Charles V. Curley’s Answers

Charles V. Curley

Conshohocken Employment / Labor Attorney.

Contributor Level 7
  1. My employer is paying us overtime incorrectly. What can we do?

    Answered 8 months ago.

    1. Charles V. Curley
    2. Karen Elizabeth Eichman
    3. Arkady Rayz
    4. Andrew Scott Abramson
    5. Terence Sean McGraw
    6. ···
    6 lawyer answers

    You and your co-workers likely have a FLSA claim. Often this can be resolved with a demand letter to the employer with the threat of litigation. Most FLSA attorneys will work on a contingency and get paid by the employer.

    8 lawyers agreed with this answer

  2. My company never paid overtime, they broke it down on the payroll. no re-inbursment for mile travel took it out of taxes.

    Answered about 1 year ago.

    1. Charles V. Curley
    2. Allan E Richardson
    3. Yolanda Navarrete
    3 lawyer answers

    It is quite likely that your employer has violated the Fair Labor Standards Act. Generally speaking, your employer must pay you overtime for any week where you worked more than 40 hours. You will need to do some further calculations but this is certainly worth investigating.

    Selected as best answer

  3. Can my employer keep me from a better living with a non compete form

    Answered about 1 year ago.

    1. Charles V. Curley
    2. Richard Alan Jaffe
    3. Rochelle S. Rabin
    4. Alan N Walter
    4 lawyer answers

    Generally speaking, non-compete agreements are enforceable in Pennsylvania. That being said whether a restrictive covenant will be enforced against a particular employee requires an examinaiton of all of the surrounding facts. Given that you would be joining a group of former employees I would fully expect your employer to pursue you.

    Selected as best answer

  4. My previous employer is suing me for breach of contract due to non-compete agreement.

    Answered 8 months ago.

    1. Christopher Edward Ezold
    2. Charles V. Curley
    3. Peter Douglas Valenzano
    4. James Alfred Bell IV
    5. Colin M Page
    5 lawyer answers

    Generally speaking, non-competes are enforceable, but they are not favored by the courts. It sounds from your question that you have some extenuating circumstances that could be used to defeat your employer's plan to prevent you from working. You should consult with an experienced attorney who should be able to develop a winning strategy.

    4 lawyers agreed with this answer

  5. Do I have a case?

    Answered about 1 year ago.

    1. Charles V. Curley
    2. Allan E Richardson
    3. Leonard Roy Boyer
    3 lawyer answers

    The important piece of missing information is: what was the "customer related issue" that you discussed with your Manager. If your complaint about the customer could be construed as "protected activity" then it is possible that your Manager retaliated against you.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Recently terminated in Pennsylvania

    Answered 8 months ago.

    1. Charles V. Curley
    2. John B. Dougherty
    3. Rochelle S. Rabin
    3 lawyer answers

    I assume that you are an at-will employee. That being the case, you will need to demonstrate that you have been discriminated against. Are you in any protected class: age, gender, race etc. ? And assuming that you were in a protected class, do you believe that your termination was motivated by discrimination? If you have been offered any severance and given a release, you should have an employment attorney review it for you.

    3 lawyers agreed with this answer

  7. Change in sales compensation plan

    Answered 9 months ago.

    1. Charles V. Curley
    2. Terence Sean McGraw
    2 lawyer answers

    The short answer is that an employer MAY change an employee's compensation prospectively (i.e. into the future). The employer may NOT make that change retrospectively. You may have some argument that the change has impacted commissions that are already owed but it is difficult to tell from your question.

    3 lawyers agreed with this answer

  8. My previous employer wants me to speak to their defense attorney about another employee who got fired for inappropriate behavior

    Answered about 1 year ago.

    1. Charles V. Curley
    2. Allan E Richardson
    3. Aneliya M. Angelova
    3 lawyer answers

    Having been in this situation in many cases, I would say that if you do not voluntarily speak with the attorney, then you will receive a subpoena to testify. Alas, this is our legal system, not unlike jury duty.

    3 lawyers agreed with this answer

  9. I was wondering if my employer can withhold my last paycheck if I don't sign a release form?

    Answered about 1 year ago.

    1. Charles V. Curley
    2. Edward Clement Sweeney
    3. Rochelle S. Rabin
    3 lawyer answers

    An employee is never required to negotiate for his/her pay. All wages that are due to you should be paid as part of the regular payroll. If you are asked to sign a Release then it should be offered along with additional consideration (i.e. more money). If you decline to sign it you get your wages regardless.

    3 lawyers agreed with this answer

  10. Can an employer include new non compete conditions in a new yearly contract without consideration in Pennsylvania?

    Answered about 1 year ago.

    1. Charles V. Curley
    2. Pearlette Vivian Toussant
    3. Samuel Cohen
    3 lawyer answers

    You are obviously aware of the fact that an employer must offer additional consideration (beyond continued employment) in order to bind the employee to a non-compete. It is likely that a Court would require additional consideration for the additional terms as described in your situation. The practical quesiton is what if the employee refuses to sign? Perhaps the employer will then only seek to enforce the orignal document.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

610-834-8819