Answers Posted By Mardi Harrison

It is impossible to answer your question without a thorough review of the facts of your case, to better understand its strengths and weaknesses. Your better course of action is to have your case reviewed by an attorney before you ask for your release from the EEOC, because once you receive your Right To Sue letter, you must file your claim in court within 90 days, or you will lose your right to do so forever, and if may take some time for you to find an attorney you like.

You should not assume that a letter from an attorney will automatically produce a higher offer from your former employer. Sometimes involving an attorney makes employers just dig their heels in deeper. On the other hand, often an attorney can negotiate a better resolution for you than you could for yourself. Again, you'll have a better feel for this after you have an attorney review your case in detail.

I'm sorry I can't be more definite, but without knowing more about your case, I can't offer you more specific advice.

answer to Do I appeal EEOC? Do I accept offer? Do I take right to sue letter? posted Nov 2, 2011 9:58 PM [EST]

In general, I agree with Chris' suggestions, but I would need to know a few additional facts. For example, because your name does not appear with your question, I can't tell your gender. I would want to know more about the nature of your friendship with your Supervisor, because it could possibly give rise to a sexual harassment claim. Chris is right -- you don't want a claim, you want to protect your job, but if your employer is made aware that it may be violating the law, that may provide incentive to find a soluation with you. One thing you could ask the Manager, or HR, is whether you could change your shift, or ask if there is an opening in some other department, so that you would not have to interact with the Supervisor any more.

If you have any questions, feel free to give me a call.

Mardi Harrison
73 Old Dublin Pike, Suite 10 # 312
Doylestown PA 18901
267-880-3822
Mardi@SueTheBoss.com
www.SueTheBoss.com

answer to What should i do? posted Jul 21, 2011 12:14 PM [EST]

Bearing in mind that we do not have an attorney/client relationship, and my answer to your question does not create one, this is pretty standard language, and it means that you are prohibited from working for a competitor for 12 months after termination of your employment with your current employer. To interpret it any other way would mean that all you have to do is work for your current employer for 12 months, and then you are released from the non-compete. In my 17 years of experience in employment law, I've never seen an employer that intended the second meaning.

answer to In regards to a Non-Compete Contract does the following mean 12 months, or 12 months after working. posted Jun 6, 2011 6:24 PM [EST]

I agree -- the real issue is that your employer may have breached your agreement. If you were not paid any kind of compensation (including severance, vacation pay, bonuses etc) that you are entitled to, this may be a violation of the PA Wage Payment and Collection Law. This law has many strong incentives for employers to pay the compensation earned by their employees, including the ability to hold not just the company, but the management who made the decision not to pay personally liable.

If you would like to discuss whether your circumstance is in fact a violation of the WPCL, please feel free to contact me.

Mardi Harrison, Esq.
73 Old Dublin Pike, Suite 10, # 312
Doylestown PA 18901
(267) 880-1180
(267) 552-6248 (fax)
Mardi@SueTheBoss.com

answer to Severance Agreement all screwed up posted Mar 3, 2011 4:19 PM [EST]

The Pennsylvania Wage Payment and Collection Law (WPCL) requires PA employers to pay their PA employees all compensation they are due. Compensation includes wages, holiday, sick and personal days, bonuses, commissions, and severance. If they don't they are subject to a penalty. If you have documentation that you are entitled to the holiday (perhaps from your employee handbook?) and documentation that you weren't paid (from your paystubs), the best thing to do is file a claim with your local District Court. That court is set up to handle small claims, and you can represent yourself, so you won't spend more on your lawyer than you get in damages.

answer to can an employer not pay me for a holiday that i was elegible for? posted Oct 22, 2010 8:23 PM [EST]

Well, your employer can fire you for anything. The question I think you're asking is, "if my employer fires me because I reported an instance of sexual harassment, do I have any legal recourse?" Yes -- you do have legal recourse. The termination could be considered retaliation for reporting the illegal activity, and retaliation is a violation of Title VII (the statute that protects employees against harassment and discrimination based on race, religion, national original and sex. The statute covers people who testify on behalf of the person who was harassed. Remember, though -- it will be your burden to prove that that is the reason why you were terminated. You can bet your employer will tell a different story that you will have to disprove in order to prevail.

answer to Can I be fired for turning in one employee of mine for sexual harassment of another employee? posted Jun 30, 2010 3:46 PM [EST]

I agree with Harold. In fact, in situations like this, the employer often does not bother to show up at the referee hearing. However, even if that happens, the hearing is still held, and you will still be required to prove to the referee that you qualify for benefits. From your description, it sounds like you have the documents to prove your position.

answer to Position elimination vs Quitting posted May 26, 2010 1:12 PM [EST]

On the other hand, the employer will have to prove that it would be seriously damaged by your employment with a competitor, and the damages would have to be such that there is no other way to remedy the harm, other than to prevent you from working there. Non-compete agreements are complicated and very fact-sensitive. You do need to have a lawyer review your specific agreement to advise you of your options.

answer to As a sub contractor with a non compete and I am fired can the non compete be upheld? posted May 25, 2010 4:13 PM [EST]

The answer to your question depends on what the two contracts actually say. There may be language in the new agreement that says it supercedes and nulifies all previous agreements. However, you also have to check the wording in the original agreement. Often, non-compete clauses have language that says, "this term supercedes and survives the termination of this agreement."

There may also be an issue of whether the company has given you sufficient consideration to sign the new agreement, although in your situation, you probably want the new agreement to be valid.

In the end, where there is some ambiguity in language, the court looks to the intent of the parties.

The bottom line is, you should have a legal professional examine both agreements in order to get an opinion that takes into account all possible factors.

answer to Is a non-compete still valid if the terms of original contract are changed and I refuse to sign new posted May 25, 2010 2:08 PM [EST]

What's next is you can sue your ex-boss under the PA Wage Payment and Collection Law (WPCL), which requires PA employers to pay their PA employees the wages they have earned. Period. Under this law, if the company doesn't or can't pay, the individual manager(s) who participated in the decision not to pay can be held personally liable for the money.

answer to Can my employer issue paycheck but insist it not be cashed or deposited yet? posted Jan 7, 2010 11:30 AM [EST]