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Christopher Edward Ezold
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Christopher Ezold’s Answers

3,323 total


  • If I should have a lawyer read an agreement/ contract to work as an independent contractor providing counseling services?

    INDEPENDENT CONTRACTOR COUNSELING SERVICES

    Christopher’s Answer

    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, Delaware, New Jersey or Federal law applies, unless otherwise specified.

    That being said, there are a wide range of issues you need to address, depending on the way you are paid and what kind of relationship you with the practice/agency. Are you paid on collections or hourly? How are you insured during and after the contract term? When/how can the contract be terminated? You need to know whether you are truly a contractor as well; the contract itself does not control this. To ensure you are fairly paid, and do not undertake unnecessary risks, you should have the contract reviewed by an attorney with experience in both health and employment law.

    /Christopher E. Ezold/

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  • Is there any legal action i can take against this guy? what kind of evidence or proof do i need?

    My partner who i thought was trustworthy tricked me into agreeing to a contract that states that i would own half of a nail salon that we both invested in together. Turns out my name is not even on the deed and i have no ownership .I'm starting t...

    Christopher’s Answer

    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, Delaware, New Jersey or Federal law applies, unless otherwise specified.

    That being said, you need to speak to an attorney ASAP; it appears that you have claims for the income from the business as well as for unpaid wages. Nobody should work for free. Move quickly, as situations like these deteriorate quickly, and the money your partner has to pay you can evaporate.

    /Christopher E. Ezold/

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  • Can my employer fire me because i am going into the hospital due to mental illness?

    I have been struggling with a mental illness for several months....I have been frank with my boss about it.Things in my life have deteriorated to where my doctor wants me hospitalized ASAP.....I gave my employer a heads up that i probably would ne...

    Christopher’s Answer

    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, Delaware, New Jersey or Federal law applies, unless otherwise specified.

    That being said, the answer is 'it depends.' You may not be terminated due to a disability; if your mental illness rises to the legal level of a disability, then you may not be fired for it. However, you can be fired for not being able to work, regardless of disability, UNLESS you are covered by the Family Medical Leave Act. If your employer has 50 or more employees, and you've worked there essentially a full year, you have the right to 12 weeks of unpaid leave. You need to request the FMLA leave and follow the FMLA process. If you or the employer fall outside of the FMLA, indefinite hospitalization is a legal reason to terminate you, UNLESS other, non-mentally-ill employees have been allowed to return from indefinite hospitalizations. Speak to an employment attorney to figure your way through this minefield.

    /Christopher E. Ezold/

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  • Custody

    I am currently in treatment for a mental health problem. 12 years ago I was hospitalized for this issue. That has been my only hospitalization. Could this affect my chances of maintaining custody of my daughter?

    Christopher’s Answer

    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, Delaware, New Jersey or Federal law applies, unless otherwise specified.

    That being said, this is a child custody question, not a health law question. I will change the practice area of your question to get the attention of the right Avvo attorneys.

    /Christopher E. Ezold/

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  • I'm looking to seek restitution from my current employer for not delivering we forms to any of there employees.

    All employees approximately 15 have not received there 2014 w2 forms to claim taxes for the following year. We're looking to bring suit to this employer for failure to deliver forms. Which we believed is caused due to non payment of taxes. Even th...

    Christopher’s Answer

    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, Delaware, New Jersey or Federal law applies, unless otherwise specified.

    That being said, this is a serious breach of the employer's obligations, but there is likely no suit you can bring. If taxes were withheld, then you have essentially paid them. If the employer has not turned those monies over to the IRS, then the employer has essentially stolen from the IRS, and the problem is between the IRS and the employer. The IRS will go after the employer hard - the IRS takes a very dim view of employers stealing their tax monies. You and your fellow employees should speak with a good accountant regarding how to report your income and tax payments so that you do not get double-taxed.

    /Christopher E. Ezold/

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  • Can I sue a medical practice for termination as a patient?

    I received a letter from my Dr.s office saying they could no longer see me as a patient. I called them and they said I failed a drug screen. I signed a narcotics agreement saying I wouldn't take any other narcotics other than what they prescribed....

    Christopher’s Answer

    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, Delaware, New Jersey or Federal law applies, unless otherwise specified.

    That being said, a physician does not have to keep a patient. If the test came back positive, it may be a fault with the test or the lab, but isn't something the practice would be liable for. If the practice is lying about your results, then you may have a claim of defamation if they publish that information to others. There is generally no reason to lie, however, about test results, as the practice could terminate you as a patient without a reason.

    /Christopher E. Ezold/

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  • Wells Fargo background check - Will being a co-signer for student loans with a bad payment history affect my qualification?

    I co-signed for a large sum of student loans, federal and private, for a friend years ago. The student fell behind on some of these, and the bad payment history shows on my credit report, and has dramatically lowered my scores . My actual paymen...

    Christopher’s Answer

    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, Delaware, New Jersey or Federal law applies, unless otherwise specified.

    That being said, your friend's student loan payment history IS yours, as you have co-signed the loans. This is a debt that banks will expect you to pay; it may be an issue for you in hiring with them. Regarding the approximate dates of work, there is no 'database' to be checked; the information may be in a credit report, but generally it is checked with the employer. As long as you aren't too far off, it should not be a problem in most cases.

    /Christopher E. Ezold/

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  • Someone wants to sue a company that is now out business. The issue is from 2013 and the business was dissolved in early 2015 and

    Someone wants to sue a company that is now out business. The issue is from 2013 and the business was dissolved in early 2015 and the lawsuit was filed in mid 2015. In the lawsuit he named both the company and the owner personally but can the own...

    Christopher’s Answer

    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, Delaware, New Jersey or Federal law applies, unless otherwise specified.

    That being said, the individual who was sued personally must answer the complaint, or suffer a default judgment against them. That person should only answer the claims made directly against them (which may be all or only some of the claims made). The business no longer exists as a legal entity, and cannot respond, but likely cannot receive a judgment against it. Judgments against a dissolved entity are not enforceable against the owners UNLESS the plaintiff can 'pierce the corporate veil' by showing the entity was essentially an alter ego of the owners, or other facts justifying piercing. This is a complicated issue, so the responding individual should absolutely obtain representation by an attorney.

    /Christopher E. Ezold/

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  • Can my medical provider/facility write a letter in favor of my ex wife (who is a nurse there) to help her in our divorce?

    Would it be slander,, libel, or defamation of character? What is the statute of limitations in Washington state?

    Christopher’s Answer

    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, Delaware, New Jersey or Federal law applies, unless otherwise specified.

    That being said, as a health law matter, for the provider's testimony to be submitted, a HIPAA-Qualified Protective Order must be in place. As a matter of state law regarding the trial of domestic matters or defamation issues, you will have to speak with local counsel.

    /Christopher E. Ezold/

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  • Can a hospital turn a bill over to an collection agency if monthly payments are being made?

    I have a hospital bill of $1400.00 and I signed an agreement with the hospital to make payments of $25 a month. They have increased my payment to $169 a month and I am not able to pay that much. They turned the bill over to an collection agency ev...

    Christopher’s Answer

    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, Delaware, New Jersey or Federal law applies, unless otherwise specified.

    That being said, if you are paying as agreed, then the hospital likely cannot force you to pay more. This all depends on the agreement. The behavior of the debt collector in the face of your agreement might be a violation of the Fair Debt Collection Practices Act; you should speak with a consumer protection/debtor protection attorney to determine how to proceed.

    /Christopher E. Ezold/

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