's assistant that is licensed to practice in your state. If you have a certification from a physician's assistant, that should be enough to satisfy your burden under the law.

Practically speaking, however, a physician's assistant is generally required to be closely supervised by a physician. You likely could obtain a certification from that physician without much difficulty. It is likely not worth fighting HR over the issue if your doctor will sign the certification.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or 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 Jul 19, 2011 05:48 AM [EST]

Answer to Can I sue for being falsely represented/quoted on Board Meeting Records?

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 first priority should be to ensure that you can prove that you were not part of the Board. If you know the dates and times of the alleged meetings, you should gather evidence to show that you were not there; i.e. receipts, witnesses, etc. You should also send a letter to your former employer, FedEx or by some other form of delivery that generates a receipt, in which you unequivocally state that you were never a member of the Board, never attended any meetings or participated in any decisions of the Board, and that you demand that the minutes and records of the company be immediately amended to remove such representations.

If you believe that the investigation is focusing on acts or decisions that you allegedly participated in, it may be wise to have a lawyer contact the authorities to set the record straight. I would not advise doing this by yourself, however.

If the falsified documents or allegations become public, you may have a claim for defamation, if the acts ascribed to you would lead others to believe that you had engaged in illegal or unethical business conduct.

If you feel that there is a very significant liability immediately hanging over your head, you might be able to bring and action for declaratory judgment; this action is a request that the court make a legal ruling with regard to your rights and liabilities under a contract. If you had a written contract with the employer, you may be able to file such a claim to have the court declare that your contract did not make you a Board member. This would be an unusual use of the process, however, and likely would not be available if you were an employee at will with no written contract.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or 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 Jul 16, 2011 05:47 AM [EST]

Answer to Can a EEO complaint supplement a case file after AJ decision by before Appeal?

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, I am a little unclear on the exact status of your case. Generally, claims are brought first to the EEOC, you do not appeal to the EEOC. If you have a hearing before the EEOC, the person conducting the hearing is not an ALJ (Administrative Law Judge), but merely a referee employed by the EEOC. The 'hearing' is really nothing more than a meeting. If you need to appeal an adverse decision afterwards, you would generally file a complaint with the Federal District Court for your jurisdiction; the claims in that complaint would have to fairly match the claims in your EEOC complaint. There are some instances where claims that have not been specifically raised before the EEOC, but the facts of which have been alleged and reviewed by the EEOC and disclosed to the employer, can allow you to raise those specific claims before the Court.

If you have a hearing through a union contract before an arbitrator, or some other process,my comments might change.

The first question, then, is which agency or entity is investigating your claim? The second question is whether your claims are in part pursuant to or governed by a contract or collective bargaining agreement.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or 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 Jul 15, 2011 07:36 AM [EST]

Answer to About to return from FMLA & my employer changed my hours of work from 9a-5p to 1p-5p. Is this legal?

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, if you are a "Key Employee" your employer has to notify you of that fact in writing. I am assuming from your question that you did not receive any such notice.

Furthermore, an employer can eliminate your position while you are on leave IF the employer would have done so anyway. This can be a heavy burden for an employer to meet. If the employer did eliminate your position and create a new, part-time, position, then it might have a defense. That's a bit unlikely, however.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Chair of the Board,
Magellan Leadership Group

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 Jul 11, 2011 12:05 PM [EST]

Answer to Do they owe me accrued vacation pay

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, all I have to add to Mr. Leah's answer is that if your employer's policies are silent on the issue, the Court will presume that accrued vacation is not paid out upon termination. However, if your employer has no policy, but a history or practice of paying out accrued vacation, then the policy can be established through the employer's actions.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or 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 Jul 8, 2011 1:12 PM [EST]