Trey Henderson
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Answers Posted By Trey Henderson
Answer to ABSOLUTELY NOT PAYING FOR CONSULTATION!
wagesIt depends. If you are an hourly worker, you must be paid for all of your hours. If you are a salaried worker, then your employer could make you finish the job without extra compensation outside of your base salary. If you feel your employer has violated your rights, contact the Texas Workforce Commission.
posted Mar 29, 2003 8:26 PM [EST]
Answer to FAILURE TO INFORM EMPLOYEE INJURED EMPLOYEE OF BENEFITS, AND WRONGFUL TERMINATION
claimYour question is not that easy to answer. You may have a claim under the Amercians with Disabilities Act if they terminated you because of a disability. If you want to pursue it, file a claim with the EEOC. However, this will be a tough one to win.
You may have a claim for workers comp. I am not a comp attorney and you should consult one.
You may have a claim under the long and short term disability plan or for an appeal with social security disability. You should seek an attorney for that also.
You may have to see three different types of attorneys to pursue all of your claims.
posted Mar 12, 2003 10:48 AM [EST]
Answer to How to change the wrongful termination law?
at willThere is no official statute making Texas employment at will. Case law has held it is employment at will unless it falls under common law or statutory exceptions. You should consult a local lawyer to see if you have a case. There are two ways to change the laws: take a case to court and get new common law established or convince the legislature to enact new laws. One organization that strives to change the laws is the National Employment Lawyers Association (www.nela.org). You can also write your Congressman to address legislative changes.
posted Mar 3, 2003 8:59 PM [EST]
Answer to When do I need to get a lawyer?
lawyerYou do not have to get a lawyer for a mediation, but it would probably be a good idea. A lawyer can present your best legal case at the mediation and the company may take you more seriously. Got to www.houstonattorneys.com to see an article on employment law mediations.
posted Mar 1, 2003 3:41 PM [EST]
Answer to Previously submitted question.
TWCYou are probably on the wrong web site for your answer. Most employment lawyers work with the TWC and the EEOC. We do not handle causes of action against them. I suggest you seek an administrative lawyer.
posted Feb 28, 2003 5:38 PM [EST]
Answer to retaliation
at willIt is employment at will in Texas. That means the company can fire you for a bogus reason as long as they are not violating one of the laws such as discrimination based upon race, etc. For a more comprehensive list of employment laws in Texas, go to www.houstonattorneys.com
posted Feb 17, 2003 4:15 PM [EST]
Answer to Mom fired while on medical leave
FMLAThe FMLA allows a person to take up to 90 days off for a serious illness. If your Mom has been out longer than that, the FMLA will not apply. The Americans With Disabilities Act holds that an employer cannot discriminate against an employee because she has a disability. However, the employee must be able to work. Since your Mom has been out so long, it will be tough to prove an ADA claim. Bottom line is this, if you are out on doctor's care for an extended period, the employer can usually fire you. I would suggest you go see a local attorney to get a more detailed answer.
posted Feb 12, 2003 4:22 PM [EST]
Answer to terminated vs lay off (benefits still paid.)
at willIt is employment at will in Texas. The Company has not duty to bring you back even if it was a lay off and not a termination.
posted Feb 11, 2003 2:41 PM [EST]
Answer to Lazy Lawyers
lazy lawyersLawyers sometimes will take a case on contingency and see if they can settle it easily. If so, they can make their fee with minimum work. Once suit is filed, the attorney will spend quite a bit more time on the case. The fact that the two attorneys wrote letters and then did not file suit probably shows that they did not feel it was worth their efforts to proceed with a suit. If they truly believed your case was very strong, they should have been willing to proceed with litigation. This is not to say you do not have a strong case. You need to find an attorney who believes in your case.
posted Jan 30, 2003 3:03 PM [EST]
Answer to FMLA Violations
ADA claimI agree with Margie. You should seek an attorney on both issues. If you choose not to seek an attorney, you should go to the Department of Labor about the FMLA claim, and the EEOC about the ADA claim. The ADA claim will not be easy. It will be a challenge to prove that Hepatitis C is a disability or a perceived disability.
posted Jan 29, 2003 5:00 PM [EST]