Answers Posted By Jill J. Weinberg

Answer to Is a non compete valid in my particular case as a contracted financial rep in Texas?

An attorney would need to review the agreement you signed to properly answer whether your NC is valid. In Texas a properly written NC can be enforced by a court or arbitrator. But the one you signed may not meet all the requirements.

posted Jun 7, 2011 1:02 PM [EST]

Answer to I resigned my position am I entitled to unemployment compensation.

Yes if you can show you quit your job for a good well-documented work-related or medical reason. You should be prepared to present evidence that you tried to correct the problem before you quit.

posted May 9, 2011 1:26 PM [EST]

Answer to If the current employer has "stifled" my career, not allowing for raises, growth opportunities, etc,

First, have you had a lawyer review the non-compete (NC) yet? That must be done before proper advice can be given on it.
Second, you can't force any employer to give you a raise without a contractual obligation to do so. Do you have one?
Third, if you are being under appreciated and underpaid, why would you want to stay? If you have an updated resumeshowing how you turned the compnay around, you should be a catch for another company!
You can use the NC as an excuse never to leave, but that is not a reasonable understanding of the NC. You are not a slave to this unappreciative and stingy employer. Chances are you are wearing your dissappoinment on your sleeve and the company resents your demands to be properly rewarded. You can let them control your fate or you can take charge of it instead!

posted Feb 16, 2011 10:41 AM [EST]

Answer to Can you please clarify what "formal written negotiations" means?

Generally, only a Judge, jury or arbitrator can make the final determination as to whether you violated the non-solicitation provison. Such a determination will look at the agreement in its entirety, not just "formal written negotiations." Numerous other issues will also be decided such as: is the agreement valid and enforceable, whether your contact with the prospective client was made through your former employer, and assess the damages you may have caused your employer if the "rates" were information you used to secure new business. Get ready to spend a lot of money to defend your self if you are dragged into court etc. to fight over possible violation of the no-solicitation. Better to hire a lawyer before you sign such an agreement or before you breach one rather than afterward.

posted Oct 18, 2010 1:23 PM [EST]

Answer to If my employer keeps an order secret and dose not pay commission, is my employment contract nullifid

An attorney must review your contract before an opinion can be given as to whether the contract was breached or can be rescinded due to the company's conduct. Also, the definition of "net sales" would need to be examined. The "Remedies" section would also need to be reviewed. Are you trying to get out of a non-compete due to this alleged breach? Assuming Texas law applies, you should buy an hour or two of a Texas attorney's time to fully review the agreement and discuss it with you.

posted Jun 7, 2010 10:12 AM [EST]

Answer to My employer wrote me a paycheck and it bounced?

Under Texas Payday law you can file a wage claim with the TWC (same agency that handles unemployment claims) within 180 days of the pay being owed. You do not need a lawyer and no filing fees are involved. However, since it may take a few weeks or months to resolve, you may want to send a letter or e-mail to your Employer stating: On various occasions I have tried to have you reissue the bounced pay check dated 12-17-09. You have ignored my requests. I would like to resolve this ASAP. Please send me a check within the next 5 calendar days for my wages owed for December 2009. If I do not receive it in time, I have been advised to file a wage claim with TWC and the company may also be subject to an administrative fine up to $1000 IN ADDITION to the money I am owed.
I also would appreciate a response to this request.

posted Feb 16, 2010 10:18 AM [EST]

Answer to Are Non-Compete & Ind. Contractor Agreements void if the contractor has been charged with a felony

In Texas, there is no provision in the non-compete law that voids a non-compete simply because someone is charged (or convicted) of a felony.For this reason, the non-compete would need to be reviewed to see if the NC contractually provides for such a trigger that would void the NC.

Likewise, the IC agreement would need to be reviewed to see if simply being "charged" (or convicted) with a felony would trigger termination of the contract.

posted Sep 21, 2009 08:16 AM [EST]

Answer to should i reply to a cease and desist letter

I agree with Mr. LeJune and would like to add the following: You may have also signed a no solicitation (of customers, vendors employees)or a non-disclosure/confidentiality agreement or acknowledged such policies when you signed for a handbook, stock options or even when you logged on to a company computer.
In Texas, even if you did not sign a confidentiality agreement, you cannot walk off with and use confidential or trade secret info (i.e., customer lists, pricing info etc. (even if used in another industry) without exposing yourself to possible liablity.
It is important that all the relevant documents be reviewed by an attorney who is current in this area of the law before you admit or deny anything in writing to the company. The legal fees for reviewing such documents will be far less than the cost of defending against an injunction and trial. As a board certified labor and employment lawyer, I have been hired as an expert by other attorneys to advise on such cases, and I have seen such cases cost employees over $15,000.00 in the first two months of litigation.

posted Aug 10, 2009 08:37 AM [EST]

Answer to Does the non-compete agreement still apply

I cannot comment on the agreement you signed because I have not reviewed it. It should be reviewed ASAP by a qualified attorney so you are fully aware of your legal exposure, if any, if you breach it. Ideally, it should have been reviewed by an attorney before you signed it.
Generally, in Texas, a valid non-compete involves (among other requirements) an employer's agreement to provide new (not past) confidential/trade secret information or/and specialized training in exchange for an employee's promise not to compete for a set time and set geographic location. It is not tied to paying an employee's wages. For this reason, failure to pay an employee does NOT invalidate the non-compete.

posted Aug 6, 2009 11:24 AM [EST]

Answer to Is this non compete enforcable?

Texas non-compete law is very complicated, fact sensitive and is constantly changing.The very essence of a NC IS to deprive you from working in that particular trade. There are numerous factors that must be assessed to determine if a NC is valid,and only a court can ultimately provide the answer. However, Lawyers can tell you the pros and cons of signing the NC (for ex., you are less marketable when you seek other employment and your prospective employer asks if you are bound by a NC). In short, Texas law allows NCs if an employer promises to provide specialized training or FUTURE confidential information to an employee bound by a NC. A NC agreement that may be enforceable under today's case law and not enforceable in the future. It is possible that the same agreement terms (imposed on various employees) may be enforced by one Judge and not another.
Even if the terms of a NC are overbroad the court can rewrite them rather than throw out the entire NC. Most employees make the mistake of signing one BEFORE hiring a lawyer (to save money) only to learn that once they signed it will cost thousands of dollars in legal fees
($10,000 -$50,000) to defend against them when they are sued. I urge you to buy an hour or two of an attorney's time to make certain you know your legal and financial exposure before you sign it.
Make certain whomever you hire as an attonrey is Board Certifed in Labor and Employment law in Texas or if he/she is not, ask them for specific expertise and experience in this area. I have seen too many attorneys not familiar with the constantly changing NC law give bad advice.

posted Aug 3, 2009 10:38 AM [EST]