Answers Posted By Christopher Ezold

Answer to Late Pay and Covenent Not to Compete

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, Mr. Goldner's answer is right on the money. Furthermore, if you have been laid off through no fault of your own, the noncompetition agreement may not be enforceable against you. Generally, an employer has to have a 'legitimate business reason' for enforcing the noncompetition agreement. The courts have stated that if the employer has decided it doesn't need to keep you, then it likely does not have a legitimate business reason to keep you from working.

Also, if the employer breaches the employment agreement with you (i.e. by not paying you), then that may also be an effective defense against a claim that the employer wants to enforce your end of the bargain (i.e. the noncompetition agreement). I'd need to see the employment and/or noncompetition agreement(s) to give you a firm opinion.

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 05:40 AM [EST]

Answer to harassment

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 were falsely accused of sexual misconduct, then you may have a defamation claim against the person who made the false statements. I would need more facts concerning the statements, however, before I could give you a firm opinion on the claim.

You mention 'constructive discharge,' which tells me that you have not been fired. To have a claim of hostile work environment, it must be based on some type of discrimination - i.e. a hostile work environment because you are a woman, because of your race, etc. Furthermore, if you have not suffered a 'negative employment action' - i.e., termination or lost wages - your legally awardable damages might be very low. I would need to know the particulars of the harassment and the environment. If you are being accused by a person who cannot stand women working in the office, you may have a claim for discrimination.

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 Jun 14, 2011 05:51 AM [EST]

Answer to Abusive Work Environment - is there anything I can 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, a hostile work environment, by itself, generally does NOT create a legal claim. If the hostile work environment is based on your gender, age over 40, race, religion, disability, etc., then it may create a legal claim.

If you are not being paid at an overtime rate of time and a half for hours worked over 40, you may have a claim for the unpaid overtime, plus a doubling penalty, and your attorneys' fees. If you are fired for bringing an overtime claim, you would have a claim for retaliation and/or wrongful termination in violation of public policy. The retaliation claims are frequently easier to prove than the underlying wage or discrimination claims.

The anxiety you are experiencing is a normal reaction to a bad situation; I have seen this reaction in many of my clients. Regardless of whether you have a legal claim, it is clearly in your best interest to find a new job.

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 Jun 13, 2011 08:44 AM [EST]

Answer to In regards to a Non-Compete Contract does the following mean 12 months, or 12 months after working.

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 language means that you will not compete both (a) during your employment and (b) for 12 months after your employment. The language stating that your noncompetition obligation is effective regardless of why you are separated from your employer is generally not enforceable; if you are terminated for no fault of your own, then the noncompete is unlikely to be enforceable. Furthermore, depending on your position and the business(es) engaged in by your employer, it may be possible that you could work for a competitor, if it is an area completely outside of your experience with your current 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 Jun 6, 2011 4:58 PM [EST]

Answer to If an employer misrepresented job, do I have to pay back moving costs?

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 hard to assess your problem without reading the documents from your hiring and the contracts you have signed. If the position was misrepresented, you may have a defense to claims for reimbursement of moving expenses. The problem is that a well-written contract will state that oral promises are irrelevant. Furthermore, the law generally does not like to look at oral promises when evaluating a written contract.

Therefore, your contract terms are critical. If the job you are doing now is significantly different from the one set forth in the contract, you may have a defense.

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 May 28, 2011 2:46 PM [EST]

Answer to Do I have a non-compete clause on me?

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 best way is simply to ask your former employer. Do it in writing, by email or registered mail/FedEx. If there is a noncompetition agreement in place, you'll get a response fairly quickly.

If you don't want to contact your former employer, you could reach out to other former employees and see if they signed one.

There is no database of these documents, and they are not filed with the government or the courts.

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 May 19, 2011 10:27 AM [EST]

Answer to What is indirect competition?

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 have a very complicated situation, and potential issues with both 'direct' and 'indirect' competition. There are a large number of facts that are not in your question which an attorney would need to know to give you a thorough answer.

'Indirect' competition does not have a precise definition, but is generally inserted into noncompetition agreements to prevent former employees from using other employees at a new employer as stand-ins; i.e. telling another salesperson at a new employer what clients to approach and how to do it.

Your legal options are largely going to be determined by (a) the facts of your employment and subsequent jobs, and (b) whether you are sued or not. There are many reasons that a noncompetition agreement can be invalid or unenforceable; whether these apply to your situation would be determined by the facts, which I do not yet know.

Attorney Goldner is correct; you should not wait to see if you are sued, but should meet with an employment attorney ASAP to review your issues and how to approach them. If you can head off a lawsuit, you will save yourself an enormous amount of time, money and aggravation.

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 Apr 12, 2011 05:55 AM [EST]

Answer to What can i do if i don't not have a year of previous work with my employer because of a layoff i was

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 question appears incomplete; I am assuming that you are asking whether you are covered by the FMLA. To be covered, among other requirements, the employee must have worked 1,250 hours over the past 12 months for the employer. If you have not worked for a full year, then you are not covered by the FMLA.

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 Apr 4, 2011 06:52 AM [EST]

Answer to Should my attorney have filed a 1099 for a physical injury, emotional distress settlement?

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, Mr. Goldner's answer is exactly correct. You should consult a tax attorney or knowledgeable CPA on whether you have to pay FICA/FUTA/Income tax on the 'personal injury' amounts right now, or can wait until next April to do so. If you wait, you may be subject to penalties.

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 Mar 25, 2011 12:00 PM [EST]

Answer to Please Help

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, a noncompetition agreement must be reasonable in time and geographic scope. A court will likely find that 3 years is reasonable, but I cannot tell without knowing the facts and reading the document. Furthermore, while a specific mileage range is not set forth, a general geographic range of the "operating range" may also sufficient legally. Again, I'd need to know a great deal more.

If your company was bought, and the noncompetition agreement did not contain an 'assignment clause' allowing it to be assigned to the buyer, then the agreement may not be enforceable by the buyer.

I'd really need to review the agreement to give you a better idea of your options.

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 Mar 22, 2011 5:10 PM [EST]