Answers Posted By Trey Henderson

Answer to Competition for a machine tool company

non-compete

Brad. Call me at 832-524-9002. It is not a simple answer. Is the word "compete" defined in the agreement? Was there consideration for the non-compete? Is it limited in time, scope and geographic area? It may not be enforceable.

posted Feb 2, 2009 10:21 PM [EST]

Answer to Multi-Discrimination

retaliation

I would get a lawyer to go to the mediation with you and present a damage model. I would not ask for a right to sue until you have gone through mediation and you have a lawyer. Once you get the right to sue, you have either 60 days to file in state court or 90 days to file in federal court.

posted Jul 28, 2008 2:15 PM [EST]

Answer to signed a non-compete when I sold my business

non-compete

I suggest you talk to a local attorney. Texas statutes state that there must be 4 things present for a non-compete to be valid: there must be consideration and it must be reasonable in time, scope and geographic area. The agreement should have specified a time period. Without a specific time period outlined, my guess is that a judge would either declare the non-compete invalid or possibly use a reasonable period. A reasonable period in most situations would be 2 years or less. However, I would have a local attorney do some case law research to see if there is a case directly on point.

posted Nov 22, 2006 07:57 AM [EST]

Answer to Severance Pay Issues

non-compete

I advise you to seek a local attorney to review the agreement before you sign it. The wording is normally very specific on what you cannot do during the protected period. It is impossible to answer your question without looking at the severance agreement.

posted Nov 1, 2006 4:53 PM [EST]

Answer to conflict of interest in the hiring process...

employment at will

Texas is employment at will. That means the employer can promote anyone they want for any reason. The employer can even act like they will promote someone random when they already know who they will promote. Given the facts you describe, it does not sound like the law was violated unless the employer specifically did not promote someone else because of race, sex, disability, religious preference, age or national origin. You may want to consult a local attorney or the Equal Employment Opportunity Commission with more thorough facts.

posted Oct 17, 2006 07:26 AM [EST]

Answer to Discrimination & Retaliation

retaliation

It sounds like you might have a claim for retaliation or violation of the Family Medical Leave Act. I suggest you seek advice from a local attorney.

posted Oct 11, 2006 07:29 AM [EST]

Answer to Fired, slandered and no money.

overtime

You should contact a local attorney immediately about your overtime. You did not give enough info to determine if you are owed overtime. A company does not have to pay accrued vacation unless its policy states it does. Most companies do not pay accrued vacation. You may also have a claim for defamation, depending on exactly what your boss said about you.

posted May 30, 2006 2:29 PM [EST]

Answer to Breach of Contract

contract

I advise you to seek a local employment lawyer to review the contract. It is impossible to tell you if the contract is valid without seeing it.

posted May 21, 2006 06:29 AM [EST]

Answer to Severance Package - employer adding rules ?

severance

There is no standard severance arrangement. It varies from plan to plan. In texas, a company is not required to pay a severance unless it is guaranteed in its plan. Some companies will have it in their plan to discourage a takeover. Other times the plan addresses the issue of a takeover and states that you don't get a severance if you are offered a similar position with the new company. I suggest you seek a local attorney to review the plan and answer your questions.

posted Sep 28, 2005 10:57 AM [EST]

Answer to Non Compete

non-compete

I agree with Margie. This is a question that cannot be answered simply. Plus, even if the answer is that the employer would have a tough claim to win, the employer may choose to sue just to cause you delay or to outspend you.

posted Sep 27, 2005 8:26 PM [EST]

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