Trey Henderson
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Answers Posted By Trey Henderson
Answer to Is there a dollar range on wrongful termination cases?
amount to juryYes, the plaintiff will ask the jury for a certain amount of damages. If this is a Title VII case, there are statutory limits for the amount of compensatory and punitive damages. The amount depends on the number of employees of the Defendant.
posted Sep 17, 2005 7:09 PM [EST]
Answer to Adding defendants to wrongful termination complaint
new defendantsYes, you will serve the new Defendants with a copy of the lawsuit and they will get a copy of the scheduling order.
posted Sep 17, 2005 7:07 PM [EST]
Answer to severance pay and effect on earned income for earned income tax credit
severanceSeverance payments are typically paid as wages and the tax treatment for Federal purposes is the same as if you had worked for the money.
posted Aug 21, 2005 08:25 AM [EST]
Answer to No compete in Texas automotive field
non-comptesSince it is employment at will in Texas, the employer can terminate you if you don't sign the agreement. However, the agreement will not necessarily be enforceable by the employer. I would advie you to have a local attorney review the agreement before you sign it.
posted Aug 20, 2005 9:14 PM [EST]
Answer to This was done during an investigation of a training session.
questionYes, the employer can ask if you have a relationship with another employee outside of work. Of course, you do not have to answer the question.
posted Aug 4, 2005 7:14 PM [EST]
Answer to Wges not paid & bounced checks
unpaid wagesIt sounds like you are doing the right things. When you say the Labor Board, do you mean the Texas Workforce Commission? If so, that is the best avenue. The other alternative is to get a lawyer and sue, but you will have trouble finding a lawyer on a contingency since the company has financial problems. It sounds like you would win a lawsuit but might have problems collecting. Hopefully you will get your money through the TWC or the criminal route.
posted Aug 3, 2005 3:56 PM [EST]
Answer to Post Employment Harassment
tax issueUnfortunately, your Mom will owe penalties and interest for not reporting the income properly. I strongly suggest that she see a CPA or tax specialist on this issue.
As far as the employer is concerned, shecould get an attorney to send a cease and desist letter to the company. This might make the harassment stop. If the employer tells someone else that she is a thief, she may have a defamation claim. On this issue, I suggest she seek a local attorney.
posted Aug 3, 2005 08:30 AM [EST]
Answer to bonus
taxationYes, a bonus is taxable as ordinary income and includes the same deductions.
posted Aug 1, 2005 9:45 PM [EST]
Answer to Vague contract for piecework, scared to sign
contractYou need to seek a local attorney to get the contract reviewed. It is impossible to answer your questions without seeing the contract.
posted Jul 31, 2005 1:24 PM [EST]
Answer to The "ins and outs" of non-compete agreements in daycares.
non competeTypically, you would know if you signed a non compete. To be valid in Texas, you must be given some sort of consideration for signing it plus it must be reasonable in time, scope and geographic area. The agreement would be similar to other industries. It require you to refrain from competing against the old company for a certain time frame within a certain area. If you would like more info on non competes, see an article on www.houstonemploymentlawyer.com
posted Jun 21, 2005 08:18 AM [EST]