Answers Posted By Christopher Ezold

Answer to How can I start an at-home business and collect UC benefits?

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, self-employment generally makes you ineligible to collect unemployment benefits. If the self-employment activity is a sideline activity that preceeded your employment and the separation from your employment, and it doesn't substantially change in scope after your separation (i.e. turn into a full-time job), you are still available to take employment and the sideline isn't the primary source of your livelihood, then you may not be disqualified.

Taking steps to incorporate, open business accounts and develop the business until you generate an income is likely to be a substantial change in scope which could make you ineligible.

Any new business involves significant risk. The law essentially prevents those taking such risks from transferring the risk to the government by utilizing unemployment funds when they won't be looking for new employment. Whether this is a good policy is another discussion.

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 1, 2011 12:44 PM [EST]

Answer to Terminated, was not paid for last day

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 work, you are entitled to your wages. The employer may claim a setoff if you owe the employer money (i.e. advances on future salary, reimbursement for money you stole, etc.), but cannot claim a setoff because you 'lost customers' are were a 'bad employee.'

Scott Leah is correct about your two options; however, I would advise filing a claim with the District Justice whose region covers your employer's address. You should name your employer and the individual who chose to not pay you - the owner, president, or whoever made that decision (as they are personally liable for nonpayment of your wages). Applications to the Department of Labor and Industry, Bureau of Wage Payment are a VERY long process; you may wait years. The small claims case before a DJ will take months at most, if not weeks. For this small amount, you can certainly do the claim by yourself; any records that showed you worked the day in question should be attached (i.e. the employer's response to your unemployment application agreeing that it was your last day, plus your final check or stub showing a lack of payment for that day).

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 Feb 25, 2011 09:33 AM [EST]

Answer to Change in Commission Plans

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 leaves out a number of facts that I'd need to know, but the general answer is that a new noncompete does not HAVE to be signed after every change in commission structure. If the commission structure changes actually lower your compensation, there is a good question as to whether the noncompete is even valid, as you've gotten nothing in exchange for your promise not to compete. It may be that the only valid noncompete you have is the first one that you signed, if you signed it as part of your initial hiring - and even then, there are a number of situations in which that first noncompete might not be valid.

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 Feb 18, 2011 08:32 AM [EST]

Answer to Can I collect unemployment if my employer repeatedly did not pay me in full on the regular payday?

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, Pennsylvania courts have held that being paid even a day late can be 'necessitous and compelling' reason to quit. The biggest question is whether you are currently owed any wages; if so, you should be able to succeed in a hearing on your eligibility for unemployment benefits. If you are not owed any wages, but have evidence of late payments, presenting that evidence to show a pattern and practice of late payment of wages may be sufficient. You should present pay stubs, checks, timecards and other documents to show that you were paid late. If you have any witnesses that can testify that they were being paid late at the same time as you, they would be helpful at the hearing.

You should also look into whether your employer paid the tax amounts she withheld from your paycheck to the federal government. If not, you likely DO NOT owed that money to the IRS; you've already paid it to your employer, who will be deemed the trustee of the money with an obligation to pay it to the IRS for you. Getting this straight before next tax season will save you headaches, however.

I would be hesitant to file a clalim with the Department of Labor and Industry; I have had clients whose claims have languished there for up to two years. I would suggest having an attorney get your money for you.

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 Feb 16, 2011 1:25 PM [EST]

Answer to Are the following statements enforceable in my case?

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 see three flaws in this noncompetition agreement. First, it requires you to 'acknowledge' that you have to use the employer's trade secrets if you worked for a competitor - before you ever know what the trade secrets are! The acknolwedgement is language that supports the 'legitimate business interest' that the employer must prove to the court to have an enforceable noncompete. I don't believe that 'acknowledgement' would be favorably received by most judges, as you cannot possibly agree to what you do not understand.

Second, unless the customer is competing with the employer, it is unlikely that the noncompete would prevent you from working for the customer.

Third, it prohibits you from working in any capacity for a competitor. The lower down the org chart you are, the less the employer is likely to have a legitimate business reason to prohibit you from working outside of the job description in which you performed your work for the 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/
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 Feb 9, 2011 07:15 AM [EST]

Answer to UI taxes taken out of my severance. Can I file a new claim?

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, paying UC taxes out of a severance payment does not qualify you for another 26 weeks of severance. You should, however, ensure that you are automatically filed for extended benefits if you qualify for them at the end of 26 weeks if you are still unemployed.

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 Jan 20, 2011 08:28 AM [EST]

Answer to Is it legal to be required to take conference calls for work at home on your phone and not be paid?

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 an employer is covered by the Fair Labor Standards Act ("FLSA"), overtime must be paid to all employees who are not exempt from the FLSA's requirements. Banks are generally required to comply with the FLSA. Tellers are generally not exempt from the FLSA's overtime requirements. Therefore, unless your wife was performing significant executive or administrative duties under the terms of the FLSA, she is due overtime pay for every hour worked over 40 hours per week.

It is unlikely that your wife was performing exempt executive duties, and also unlikely, based on the job descriptions of most bank tellers, that she was performing exempt administrative duties. These tests are very fact-specific, however, so I cannot answer the question with any accuracy here. I can tell you that several class, collective and individual actions have been filed this year against banks for requiring tellers to work over 40 hours per week.

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 Jan 18, 2011 09:01 AM [EST]

Answer to Rap Music Played in Office

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, employees in organizations with four (4) or more employees in Pennsylvania are protected from discrimination or harassment based on their gender, age, race, religion, etc.

"Questionable taste" is not something that you are protected from, however. Also, while use of the 'n' word might cause a hostile environment to exist in the workplace for african-american employees, you are not african-american.

However, if you are female and the rap songs contain words and concepts that would be offensive to the reasonable woman, then you may have a claim.

If your employer has a complaint procedure, you are obligated to follow that procedure before you can pursue a claim.

This puts you in a bind, as you indicated you don't want to complaint. Practically, it is my experience that the employees who suffer the worst damages in discrimination matters are the ones who do not stand up for themselves early on.

If this issue is creating real stress for you, you need to address it with your supervisor. If that does not work, address it with your HR department through their complaint process.

If either your boss or your company/HR retaliates against you for complaining, then you have a claim for retaliation - which oftentimes is stronger than the underlying discrimination claim.

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 Jan 10, 2011 08:11 AM [EST]

Answer to Do I have a legitimate workplace discrimination case?

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 treated differently because of your gender, then you may have a claim for gender discrimination. Sexual orientation is a difficult basis on which to make a claim, and may depend in part on the citym, town or lcoality in which you worked. If you were fired in retaliation for a complaint of discrimination, you may have a case that is easier to prove than a straight-up discrimination claim.

Bottom line, though, is that if men are not disciplined or fired for the same behavior, then you likely have a gender discrimination claim.

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 Jan 3, 2011 08:05 AM [EST]

Answer to If there are 8 employees that were asked to stay with the company until a given date,

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 generally no legal right to a retention bonus, regardless of whether other employees receive those bonuses. The fact that you are the only employee that isn't receiving one may be unfair, but not necessarily illegal.

However, if all the other employees that perform your job, or a position substantially like your job, are male, and you are female, you may have a discrimination claim. You may also have a claim under the Equal Pay Act, if you are female and men are being paid more for substantially similar work.

Finally, you may have the practical ability to negotiate for the retention bonus. The fact that you are aware of the bonuses does not mean you cannot discuss the fact that you aren't receiving one with the employer; it means that you should not discuss that fact with employees generally or the public.

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 Dec 13, 2010 07:25 AM [EST]