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Christopher Edward Ezold
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Christopher Ezold’s Answers

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  • A nurse forged my signature on HIPAA release & sent to a doctor, despite knowing I did not approve release. She has admitted.

    Nurse was assigned through insurance company as a case manager. Since I didn't know her, I told her I DID NOT give permission for her to contact my doctors and specifically marked out sections on release form giving permission. Told her I might gi...

    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 is no federal claim for you here - there is no private right of action under HIPAA. You may have state law claims, but they likely will be dependent on your damages, if any. If you were not harmed (except for the distress of having someone impersonate you to get your medical records), then the value of the case may not be worth pursuing (no matter how distressing this is, legally awardable damages may not be significant). Speak with a local attorney who deals with invasion of privacy issues.

    /Christopher E. Ezold/

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  • What can I do if my ex employer forged my signature on a non compete

    He is upset only, because I quit working for his agency and now working for another agency.. I quit , because he was causing me mental stress...

    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, if the former employer has forged your signature and attempted to interfere with you obtaining further employment, you may have a claim of 'tortious interference with contract.' You would have to prove the signature was a forgery. If the employer submitted the document to the court in pursuing a claim against you, and you could prove it was a forgery, then the employer would likely be subject to sanctions for perjury and violation of court rules. If the employer is interfering with you finding further work, you should speak with an employment attorney ASAP.

    /Christopher E. Ezold/

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  • Is my employer allowed to vase my payroll off the schedule and not the time clock?

    There's been several instances where I've had over 13 hours of overtime missing and have not been paid for full work days! Our administration likes to use the schedule instead of the time clock to base our pay to keep an eye on overtime. Corporate...

    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, an employer must pay you for hours worked - and if you are required to be paid overtime by either PA or Federal law, you must be paid at the overtime rate for overtime hours. If there is too much overtime in the payroll, corporate has to balance its budget in some way other than refusing to pay you. You can complain to the PA Bureau of Labor Law Compliance, or speak with an employment attorney. You may have claims under the PA Wage Payment and Collection Law, the PA Minimum Wage Law or the Federal Fair Labor Standards Act, among others. These claims may give you a right to your wages, plus a penalty of 25% or more, and your attorneys' fees. You have two years to bring most of these claims; you should speak with an employment attorney ASAP, however - if the employer cannot pay wages due now, then it may not have the money at all down the line to pay your damages.

    /Christopher E. Ezold/

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  • Can my employer refuse to pay me because he claims my lack of productivity prevented him from getting reimbursed?

    We had been short-staffed at work due to illnesses. Because I had to help with the front desk and answering phone calls. Therefore, I fell behind on my paperwork and have been working extra hours since that time to catch up. Because I have not ...

    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 violation of the PA Unfair Wage Practices and Collection Law ("WPCL"). The WPCL provides that you must be paid; the employer's position that you were not productive enough for reimbursement to occur to the employer is not a reason to not pay. This means that the employer is liable for your unpaid wages due, and the corporate officers who decided not to pay you are personally liable for your unpaid wages due. You can also get a 25% penalty and attorneys' fees. If you want to pursue your wages, you should speak with an employment attorney, or file a complaint with the PA Bureau of Labor Law Compliance. If you aren't being paid because the employer isn't paid, then there is an increasing likelihood that the employer won't ever have the money to pay you, so act quickly.

    /Christopher E. Ezold/

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  • Is it right?

    I had asked a question earlier in which I had put that I was being treated badly at work however I failed to mention that the bad treatment began when I complained about having to pray for a coworker who was accused of murder and collect money o...

    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 might have a claim of religious discrimination and/or retaliation for complaining of same. Speak to a NJ employment discrimination attorney to determine how to proceed.

    /Christopher E. Ezold/

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  • Wife is sole business owner. Is other spouse liable for business debts or lawsuits that may arise?

    Wife owns a un- incorporated martial arts school. If she gets sued am I liable for damages or debts if the business fails?

    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 are not personally liable, but your joint assets might be subject to lien (i.e. a jointly owned property) if your wife is personally liable for business debts. The lien would be effective against your wife's interest in the property, and make it harder to sell or mortgage the property. The most effective protection against liability will be insurance - although your wife should certainly form an LLC to protect her as well. Your wife should speak with a good business attorney to determine what steps to take.

    /Christopher E. Ezold/

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  • Do I start a care giving business as sole proprietor or LLC?

    I have been care giving for over 15 years in independent homes. Presently I have 3 clients - an employee for the state of PA, independent contractor for a private home in NJ, and contracted to the state of NJ. Would it be wise to create a business...

    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, especially since you are considering hiring, you will want to form an LLC. Do not allow volunteers; you may very well end up with an employment law problem on your hands (i.e. if the volunteer is hurt, you may find you had an obligation to pay workers' comp premiums, and be on the hook for medical care, etc.). If you are in multiple states, you need to ensure you are properly licensed, and if you take insurance, properly credentialed. You should speak with a business/health care attorney to determine your needs.

    /Christopher E. Ezold/

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  • Can your job be terminated after providing notice to leave?

    On August 5, 2016 I informed my direct manager of my intent to leave for another company. I would make my last day of work August 31, 2016. On August 11, 2016 I received a phone call from my manager's boss informing me I was being let go effecti...

    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, as PA is an at-will state, and you have no contract, if you were let go due to your intent to leave twenty days later, there is no legal claim to make for the termination itself. It may be bad management, petty or just plain wrong, but it isn't illegal. You can, however, likely make a successful claim for unemployment compensation for those 20 days.

    /Christopher E. Ezold/

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  • Is this a defamation/libel/slander case?

    If someone emailed a university anonymously, informing the university that an accepted student lied on their application (and it was true), and the university rescinded the offer, can that student sue the email sender for defamation or libel? If 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, New Jersey or Federal law applies, unless otherwise specified.

    That being said, what you describe is a defamatory communication that is true - therefore, the person who made the defamatory publication would NOT be liable for its effects, as truth is an absolute defense to a defamatory statement. Further, the telephone recording may or may not be admissible, depending on the state(s) in which the call was made to and from - and, in fact, the recording could be a criminal act under federal or state law, depending on the facts.

    /Christopher E. Ezold/

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