Trey Henderson
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Answers Posted By Trey Henderson
Answer to Non Compete/Child Care Center
non competeThe fact that the day care closed does not necessarily void the non-compete. However, non-competes are tough to enforce in the first place. Did you receive any consideration to sign it other than employment at will? If not, it may not be valid. If you wish to compete, I suggest you have a local attorney review the agreement.
posted Feb 18, 2004 5:17 PM [EST]
Answer to reduction in pay to meet OT requirements w/o increasing costs
overtimeYes, the employer can reduce the employees hourly rate as long as the employer is paying at least minimum wage and is still properly paying time and a half for overtime. One exception would be if there was a contract which stated the rate could not be reduced.
posted Feb 16, 2004 2:23 PM [EST]
Answer to Help Help Help
non-competeYou may have several claims against the former employees. If they took the customer list, you have a claim for conversion. If they say something untur about you that is untrue, you may have a case for defamation. You may also have a case of tortious interference with your business. I would seek a local attorney to see about pursuing your claims.
posted Feb 15, 2004 3:01 PM [EST]
Answer to timeliness of paycheck
time of dayTo my knowledge, there is no law against paying late in the day.
posted Feb 11, 2004 8:39 PM [EST]
Answer to With Hold Of Servance Pay
severanceAn employer cannot deduct wages without your written permission. If it is severance pay, it depends on the wording of the plan.
posted Feb 11, 2004 8:38 PM [EST]
Answer to A Pickle
wrongful terminationYou should consult a local attorney for a complete analysis of your situation. The short answer is that it is employment at will in Texas, and your employer can terminate you for any reason. There are, of course, exceptions, such as your employer cannot discriminate against you because of race, gender, disability, etc. From the brief facts you have given, it does not appear that this was a case of protected discrimination. You may have a defamation case against the employer if the employer is saying things about you that are untrue. Since there is probably much more to your story, I strongly suggest that you seek local counsel for an opinion.
posted Feb 7, 2004 1:26 PM [EST]
Answer to Emotional Abuse from employer
claimYou should consult a local attorney to see if you have a claim for intentional infliction of emotional distress. The basic elements of this claim are that the conduct is severe and outrageous, it was intentional and that you suffered severe emotional distress as a result.
posted Jan 9, 2004 11:42 AM [EST]
Answer to wrongfull termination/does Texas employment Law protect people from this
wrongful terminationIt is employment at will in Texas which means that the employer can fire an employee for any reason. However, there are certain things an employer cannot do, such as discriminate based upon race, sex, disability, religious preference, national origin, etc. If your wife thinks she has a claim, she should consult a local lawyer to evaluate it.
posted Jan 9, 2004 11:39 AM [EST]
Answer to final wage and per diem
wage claimI would include all claims and see what the Texas Workforce Commission will attempt to collect.
posted Jan 9, 2004 11:37 AM [EST]
Answer to Harrassment during Pregnancy
claimYour daughter-in-law may have a pregnancy discrimination claim if she can prove that the company is trying to get her to quit because of her pregnancy. If she wishes to pursue this, she needs to file a charge of discrimination with the Equal Employment Opportunity Commission. They will do an investigation into the matter.
posted Jan 2, 2004 11:23 PM [EST]