Trey Henderson
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Answers Posted By Trey Henderson
Answer to denial of bonus
bonusYou may be due bonus depending on how the plan reads or what the terms of the contract are. Bonus is usually due because there is a plan in place or a mutual understanding between the employer and the employee that a certain bonus will be paid. Either should specify the details on when a bonus is due and who has earned it. Some plans state that an employee must actually be at the company at the time the bonus is paid. If this is not specified, then it would be up to a judge or jury to determine whether the bonus is due to you. I suggest you seek a local attorney.
posted Jan 28, 2005 09:13 AM [EST]
Answer to Fired and previous employer will send final paycheck.
final paycheckAn employer cannot hold your last check without your written authorization. File a complaint with the Texas Workforce Commission.
posted Jan 8, 2005 3:42 PM [EST]
Answer to assault at work
assualtYou can pursue an assault claim against the individual, and possibly some claims against the employer such as negligent hiring and supervision. Some employment lawyers handle these types of claims.
posted Jan 7, 2005 12:52 PM [EST]
Answer to Can i sue?
suitIf you are owed backpay, you can either sue in a court or sgo to the Texas Workforce Commission.
posted Jan 3, 2005 1:11 PM [EST]
Answer to see above
non-competeYour question cannot be answered simply. I strongly suggest you spend an hour with an employment attorney and go over the details. First of all, the attorney needs to look at the non-compete to assess its validity. Second, you need to be versed on the common law causes of action such as trade secrets, conversion of a company list and tortious intereference with a business contract. Once you have an undertsanding of these laws, then you can make your decision on how to proceed.
posted Jan 3, 2005 1:10 PM [EST]
Answer to Job NON Selection
discriminationThe buren of proof on a discrimination claim is on the Plaintiff. Generally speaking, the Plaintiff will need some sort of proof beyond what you described to win a case. However, there may be other proof out there such as comments or a history of not hiring a certian race. If you wish to pursue the claim, file a discrimination charge with the EEOC. They will investigate it and see if there is any proof.
posted Jan 2, 2005 3:47 PM [EST]
Answer to severence pay
severanceIt depends on the wording of the contract. You should get a local attorney to review the contract.
posted Dec 31, 2004 09:02 AM [EST]
Answer to vacation pay
vacation payIt depends on the company plan. In Texas, a company is not required to give you vacation pay. However, some company plans specifically grant you the right to receive vacation pay.
posted Dec 16, 2004 5:14 PM [EST]
Answer to Forced to sign non-compete or lose year end bonus
non-competeIf your bonus was already due to you, the employer may not be able to withhold it. However, if you are an employee at will, it is possible that the employer could fire you if you do not sign the agreement. I encourage you to speak with an attorney.
posted Dec 15, 2004 8:34 PM [EST]
Answer to Reduction in eligibility for bonus
breach of Kyou may have a breach of contract claim. I would contact a Dallas attorney. One good place to look is at www.nela.org
posted Dec 15, 2004 2:55 PM [EST]