Answers Posted By Harold Goldner

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

First of all, for goodness' sake if you can edit the question, REMOVE THE NAME OF YOUR EMPLOYER.

Secondly, there is simply no way anyone can answer this question online. You need to see an attorney who can review the terms of the agreement as well as the circumstances under which you signed the agreement, and finally, issues regarding your former position and prospective position. There is no "general answer" that applies to your situation --- these cases are fact-specific, and require an analysis of the actual contract/covenant not to compete.

Do not expect to rely upon a website to substitute for competent legal counsel --- an you need competent legal counsel NOW.

posted Feb 3, 2012 3:27 PM [EST]

Answer to Do I appeal EEOC? Do I accept offer? Do I take right to sue letter?

It costs at least $350 to file a complaint in Federal Court. It costs about $600 per deposition (sworn statement) and two thirds of employment discrimination cases filed are dismissed on Summary Judgment before the Plaintiff ever sets eyes on a courtroom or jury.

If you yourself believe the claim is worth no more than $4,000, counsel fees will leave you with even less.

Without any information whatsoever about your case, because you have provided absolutely no information about whether the case is meritorious, just the money discussed, I cannot possibly assess the legal merits of your case, but I can tell you from a purely business standpoint, take the money and run.

posted Nov 3, 2011 08:05 AM [EST]

Answer to Can a no compete agreement extend beyond the employee to immediate family members?

First of all, asking "on behalf" of another individual, even if family, is not particularly likely to secure reliable information. Would you consider asking a doctor for a diagnosis on behalf of your grandfather?

Nonetheless, and without knowing the particulars of the situation, not just because it isn't the actual individual involved in the transaction asking, transactions involving the sales of a business are complex commercial transactions which typically involve an employment agreement or "stay away" provisions for the individual selling the business (and hence the goodwill). How far that non-compete extends, whether geographically, temporally, or to which individuals will vary from transaction to transaction depending upon the needs of the business and the buyer.

It would be extremely foolhardy for your grandfather to sell a business without retaining legal counsel, who could also advise him about such things.

posted Sep 21, 2011 11:27 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?

Assuming that you were eligible for FMLA (had worked for more than 1250 hours over the last year or more) and your employer was required to offer FMLA (50 or more employees within 75 miles), and you were going to be ready to return to work without limitations on your return date of 7/22/11, no, they cannot change your job in this fashion unless you are a "key employee" (which would mean exective level, which it doesn't sound like you are).

You should contact an employment lawyer to determine what your rights are.

posted Jul 11, 2011 08:26 AM [EST]

Answer to Late Pay and Covenent Not to Compete

Irrespective of whether the non-compete provisions are valid, they have violated the PA Wage Payment Collection Law which provides for mandatory liquidated damages ($500/infraction) plus counsel fees. For that alone you may want to secure counsel.

As far as the non-compete goes, nobody can advise you without:

1. Reviewing the agreement (and the circumstances under which you signed it); and

2. Reviewing the facts of your termination with you.

I suggest you contact a PA employment lawyer to determine what your rights are.

Harold M. Goldner
http://www.krautharris.com

posted Jul 7, 2011 2:38 PM [EST]

Answer to harassment

You did not mention the size of the business. Businesses of fewer than 4 employees will not be covered by either state or Federal anti-discrimination laws. Businesses of fewer than 15 employees will only be covered by state law.

Secondly, you do not mention: (1) who falsely accused you (if it was other than an employee/supervisor at work, then it has nothing to do with work); and (2) what the consequences of the accusal were, i.e. demotion, reduction in hours or pay, etc.

Thirdly, you have no cause of action for "constructive termination." Either you're terminated, or you are put in a situation in which no reasonable person would remain (in which case after you quit you argue that it's "constructive termination.") In such instance, your claim is for employment discrimination, not for constructive termination.

In order to recover for employment discrimination based upon sex, generally, you must suffer a tangible adverse employment action, or be subjected to "severe and pervasive" harassment because of your gender. Personalities can conflict; people talk; tongues wag. If it's all gossip, it's not going to serve as the basis for an employment discrimination claim worth pursuing.

If you are concerned that any of the above do apply to you, I urge you to contact a Pennsylvania employment lawyer who can advise you with specific reference to your situation, as opposed to generalities as given above.

posted Jun 14, 2011 08:36 AM [EST]

Answer to What is indirect competition?

I have got to ask why you are only getting around to asking lawyers questions NOW, only *after* you have decided (on your own) that the non-compete covenant is enforceable, and (also on your own) to resign your new position.

It's akin to asking a doctor for medical advice once you've already started removing your own appendix.

Get to an employment lawyer *now* and find out what your options are (and perhaps were). It's impossible to answer your questions here without: (1) seeing the non-compete agreement with your former employer and (2) analyzing the entire employment history.

Otherwise, I suggest you have a decent anesthetic when that appendix comes out.

posted Apr 11, 2011 6:55 PM [EST]

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

The ENTIRE AMOUNT you received, including the attorney's fee, is taxable. You have to deduct the legal fees on a Schedule A. Even though the remaining money was for "physical injury/emotional distress," the settlement is considered a wage settlement, not a personal injury settlement.

This is an anomaly in the tax code which employment lawyers have lobbied to fix, but unsuccessfully. It's crazy but both you and your lawyer will be taxed on your lawyer's fee (although you *will*, as I said, be able to deduct the legal fees on your Schedule A.)

posted Mar 25, 2011 11:27 AM [EST]

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

It is possible that the irregular and partial payment pattern created such "necessitous and compelling" reasons as would justify your quitting. That will be for the referee to determine.

If your prior employer still owes you money, you should contact an employment lawyer to determine whether it makes sense to bring a claim under the PA Wage Payment and Collection Law which would entitle you both to back pay and liquidated damages plus mandatory counsel fees.

posted Feb 16, 2011 12:50 PM [EST]

Answer to Can my employer terminate me if not back by the end of the 12 weeks?

The Family and Medical Leave Act provides that eligible employees are able to take up to twelve weeks of leave and have their jobs preserved, however upon the expiry of the twelve weeks, they must be ready, willing and able to return to work without limitations.

If you are unable to perform the essential functions of your job within those 12 weeks, the employer is under no obligation to hold your job.

In addition, the employer is permitted to allocate sick leave, vacation leave, and any other applicable paid leaves towards the 12 weeks, which itself does not necessarily have to be paid leave.

Your employer appears to be completely compliant with the FMLA at this point.

posted Sep 29, 2010 12:51 PM [EST]