Answers Posted By Christopher Ezold
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 are generally going to be held to a contract that you signed, even if you missed reading a critical part of it. That does not mean that the noncompete is enforceable, however. There are many requirements a noncompete must meet to be valid and enforceable, and they are frequently missed. I'd have to read your agreement and speak to you to determine if it is enforceable.
You mentioned that this is taking a toll on your finances; if you have been terminated by your employer without cause, the noncompete may not be enforceable.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephon 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
answer to How do I get out of my Noncompete contract from a previous employer? posted Feb 4, 2012 12:15 PM [EST]
That being said, you are generally going to be held to a contract that you signed, even if you missed reading a critical part of it. That does not mean that the noncompete is enforceable, however. There are many requirements a noncompete must meet to be valid and enforceable, and they are frequently missed. I'd have to read your agreement and speak to you to determine if it is enforceable.
You mentioned that this is taking a toll on your finances; if you have been terminated by your employer without cause, the noncompete may not be enforceable.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephon 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
answer to How do I get out of my Noncompete contract from a previous employer? posted Feb 4, 2012 12:15 PM [EST]
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, how the office is arranged is within the discretion of your employer. If your manager and her boss were there and approved the move, then that is their prerogative. Moving your personal belongings is also something they can do. If they damaged your belongings, they would have a legal obligation to pay for the damage.
Just because this is legal does not mean that it is right; from your description, this appears to be very unfair and not good management. Unfortunately, there is no legal recourse.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephon 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
answer to Can an employer or co-worker touch or remove your personal belongings from your desk ? posted Feb 4, 2012 12:11 PM [EST]
That being said, how the office is arranged is within the discretion of your employer. If your manager and her boss were there and approved the move, then that is their prerogative. Moving your personal belongings is also something they can do. If they damaged your belongings, they would have a legal obligation to pay for the damage.
Just because this is legal does not mean that it is right; from your description, this appears to be very unfair and not good management. Unfortunately, there is no legal recourse.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephon 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
answer to Can an employer or co-worker touch or remove your personal belongings from your desk ? posted Feb 4, 2012 12:11 PM [EST]
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 wife has put her request in writing which is exactly what you should have done.
The PTO issue is separate from the FMLA issue. If she is back to work, then her biggest problem (termination) may have been avoided. FMLA is unpaid leave; vacation and PTO can be taken concurrently, but not always necessarily (although most employers require both to occur at the same time, if possible).
What I am unclear on is the problem you want solved - do you want to get your wife's PTO payment? A return to work if she has been denied that?
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephon 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
answer to Retroactive FMLA Application posted Jan 24, 2012 12:33 PM [EST]
That being said, your wife has put her request in writing which is exactly what you should have done.
The PTO issue is separate from the FMLA issue. If she is back to work, then her biggest problem (termination) may have been avoided. FMLA is unpaid leave; vacation and PTO can be taken concurrently, but not always necessarily (although most employers require both to occur at the same time, if possible).
What I am unclear on is the problem you want solved - do you want to get your wife's PTO payment? A return to work if she has been denied that?
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephon 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
answer to Retroactive FMLA Application posted Jan 24, 2012 12:33 PM [EST]
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, noncompetition agreements are contracts which must be supported by consideration - that is, a benefit that both sides are receiving. In general, noncompetition agreements in Pennsylvania cannot be supported by 'continued employment' as consideration. If you are getting nothing new for the noncompetition agreement you are being offered, it is almost certainly not enforeable against you.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telehpone 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
answer to After 33 years of employment and shareholdership, I am being asked to sign an employment agreement posted Jan 3, 2012 3:45 PM [EST]
That being said, noncompetition agreements are contracts which must be supported by consideration - that is, a benefit that both sides are receiving. In general, noncompetition agreements in Pennsylvania cannot be supported by 'continued employment' as consideration. If you are getting nothing new for the noncompetition agreement you are being offered, it is almost certainly not enforeable against you.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telehpone 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
answer to After 33 years of employment and shareholdership, I am being asked to sign an employment agreement posted Jan 3, 2012 3:45 PM [EST]
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 two issues; one is the termination and one is the working environment.
If you, as an asian male, were terminated for reasons that would not lead to the termination of a caucasian or a female, then you may have a claim of discrimination. The facts regarding the texting and circumstances surrounding your relationship with the recipient would all be relevant, as well as the explanation of the employer as to why they elected to terminate you and not her.
It seems from your question that you were subjected to a racist, and possibly sexually harassing, work environment. If the sexual comments were unwelcome, then you may have a claim for sexual harassment. However, both claims would likely need to have been reported internally first. If the employer did not have a policy against discrimination and harassment and a complaint procedure, then no complaint would have been necessary. Furthermore, if the employer was aware of the behavior, a complaint may not have been necessary.
What happened to you appears very unfair; whether it was illegal as well depends on facts that we'd need to discuss.
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
answer to I was fired for sexual harassment and need some answers to my questions please. posted Dec 21, 2011 4:07 PM [EST]
That being said, you have two issues; one is the termination and one is the working environment.
If you, as an asian male, were terminated for reasons that would not lead to the termination of a caucasian or a female, then you may have a claim of discrimination. The facts regarding the texting and circumstances surrounding your relationship with the recipient would all be relevant, as well as the explanation of the employer as to why they elected to terminate you and not her.
It seems from your question that you were subjected to a racist, and possibly sexually harassing, work environment. If the sexual comments were unwelcome, then you may have a claim for sexual harassment. However, both claims would likely need to have been reported internally first. If the employer did not have a policy against discrimination and harassment and a complaint procedure, then no complaint would have been necessary. Furthermore, if the employer was aware of the behavior, a complaint may not have been necessary.
