Trey Henderson
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Answers Posted By Trey Henderson
Answer to Can they hold my paychecks?
paychecksNo, the store cannot hold your paychecks. Go to the Texas Workforce Commission and they will collect the money for you.
posted Sep 23, 2003 08:30 AM [EST]
Answer to Non-Compete Agreement
non-competeyou definately need to consult a local attorney. Your questions cannot be answered easily. For the basics in Texas non-compete law, see my web site for an article I wrote at www.houstonattorneys.com. If you personally are not under a non-compete, you may be OK. However, the companies may have an agreement between them which would prevent Company C from taking Company B out of the loop.
posted Sep 19, 2003 4:26 PM [EST]
Answer to Employee misclassified as Independent Contractor
contractorYou should seek the advice of a local attorney to see if you may have a claim for unpaid benefits. It is possible you have a claim under ERISA.
posted Sep 19, 2003 2:09 PM [EST]
Answer to What?
employment at willIt is employment at will in Texas. Your employer can terminate you for a prior conviction.
posted Sep 17, 2003 7:41 PM [EST]
Answer to Wage Payment
paymentThe company must pay you for the time you have worked. If it does not, you should file a claim with the Texas Workforce Commission. However, payment is not a sure thing if the company goes out of business. Technically it must pay you but there may be no money available.
posted Sep 16, 2003 12:33 PM [EST]
Answer to Employee Misclassified as Independent Contractor
additional infoMargie's advice is sound. I would also advise you to ask your lawyer if you may have an ERISA claim for back benefits. There has been a string of cases such as the Microsoft case where employers have been treating employees as contractors and not paying them the proper benefits due under their plan.
posted Sep 15, 2003 7:15 PM [EST]
Answer to Trying to recover unused vacation
vacation payThere is not law that requires them to pay you for unused vacation. However, if there plan says that they must pay you for unused vacation, then you may have a claim under ERISA.
posted Sep 10, 2003 8:45 PM [EST]
Answer to What is a typical severance package for a staff position?
severanceThere is no standard severance in Texas. If you make a proposal, remember that you should start higher than you will utlimately take. There may be some negotiating. I suggest you ask for a certain number of weeks per year, i.e. 3 or 4 weeks per year of service. I suggest you consult a local attorney to devise a strategy. If you have any underlying claims, you may be able to get more severance.
posted Sep 9, 2003 1:14 PM [EST]
Answer to The new employer whom i am going to join wants to change the offer.
breach of contractTexas is employment at will, so you may not have a strong case. You may have a breach of contract if the offer and acceptance was considered a contract. It would need to be for a specified amount of time, i.e. "for a year". You may also have a case for fraud and misrepresentation if you can prove the company did this to you on purpose. I suggest you seek a local attorney to get a more detailed opinion.
posted Aug 30, 2003 09:24 AM [EST]
Answer to WRONGFUL TERMINATION
terminationIn Texas, it is employment at will. This means an employer can fire you at any time for any reason, with a few exceptions. There is not requirement in Texas that the employer must wait six months to fill a job.
posted Aug 10, 2003 12:43 PM [EST]