Answers Posted By Trey Henderson

Answer to REPAYMENT OF SIGN-ON BONUS

breach of contract

I suggest you seek a local attorney and have the attorney send a letter to the company. The technical answer to your question is that she should pay the money back and then go after the company for any damage it caused her from a breach of contract and possibly fraud and misrepresentation. However, you may be able to resolve it by sending a letter from an attorney and then negotiating.

posted Aug 6, 2003 8:49 PM [EST]

Answer to Laid off due to being in the hospital with his wife and son.

FMLA

The company may have violated his rights under the Family Medical Leave Act. If he had been at the company for over one year and the company had over 50 or 55 employees(not sure off the top of my head), then the FMLA would apply. According the the FMLA, he may be able to take some tme off for family medical emergencies. Contact the Department of Labor about his case.

posted Jul 29, 2003 10:10 AM [EST]

Answer to discrimination/breach of contract

claims

You are correct. The EEOC handles discrimination, but not breach of contract claims. You have several options: 1) you could pursue your discrimination claims through the EEOC now and hold off on your breach of contract claims until later (breach of contract has a 4 year statute of limitations), 2) you could get a lawyer now for the breach of contract claim and still go through the EEOC at the same time by yourself, or 3) you could have an attorney represent you in both now while the claim is in the EEOC.

It is hard to say if a group would be beneficial to you. On the one hand it might put more pressure for the company to settle. On the other hand it might hurt your claim if your was stronger or different from the others.

I suggest you seek the advice of a local attorney.

posted Jul 28, 2003 9:18 PM [EST]

Answer to direct deposit debit by employer

salary due

In Texas, the employer must pay the employee his salary within 6 days of the date of termination. If the employer does not, you need to contact the Texas Workforce Commission.

posted Jul 26, 2003 6:52 PM [EST]

Answer to Legal recourse

non-compete

Your question is much too complicated to answer without reviewing the agreement and talking with you. The basic answer is that you possibly have a case against your former employer for tortious interference with your business. I suggest you seek a local attorney's advice on the matter.

posted Jul 23, 2003 09:21 AM [EST]

Answer to race disdrimination

discrimination

That could be race discrimination. If you feel that it is, you need to file a charge of discrimination with the Equal Employment Opportunity Commission. They will do an investigation.

posted Jul 16, 2003 10:58 AM [EST]

Answer to non-compete

non-compete

You need to seek the opinion of an attorney. There is not a simple answer to your question. If the company pursues the non-compete, it will probably seek a temporary restraining order to prevent you from competing in the short term. You need an attorney opinion on the odds of this being successful.

posted Jun 17, 2003 09:48 AM [EST]

Answer to black eye and busted lip in the workplace????

assault

If you are asking about legal options, you could sue the employee that hit you. You might also be able to sue the employer, but there may be an issue with worker's comp. I suggest you seek the opinion of a local attorney.

posted Jun 16, 2003 8:42 PM [EST]

Answer to Overtime drawing

overtime

You did not provide enough information for me to determine if you are exempt. You need to contact a local attorney or call the Department of Labor for the answer.

posted Jun 14, 2003 09:36 AM [EST]

Answer to Getting told to sign or be fired.

overtime

You should consult the Department of Labor, Wage and Hour Division. You may call them anonomously.

posted Jun 6, 2003 9:07 PM [EST]