Trey Henderson
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Answers Posted By Trey Henderson
Answer to Commissions lost by employer account mgmt
commissionsyes, you may have a case. Failure to properly pay commissions can be a breach of contract. You must first determine if a contract for commissions existed, and then determine if the employer breached that agreement. If the answer to those to questions is yes, then you have claim.
posted Nov 27, 2003 08:39 AM [EST]
Answer to employer sues exemployee
non-competeThese are really questions for your attorney. Each non-compete case is different and the arguments are different. The main arguments for the employer usually are from the body of the agreement. The employer is seeking to enforce a contract. On top of that, the employer usually argues that it will be harmed if the judge does not enforce the non-compete.
posted Nov 25, 2003 7:08 PM [EST]
Answer to unpaid salary
wagesAn employer must pay an employee wages that are earned, ragardless if the employer gets paid. In addition, an employer may not deduct anything from the paycheck without the express written consent of the employee. You should contact the Texas Workforce Commission.
posted Nov 25, 2003 7:05 PM [EST]
Answer to denied severance
severanceIf the plan is as clear as you say it is, I think it is at least letting a lawyer take a look at it. You may have a claim under ERISA.
posted Nov 25, 2003 7:03 PM [EST]
Answer to Non-payment of promised severance pay
severanceif the promise can be construed as a contract, you can sue for breach of contract. It is also possible there may be an ERISA claim as well. I suggest seeking a local attorney to assist you.
posted Nov 10, 2003 12:43 PM [EST]
Answer to Layoff of a 65-year old?
lay offYes, the company can lay you off as long as the decision is not based upon one of the protected factors such as age.
posted Nov 6, 2003 08:19 AM [EST]
Answer to Work Injury and FMLA
FMLAThe FMLA entitles you to take up to 90 days off for a serious illness. You should come back to the same or similar position. If the company fired you while you were out, you should consult a local attorney or contact the department of labor.
posted Oct 29, 2003 10:43 AM [EST]
Answer to Brief as I could be, Help me in Texas.
EEOCIf you feel you have been discriminated against because of your race and/or retaliated against for reporting discrimination, you should contact the Equal Employment Opportunity Commission. For those two causes of action, you must go through the EEOC first before you can file suit. The EEOC will conduct an investigation. The EEOC website is www.eeoc.gov
posted Oct 24, 2003 1:15 PM [EST]
Answer to Compete with my Employer in different state.
non-competeyou need to have a lawyer review the agreement and get an opinion. For the basics on non-competes in Texas, go to www.houstonattorneys.com and click on legal articles. The answer depends on the language of the non-compete, the consideration given, and the effect you will have competing. My guess is that they will have a hard time enforcing it.
posted Oct 10, 2003 11:13 PM [EST]
Answer to non-compete VS firm offering illegal services
non-competeYou need to get to a local lawyer for a detailed analysis and to respond to the letter. Non-competes are difficult to enforce in Texas but can be enforceable if drafted correctly and there is proper consideration. I have an article about non-competes on my web site at www.houstonemploymentlawyer.com
posted Oct 6, 2003 1:45 PM [EST]