Answers Posted By Christopher Ezold

Answer to How do I protect my professional reputation before I am "set up" to be fired??

As a follow-up to my prior answer, if separation from the non-profit is necessary, you will need to negotiate an agreement that provides for your severance, does not prevent unemployment compensation, requires confidentiality and non-disparagement, and provides for a release of claims.

Chris

posted Mar 22, 2011 06:14 AM [EST]

Answer to How do I protect my professional reputation before I am "set up" to be fired??

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, as a Pennsylvania employee, you are an 'employee at will' - meaning that you can be disciplined, fired, etc., without cause or notice. If you have a contract, the contract may override the 'at will' status of your employment.

It is clear that the relationship between you and the Board has become terminal. Regardless of the legal issues, you should not wait until this comes to a head. Instead, you need to address the negative review, in writing, outlining the lack of direction on the standards to which you are now being held. The response should be brief and fact-oriented.

Next, you should approach the chair of the Board, and advise that person that you are concerned that the relationship is not working out, and whether a discussion regarding separation needs to be had. A Board is not a monolithic entity; the emails you have may be from rogue or ill-informed members. The chair needs to either control the Board, or advise you that the Board is interested in going a different direction. It is not unusual, though, for the decision-makers to avoid the tough decisions until the issue becomes too adversarial to resolve professionally. You will need to force the chair/Board to come to grips with this issue - either to let you do your job, or to provide you with a reasonable severance. Unless you have a contract that states otherwise, you do not have a right to severance - but most nonprofits will not be interested in cutting loose a new executive without cause and no severance - that would make the Board and the organization look bad, and harm their ability to retain future talent.

In sum, life is too short to live in a job that is harmful to your health and family, while trying to satisfy a Board that does not want what you have to offer.

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 Mar 22, 2011 06:12 AM [EST]

Answer to Is an employment contract valid that offers the independent contractor no consideration?

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, 'employment' is generally considered appropriate compensation for a noncompetition agreement. However, 'continued employment' is generally NOT sufficient compensation in Pennsylvania for a noncompetition agreement.

Furthermore, if your friend is an 'independent contractor' and not an employee, the noncompetition agreement may not be valid at all. Generally, a noncompetition agreement must be ancillary to an employment agreement, or the agreement for the sale of a business, before it is enforceable. The courts in Pennsylvania are not uniform in how they address this issue, however - some won't enforce against an independent contractor, some will if the independent contractor was recently and employee, and some will enforce it regardless. The facts of the situation are critical to this analysis.

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 Mar 21, 2011 09:22 AM [EST]

Answer to Rests and Meal periods

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, Scott Leah gave you an excellent answer. I am curious, however, as to whether you are union - if so, your collective bargaining agreement may impact your rights to pay for breaks.

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 Mar 18, 2011 07:50 AM [EST]

Answer to Do I have cause for a reverse discrimination suit?

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 such thing as 'reverse discrimination' under the law. There is only discrimintion, which covers you regardless of your race. it is illegal for an employer to treat an employee or applicant differently due to their race, national origin, gender, etc. If, compared to the people that were hired, you are an equal or better fit under the (legal) requirements for the position, and the hired persons are all non-Caucasian while you are Caucasian, you may have a claim for employment discrimination. Whether the hired persons were alumni, related to employees and how well they met the job requirements is important information to know for this analysis. Specific facts with regard to the extent and nature of the employer's hiring policies or history, especially with regard to hiring alumni and relatives of employees is also critical information.

These are all very fact specific issues; I'd need to know more to give you an accurate response.

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 by Christopher Ezold  |  Mar 15, 2011 08:34 AM [EST]   [ Wiki ]

posted Mar 16, 2011 11:41 AM [EST]

Answer to Is my non-compete valid if I only worked at a company for less than a month?

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 protect a legitimate business interest of the employer to be valid. Courts have held that an employer has no legitimate business interest in preventing an employee who they have terminated for not being good enough from competing. If the reason the employer felt you were not 'good enough' was due to your willful failure to work, then you might be bound by the noncompete.

Furthermore, the time limit of the noncompete must be reasonable; having worked for only one month, a long noncompete is unlikely to be reasonable.

These are all very fact specific issues; I'd need to know more to give you an accurate response.

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 15, 2011 05:34 AM [EST]

Answer to What remedies should I consider re my former employer not paying contracted severance 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, I would only add to Ms. Dabrowski's answer that pursuant to Pennsylvania's Wage Payment and Collection Law ("WPCL") the failure to pay wages can subject the employer (both the company and the individual(s) who are responsible for wage payment decisions) to a 25% penalty and require them to pay your attorneys' fees if you have to sue. Severance pay and benefits are both considered wages under the WPCL.

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 10, 2011 2:22 PM [EST]

Answer to Do We Have The Possibility Of A Case In Which To Negotiate/Sue For Severance 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, there is no right to severance pay in Pennsylvania. Scott Leah gave you good advice; other than if you were treated differently due to your race, gender, disability, age over 40, etc., of if the employer was covered by the WARN act and failed to give you 60 days notice, your only right to severance would be based on a contract (whether individual or union). If you have no contract, and the above issues don't apply, then the failure to pay severance to you is not illegal. It may be wrong, unfair, immoral or bad management, but that does not make it illegal.

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 10, 2011 08:28 AM [EST]

Answer to Is this just?

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 a huge difference between 'unjust,' 'unfair' or 'wrong' and 'illegal.' What is happening appears to be 'unjust.' It is only illegal, however, if you are being treated differently based on your disability, if any. Depending on the nature of the illness/injury/surgery, you may not be 'disabled' under the law, regardless of the sling. Your boss, however, may have viewed you as disabled, in which case you might be protected regardless of disability.

If you were terminated due to your disability, if any, or your employer's belief that you were disabled, you may have a claim of employment discrimination under the Americans with Disabilities Act ("ADA"). The fact that you were questioned by your boss in a manner that suggests he had a problem with your medical condition, and that you were 'laid off' on the first day of your return, suggests that you were terminated due to the fact that your employer regarded you as disabled, in violation of the ADA.

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 9, 2011 05:57 AM [EST]

Answer to Severance Agreement all screwed up

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 severance agreement is a contract. If the contract has been materially breached, then your obligations under the contract would be no longer enforceable against you (in most cases). Failure to pay as agreed, and unilateral alteration of dates, are likely material breaches of the contract. If so, the document is likely no longer enforceable against you. I say 'likely' in that I cannot provide a thorough analysis without reading the document.

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 Mar 3, 2011 08:55 AM [EST]