Answers Posted By Trey Henderson

Answer to Unemployment Compensation after Severence Agreement

unemployment

I suggest you have an attorney review the agreement before signing it. Normally in a layoff situation, you will be able to collect unemployment. Depending on how the severance is paid and how the Texas Workforce Commission construes the payment, you might have to wait until you receive your last severance payment to receive unemployment. Be careful in the wording of the agreement. It is possible that the company could put wording in the agreement that says it is a resignation and not a layoff. If the TWC thinks you quit the company on your own volition, they might deny your unemployment.

posted Dec 14, 2002 08:44 AM [EST]

Answer to Position eliminated while on disability

long term disability

You should consult a local attorney for a more detailed answer, but the short answer is that you probably do not have a strong wrongful termination claim. If you had a claim, it would probably be under the Americans with Disabilities Act which states that you can't discriminate against an employee because of a disability. However, to be a qualified person under the ADA you must be able to perform the essential functions of the job. From your description, it looks like you can't work right now. If that is the case and you can't work for awhile, the employer may terminate you without violating the act. You might have a claim if they terminated you just when you were about to return to work. The good news is that your termination should not affect your status with your long term disability. For more info on the ADA visit my web site at www.houstonattorneys.com. I strongly suggest you contact a local attorney so you can give more in depth information and get a full opinion. My opinion is based on limited information from you.

posted Dec 3, 2002 07:37 AM [EST]

Answer to Work 24--Paid for 20

wage and hour

You may have to be compensated for some of the time. Contact the Department of Labor - Wage and Hour division and/or seek a local employment attorney.

posted Oct 30, 2002 07:36 AM [EST]

Answer to Long Term Disability

severance

You can certainly ask for a severance, but the company does not have to give you one. Are you able to work again? Can you reapply for Long Term Disability?

posted Oct 30, 2002 07:35 AM [EST]

Answer to Sales & Non-Competes

non-compete

It sounds like you have already gotten good advice. There are many other considerations than the mere enforeability of the non-compete, such as the attitude of the company. Will they try to enforce it? Will they be damaged if you compete against them? I am sure that the attorney you consulted went over this with you. For more on the laws of non-competes, go to www.houstonattorneys.com

posted Oct 23, 2002 5:20 PM [EST]

Answer to non-compete is the geographic region to large?

non-compete

There is not a simple answer to your question. You need to have a lawyer review the non-compete and advise you on Texas law in the area. For more info on non-competes in Texas, go to www.houstonattorneys.com.

posted Sep 25, 2002 07:39 AM [EST]

Answer to Can I accept job from employers former client

non-compete

There is not a simple answer to your question. You need to seek a local attorney to review the agreement and give you advice on non-competes in Texas. For a review of non-competes in Texas, go to www.houstonattorneys.com.

posted Sep 23, 2002 8:22 PM [EST]

Answer to retaliation

retaliation

You mention retaliation. What did you do that the company retaliated against? Some types of retaliation are actionable, and some are not. For example, if you reported sexual harassment and the company retaliated against you for the report, you would have a cause of action under Title VII of the Civil Rights Act. For a list of the basic employment laws in Texas, go to www.houstonattorneys.com.

posted Sep 21, 2002 1:30 PM [EST]

Answer to Multiple non-compete questions

non-compete

Wow. You have a lot of questions and you should seek the advice of a local employment attorney. For a brief description of Texas employment laws and non-competes, got to www.houstonattorneys.com. If you wish to negotiate a better severance, you need to know your rights.

posted Sep 18, 2002 5:54 PM [EST]

Answer to FMLA chronic and permanent conditions certifications

ADA

That is a tricky question. The employer could be violating the Americans with Disabilities Act. Are you having seizures and does your employer have any safety concerns for you or your coworkers because of them? If so, the doctor reviews might be reasonable. If you feel that you are being discriminated against because of your epilepsy, you should go see a local attorney and/or the EEOC.

posted Sep 15, 2002 9:32 PM [EST]