Answers Posted By Trey Henderson

Answer to Chronic and permanent Illness and Fmla

FMLA

I cannot completely understand your issue from teh facts you have given. However, if you feel that teh company has violated your rights under the FMLA, you may go to the Dept. of Labor or go to a private attorney. The FMLA holds that you may take up to 90 days off without pay for serious illnesses. When you return, you must have the same or similar job. You may also seek representation from your union because your rights under the collective bargaining agreement may have been violated as well.

posted Sep 14, 2002 5:32 PM [EST]

Answer to Are there any rights to those employees who are laid off?

employment at will

Texas is employment at will, which means that the company can lay off employees for any reason as long as it does not violate one of the statutes or common law. For a list of the basic employment laws in Texas, go to my web site at www.houstonattorneys.com. The short list of things the employer cannot do is discriminate against an employee based upon their race, sex, age, disability, national origin or religious preference. For example, the company cannot decide to lay off an Afican American simply because the person is African American. However, it is the employee's burden in court to prove that the company laid him or her off because of that factor. If you feel that the company has violated your rights, you need to seek a local attorney and/or the Equal Employment Opportunity Commission.

posted Sep 14, 2002 5:28 PM [EST]

Answer to Non-compete clause after 8 years of employment? Can they make me sign?

non-compete

I have an article on my web site about non-competes in Texas. To view it, visit www.houstonattorneys.com and go to the legal articles page.

posted Sep 12, 2002 3:35 PM [EST]

Answer to Management is making our workplace unbearable by restrictions and policies of convienience.

answer

try www.eeoc.gov or www.houstonattorneys.com

posted Sep 10, 2002 2:38 PM [EST]

Answer to age discimination; retaliation; sexual harassment

retaliation case

Based upon the facts you have given, it is impossible to tell if you have a claim. If you can prove that the company gave you a bad review because you filed EEOC charges, then you have a good retaliation claim. You should seek a local attorney if you want a better evaluation.

posted Sep 7, 2002 12:56 PM [EST]

Answer to Wronfully Terminated and no Union help, Iranian U.S. citizen

union

Your wife should consult a local employment/labor attorney. If the union contract was violated and the union won't help, she can file suit against the company and the union. You might also want to look into potential claims under the FMLA and ADA.

posted Aug 29, 2002 7:58 PM [EST]

Answer to Wrongfull termination

employment at will

You should consult an attorney and/or the EEOC with the full story, but with the facts as presented you will have a tough case to prove. It is employment at will in Texas. This means that the employer does not have to have a valid reason to fire you. Of course, there are certain reasons that the employer cannot fire you, such as because of your race, gender, etc. For a more detailed explanation of Texas employment laws, visit my web site at www.houstonattorneys.com.

posted Jul 23, 2002 8:53 PM [EST]

Answer to clarification of wrongfull termination

wrongful termination

I have an article on my web site titled "Basic employment laws in Texas". That is a good place to start. go to www.houstonattorneys.com.

posted Jul 17, 2002 7:04 PM [EST]

Answer to Ok for salary, not ok for hourly...

employment at will

Unfortunatley, Texas is an "at will" state. This means that the employer can hire, fire or put you on probation for any reason. The employer does not have to treat you the same way as your supervisor. However, if you are being treated differently than someone else based upon your race, sex, disability, age, religious preference or national origin, you have a claim. If so, you need to file a claim with the EEOC. As far as a defamation claim goes, you must show that someone said something about you that was untrue and damaged you. These types of claims usually have more merit if something untrue is said outside of the workforce.

posted Jul 16, 2002 2:22 PM [EST]

Answer to Forfiture of commissions upon voluntary termination

commission

Depends on your agreement. What was the initial agreement? If this was not originally addressed you may be due the commissions.

posted Jul 6, 2002 5:14 PM [EST]