Answers Posted By Trang Tran

Answer to I was a truck driver for a company hauling steel. I was hit by the steel the customers were unloading causing a head injury on February 28, 2018. I returned to work on September 25, 2018. I was denied the chance to drive again and given an office job. The

This sounds like workers compensation retaliation claim. If an employer is reducing an employee's assignments and pay after an on the job injury, they may be violating the Texas Labor Code by retaliating against an employee. More information about this issue can be found here https://www.tranlf.com/workers-compensation-retaliation/

posted Nov 26, 2018 2:25 PM [EST]

Answer to Is there any resolution for a large company repeatedly bouncing most or all checks?

Bounced checks can be recovered under the Texas common law of quantum meruit (no labor for free). Bounced and late payroll checks can be recovered under the Fair Labor Standards Act because employees should be paid for their labor within the regular payroll cycle. Requiring employees to chase down their wages for weeks after they are earned is a liability. Read more about it here
http://overtimelawyers.com/bounced-payroll-checks-are-a-liability/

posted Sep 19, 2018 08:33 AM [EST]

Answer to Our employer states if we do not sign out at the end of the day, employees will only be paid until lunch. Legal??

No. An employer cannot withhold pay as a form of disciplinary action. Denying pay for post lunch work sounds like a minimum wage violation. Failing to account for hours worked after lunch could result in overtime violation. See http://overtimelawyers.com/?page_id=53

posted May 23, 2017 06:33 AM [EST]

Answer to I am a personal trainer in Texas. I signed a no-compete while working for my former employer saying that I wouldn't solicit past or current gym members for 3 years. I have since opened my own gym. I have not saught any of my former clientel, however they

The 3 year restriction sounds more like a non-compete and a non-solicitation. In Texas an employer who wishes to enforce a 3 year non-solicitation must prove that the restraint created by the non-compete must not be greater than necessary to protect the employer's legitimate interest such as business goodwill, trade secrets, or other confidential or proprietary information. Third, the promise's need for the protection given by the agreement must not be outweighed by either the hardship to the promisor or any injury likely to the public. A 3 year restriction does not seem to be narrowly tailored. I wrote a blog about non-compete and non-solicitation http://www.tranlf.com/non-compete-texas/

posted Jan 27, 2017 5:54 PM [EST]

Answer to suspended from work without any notice, what can I do about this?

In these situation, knowing your rights and documentation is important. Take a look at your employee handbook and read the procedures for Termination and alternative dispute resolution. Then ask your supervisor or employer in writing for clarification on your employment status. Even though in Texas, the employer is not required to provide the employee with a reason for termination, many employers do if asked.

posted Jan 27, 2017 3:27 PM [EST]

Answer to How can I stop my previous emplyer from changing the reasons I was terminated ?

It's not uncommon for defamation or slander cases for bad or untrue references to be resolved with neutral references being one of the settlement terms.

posted May 10, 2011 12:42 PM [EST]

Answer to Do i have to use up all my sick & vacation time before I can use FMLA time?

Yes. Your employer can use your accrued vacation and personal days as part of your FMLA leave.

posted May 10, 2011 12:40 PM [EST]

Answer to Should I fight this

Unfortunately, there's no employment law protecting employees against bosses who belittle them. However, if you can prove that your boss mistreated you because of some protected characteristics (i.e. medical condition, age, race, national origin, religion etc) you can fight the wrongful termination. This is especially true if you can prove that other employees have left work without permission and were not terminated upon return.

posted May 10, 2011 12:27 PM [EST]

Answer to Is it an at-will termination or retaliation based on a possible pretext?

You would need proof that you were engaged in protected activity of opposing discriminatory practice in the workplace or that they fired you because of your protected class.

posted May 10, 2011 12:24 PM [EST]

Answer to I resigned my position am I entitled to unemployment compensation.

Yes, if you can establish that the demands and complaints lead to what is considered "constructive discharge." If you had to resigned or face termination, that can be considered constructive discharge and you may qualify for unemployment compensation.

Trang Tran
www.overtimelawyers.com

posted May 10, 2011 12:22 PM [EST]
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