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Christopher Edward Ezold
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Christopher Ezold’s Answers

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  • What can an employee do if the CFO is threating his/her position because they shared salary or compensation off the clock?

    My CFO is threating me and my position because on my own time i shared that my check was short with a coworker this was not shared during business hours. He told me he would put me out on the street if I do so again

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

    That being said, what you describe is a violation of the National Labor Relations Act, as well as likely the Fair Labor Standards Act and Pennsylvania law. To protect your rights, you may want to put the situation in writing to your CFO - state that you discussed the wage issue with your coworker, and was advised that you might be terminated if you did so again, and ask for the company's policy on the issue. You should speak with an employment attorney first, however, to ensure you do this the right way.

    /Christopher E. Ezold/

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  • I have recently incorporated a company via online incorporation service. Do I have to issue shares immediately for myself?

    I'm working on a tech product. I need to file some patents and trademarks for my product. So I have incorporated a company little bit early. I'm planning to bring investors and other people like CTO, CFO, Advisors etc on board after 6 months once ...

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

    That being said, you can issue yourself only one share; as the only issued share, it would have 100% of the vote - then you can issue more when you have a better idea of what the initial cap table will be. You should speak with a business attorney and business accountant to flesh out your plan now - it's much harder to do when you are negotiating with investors and c-level employees at the same time.

    /Christopher E. Ezold/

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  • Is this sexual harassment?

    I work for a fitness center at the front desk. One of the members was upstairs taking a picture. I asked what of? He said he would show me when he came down. 20 minutes later he stopped at the desk to show me. It was a pic of me. He said " was try...

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

    That being said, this is appears to be sexual harassment; your employer has an obligation under federal law to take steps to deal with this situation. However, your employer's obligations only start when the employer knows what is going on - therefore, you have to make an internal complaint. You should do so in writing, keeping a copy. The employer ought to ban the customer, in my opinion, for his behavior - but should do what is necessary to provide you with a harassment-free workplace. That might mean requiring the customer to come in only when you are not working, etc. If no steps are taken, then speak to an employment attorney.

    /Christopher E. Ezold/

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  • Possible large reduction in salary. How does that affect my spousal support?

    My company was acquired, and layoffs have been happening for some time. I could go any day. I've (as has everyone else) been shopping for new employment. I've concluded I wont get near the same salary. Most of my pay was in commission and I am loo...

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

    That being said, this is a spousal support/divorce question, not an employment law question. I will change the practice area of your question to get the attention of the right Avvo attorneys. Such a large reduction may very well require the assistance of counsel - you should get a consult with a divorce attorney to determine your rights.

    /Christopher E. Ezold/

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  • Whats the difference between employees and contractors?

    I'm looking to start a mobile detailing business and would bring on other people to do the work. Now i would have multiple(10-20) people on call ready to go when a job comes up. Would it be better to have them as employees or contractors? If I hi...

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

    That being said, it's good you are asking this question now, instead of after these workers have been on the job for a while. There have been significant changes in the law on this issue over the past few years - the federal government has declared that it views most workers as 'employees.' The test for whether workers are employees vs. contractors depends on who is doing the testing - workers' comp, unemployment, the IRS, the state department of revenue, etc. Most of the tests tend to be substantially the same however, and boil down to the amount of control the worker has over their work and schedule, and whether they can make a profit or are merely making an hourly wage. What you describe sounds like there is a good chance your workers are employees under the law. If they are employees, you have unemployment/workers' comp insurance obligations. You should hire a payroll company to handle these issues, as it is absolutely worth the money to avoid having to deal with those issues yourself (and any errors you are likely to make).

    With regard to theft, protecting yourself can be difficult. Your best bet is to hire good people. Your next line of protection is good insurance. If the workers steals your equipment, you can report them to the police and/or sue them - but it may not be worth the effort, depending on the equipment.

    /Christopher E. Ezold/

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  • Can my temp job get me locked up from no proof of money missing?

    I am a cashier at a stadium I am a temp. One day my drawer came up 307 short I didnt do it and its no cameras . they tell me I have to pay THE money back or they'll hand it over to the police threaten me that I can be arrested. Can i be????

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

    That being said, absent evidence that you took the money, it is unlikely that you will be arrested. If you are arrested, it is unlikely that there will be a prosecution - unless there is evidence that you took the money. The fact that the drawer was short could be due to error by you or the employer, or an act by a third party. It does sound like you should start looking for another job, though.

    /Christopher E. Ezold/

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  • What are the rules for having someone not return to an office that is run out of a person's home?

    I had a major disagreement with my therapist who practices out of her home. I had no idea there was an issue because she called to check on me for 2 days afterwards. Then, she said she has to see me outside of her office and I am not allowed to go...

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

    That being said, there are no rules - you do not have a right to be treated at the therapist's home. The therapist can determine where and when she sees you; if you do not like her choices, you can choose to see another therapist.

    /Christopher E. Ezold/

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  • How can I sue a hospital for HIPPA violation of my records and I received another person's discharge information.

    Went to ER on 6/30/2016. After 12 hour wait for port needle replacement for 2nd time I was in ER 6/29/2016 for needle insertion into port On 6/30/2016 I was discharged after 8 hours and given another patients discharge papers. I had partial of mi...

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

    That being said, you have no private right to sue under HIPAA. You might have a right to sue under state law, but in your case, there is no evidence your information was given to a third party - you received someone else's information not the other way around. Without a showing of any damages to you, I don't believe any state laws exist that would help you here.

    /Christopher E. Ezold/

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  • Can my employer keep my check for this reason?

    I quit my job on Monday, 6/13 I called 5 hours before my shift to inform my employer that I would not be in today. Later that day around 9am one of my coworkers kept texting me throughout the day saying that the owner needed me to go to the doctor...

    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, New Jersey or Federal law apply, unless otherwise specified.

    That being said, they may not keep your check due to the review you posted. You can report their failure to pay to the state, or speak to an employment attorney.

    /Christopher E. Ezold/

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  • Do i have grounds to sue my previous employer for wrongful termination ?

    i was let go for my employer for sleeping on the job but the day in question is the same day that i was sent home. My team leader assumed i was tired or falling because on my break he mentioned that i had my head on my locker. I"m pregnant and i h...

    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, New Jersey or Federal law apply, unless otherwise specified.

    That being said, you may have a claim for either pregnancy/gender discrimination and/or disability discrimination. You should speak with an employment attorney ASAP, as you have limited time to bring any claims you might have.

    /Christopher E. Ezold/

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