What happened to you appears very unfair; whether it was illegal as well depends on facts that we'd need to discuss.
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
answer to I was fired for sexual harassment and need some answers to my questions please. posted Dec 21, 2011 4:07 PM [EST]
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, upon seeing the partial language from the document, it appears that you can work in a competitive fashion, but cannot work for your former employer's customers (to the extent that you provided services to them on the employer's behalf, or know about them from your employment). If a customer decides not to work with your former employer for reasons unrelated to you, then it is likely that you can work for them.
This economy has caused a number of employers to be quick on the draw when it comes to noncompete litigation, so I'd stay well on the bright side of the line. You should have the document and your specific factual circumstances reviewed by an attorney.
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
answer to Can I help clients I used to assist when working for my former employer? posted Dec 20, 2011 2:51 PM [EST]
That being said, upon seeing the partial language from the document, it appears that you can work in a competitive fashion, but cannot work for your former employer's customers (to the extent that you provided services to them on the employer's behalf, or know about them from your employment). If a customer decides not to work with your former employer for reasons unrelated to you, then it is likely that you can work for them.
This economy has caused a number of employers to be quick on the draw when it comes to noncompete litigation, so I'd stay well on the bright side of the line. You should have the document and your specific factual circumstances reviewed by an attorney.
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
answer to Can I help clients I used to assist when working for my former employer? posted Dec 20, 2011 2:51 PM [EST]
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 a bit difficult to answer your question without seeing the document; what you signed appears to be a restrictive covenant, but it may not be a noncompete. If the document merely states you would not steal customers or use knowledge gained at the former employer, then what you really have is likely a nonsolicitation agreement, and to the extent that you can operate a business without your former employer's information or training, you can likely start up a business and advertise.
To the extent that the existing customers of your former employer wouldn't use them no matter what, you are likely to be able to work with them. However, the boundaries of the document are fuzzy from your question, and would likely be very fact-dependent.
The time period of the restrictive covenant must be reasonable; that is, it must be long enough for the employer to get a replacement employee up and running and solidifying relationships with its customers. Although 2 years is not overly long as a matter of law, it may be unreasonably long in this situation. I would need more facts to judge the matter.
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
answer to If a former client contacts me for business requests, am I allowed to assist? posted Dec 20, 2011 12:13 PM [EST]
That being said, it is a bit difficult to answer your question without seeing the document; what you signed appears to be a restrictive covenant, but it may not be a noncompete. If the document merely states you would not steal customers or use knowledge gained at the former employer, then what you really have is likely a nonsolicitation agreement, and to the extent that you can operate a business without your former employer's information or training, you can likely start up a business and advertise.
To the extent that the existing customers of your former employer wouldn't use them no matter what, you are likely to be able to work with them. However, the boundaries of the document are fuzzy from your question, and would likely be very fact-dependent.
The time period of the restrictive covenant must be reasonable; that is, it must be long enough for the employer to get a replacement employee up and running and solidifying relationships with its customers. Although 2 years is not overly long as a matter of law, it may be unreasonably long in this situation. I would need more facts to judge the matter.
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
answer to If a former client contacts me for business requests, am I allowed to assist? posted Dec 20, 2011 12:13 PM [EST]
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, we provide free telephone consults to our employee clients. If you would like to discuss this matter further, please feel free to contact me or my partner Nancy Ezold 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
answer to can you help me get free consoltation please posted Nov 21, 2011 5:32 PM [EST]
That being said, we provide free telephone consults to our employee clients. If you would like to discuss this matter further, please feel free to contact me or my partner Nancy Ezold 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
answer to can you help me get free consoltation please posted Nov 21, 2011 5:32 PM [EST]
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 have not hired an attorney yet, your case may already have significant problems. An attorney would have drafted the EEOC complaint; if you did not draft it correctly, you may have lost the right to pursue all of your claims.
Without knowing what the facts of your case are, I cannot comment on the value of the case. 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
answer to What step to take next in EEOC case posted Nov 3, 2011 12:35 PM [EST]
That being said, if you have not hired an attorney yet, your case may already have significant problems. An attorney would have drafted the EEOC complaint; if you did not draft it correctly, you may have lost the right to pursue all of your claims.
Without knowing what the facts of your case are, I cannot comment on the value of the case. 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
answer to What step to take next in EEOC case posted Nov 3, 2011 12:35 PM [EST]
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 are several normal opportunities to settle a discrimination claim; one of them is at the fact finding meeting with the EEOC. If you do not settle now, it is likely that the case would not settle for a long time to come. If the value of the case is only $4,000 in your mind, $1,400 is a good settlement at this juncture, even if it does not cover your total losses. You will expend far more than the remaining $2,600 of your losses in pursuing the case in court.
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
answer to Do I appeal EEOC? Do I accept offer? Do I take right to sue letter? posted Nov 3, 2011 12:32 PM [EST]
That being said, there are several normal opportunities to settle a discrimination claim; one of them is at the fact finding meeting with the EEOC. If you do not settle now, it is likely that the case would not settle for a long time to come. If the value of the case is only $4,000 in your mind, $1,400 is a good settlement at this juncture, even if it does not cover your total losses. You will expend far more than the remaining $2,600 of your losses in pursuing the case in court.
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
answer to Do I appeal EEOC? Do I accept offer? Do I take right to sue letter? posted Nov 3, 2011 12:32 PM [EST]
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