Trey Henderson
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Answers Posted By Trey Henderson
Answer to Are bankruptcy employee settlement payments taxable?
taxYou need to consult a CPA about the taxation. Most of us employment lawyers are not familiar with the tax laws. However, I would expect the amount you received would be taxable since it is for wages.
posted May 30, 2003 9:05 PM [EST]
Answer to Physcial abuse/harassment
assaultYou probably have a cause of action for assault against the individual who assaulted you. Depending on the facts, the company might be liable for the assault as well. If the assault was sexual in nature, you may have a retaliation claim. You need to consult a local attorney.
posted May 25, 2003 9:24 PM [EST]
Answer to wage payment
commissionyes, your employer may penalize you for late paying customers, unless your contract states otherwise. Howeverm the employer still must abide by minimum wage and overtime laws.
posted May 18, 2003 7:25 PM [EST]
Answer to wage payment
wageyes, the employer can change the way you are paid, unless there is a binding contract that prevents the employer from doing so. It is employment at will in Texas, and the terms of employment can change. The employer still must comply with minimum wage and overtime laws.
posted May 18, 2003 6:17 PM [EST]
Answer to Changing Attorneys
termination of attorneyYes, you may terminate your attorney. However, you may be bound by the fee agreement. Many attorneys will go ahead and give you a release, depending on how much work they have done on the case. Sometimes the current attorney can work out a referral fee arrangement with your new attorney. You need to address these issues with your current attorney.
posted May 13, 2003 10:13 PM [EST]
Answer to Employment Agreement - Compensation typing error in my favor?
mistakeIt is obvious that this is a mistake and a court would most likely interpret it as such. A contract is a "meeting of the minds" and unless both parties actually agreed on the $50,000 bi-weekly, I doubt a court would enforce it, especially when your first paycheck will not indicate that amount.
posted May 9, 2003 7:47 PM [EST]
Answer to Is non compete invalid if I was never paid for employment?
non-competeWade,
You need to pay a lawyer to review the agreement if you want a definate answer. My guess is that the company that "you never worked for" would be willing to provide a letter to your prospective company. Go to www.houstonattorneys.com for an article on non-competes.
posted May 5, 2003 9:33 PM [EST]
Answer to Boss clocked me out two hours before shift was over and did not tell me until the end of the shift.
overtimeNo. Your boss has violated the law. If you wish to pursue it, you should contact the Department of Labor - Wage and Hour Division.
posted Apr 28, 2003 9:06 PM [EST]
Answer to failure to notify about COBRA
COBRAYes, you can sue. You should seek a local attorney to pursue your claims.
posted Apr 18, 2003 09:39 AM [EST]
Answer to What exactly is severance pay?
severanceI am not really sure what you are asking. Severance pay in Texas is not mandatory. However, the company must pay it if they have a contractual obligation or if the compnay plan specifies one.
posted Apr 14, 2003 2:21 PM [EST]