Trey Henderson
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Answers Posted By Trey Henderson
Answer to Non-Compete vs. unethical business practices
non-competeI agree with Margie. You need to see an employment lawyer who is well versed in non-competes and have them review the contract. In Texas, there must be consideration for you signing the non-compete. My first question to you would be: What did you receive in return for signing the non-compete?
posted Jul 2, 2002 10:50 AM [EST]
Answer to Severance pay without signed agreement
severanceYou should have a local employment attorney review the agreement. You should be aware of the rights that you are giving up by signing the agreement. However, it is not uncommon to have a clause in a severance or separation greement stating that the employee will not seek re-employment with the company.
posted May 16, 2002 10:20 AM [EST]
Answer to Golden Umbrella Insurance
insuranceI would check with an insurance company. Most loss of business policies will not cover your termination, but you may be able to custom make a policy to fit your needs.
posted May 9, 2002 07:43 AM [EST]
Answer to Suing for illegal interview questions
interview questionsYou have a tough case to prove in court. Techincially, the questions you described are not "illegal". If you can prove that the questions were asked to weed you out for insurance coverage, you might have a case under ERISA. The type of interview questions that give rise to most cases are ones that violate the Americans With Disabilities Act, such as "what is wrong with your legs". I recommend you contact your local EEOC office and inquire about the questions asked.
posted May 6, 2002 9:00 PM [EST]
Answer to WHITE COLLAR TO BLUE COLLAR
unemploymentWithout more detail, my answer would be that you will not be able to collect unemployment if you voluntarily quit the job.
posted Apr 13, 2002 8:51 PM [EST]
Answer to Differant pay rate on vacation time
vacation payI am not aware of this practice being illegal. You should check the employment manual or the benfits plan to see if it mandates that the pay is at your regular rate. Additionally, I would contact the Department of Labor and ask their opinion.
posted Apr 11, 2002 7:57 PM [EST]
Answer to TWC claims against limited partnership
unemploymentIf the LP was set up properly and there is no fraud involved, there should be no liability of limited partners. However, the general partner, which usually is a corporation, is responsible. If you would like to dicuss, feel free to call me at 713-266-1380.
posted Apr 11, 2002 7:55 PM [EST]
Answer to Discrimination Settlement
grievanceI agree with Margie. I wouild like to add that many clients are not happy with employment law settlements. These are very hard cases to win. Last figure I saw was that Plaintiffs have a 14% chance of winning at trial. Often, it is wise to accept a reasonable settlement and move on. Some money is better than none. However, it is possible that something was wrong in your friend's case. Consult another attorney and get a second opinion.
posted Apr 9, 2002 9:06 PM [EST]
Answer to Claim for wrongful dismissal
employment at willIt is employment at will in Texas. An employer does not need a valid reason to terminate you. However, an employer cannot discriminate against you based upon a state or federally protected class. There are a few execeptions to the doctrine as well. What is the real reason they fired you and what law do you think they have broken?
posted Apr 1, 2002 5:24 PM [EST]
Answer to physical assault and sexual harassment
retaliationYou can sue on either or both claims as long as you get a right to sue from the EEOC. It sounds like the retaliation may be stronger. We usually file both claims together. Call me to discuss representation at 713-266-1380.
posted Mar 27, 2002 08:25 AM [EST]