Answers Posted By Trey Henderson

Answer to termination prior to end of 90 day probation

termination

There is no law preventing a company from terminating you while you are in the hospital. However, if you have a disability, then there may have been a violation of the Americans With Disabilties Act. You should contact the Equal Employment Opportunity Commission (ww.eeoc.gov)

posted Nov 20, 2004 2:21 PM [EST]

Answer to Company Standard Practices

discrimination

If you feel that this is discrimination, you need to file a charge of discrimination with the Equal Employment Opportunity Commission.

posted Nov 8, 2004 4:08 PM [EST]

Answer to Overtime vs Docked pay for a non-exempt Salaried Employee

overtime

It sounds as though you might have a claim for overtime. I suggest that you seek an attorney and/or go to the Department of Labor. Just because you are paid a salary does not mean that you are not entitled to overtime. There are certain tests to determine if you are exempt from overtime. In addition, if you are an exempt employee but are docked pay, it may make you eligible for overtime. As far as tracking your hours goes, keep a log as proof of hour worked.

posted Sep 20, 2004 7:27 PM [EST]

Answer to after final order can exemployer stop the collection by suing and filing a injuction?

appeal

Either party may appeal the TWC final decision to county court and it is a trial de novo. This means that the judge will not look at what happened at the TWC level.

posted Sep 18, 2004 07:32 AM [EST]

Answer to Change at-will status

breach of contract

It does not sound like the "at will" status was changed but you may have a claim for breach of contract if the commission is due to you. Some employers will fire a commissioned employee just before a big commission is due to avoid paying it. I suggest that you talk to a local lawyer to review the case.

posted Sep 7, 2004 08:58 AM [EST]

Answer to Termination for refusing to sign an authorization form.

form

It is employment at will in Texas, so if the employer did not violate one of the federal or state discrimination laws or one of the common law tort claims, you may not have a strong claim for wrongful termination. I suggest you seek a local attorney and give the attorney more details.

posted Aug 9, 2004 08:48 AM [EST]

Answer to non-compete

non-compete

You will need to have an attorney review the agreement and then give you some advice. Enforceability of non-competes in Texas is a complex issue.

posted Aug 6, 2004 3:28 PM [EST]

Answer to unauthorized payroll deductions

suit

It sounds like the company has broken the law. You may either go through the Texas Workforce Commission or sue. I suggest trying the Texas Workforce Commission first.

posted Aug 5, 2004 4:36 PM [EST]

Answer to In-accurate Commission Pay

commissions

Yes, you may be able to sue for breach of contract. You can go back 4 yeays for a breach. It will depend on what your "deal" with the company is. If the "deal" was to pay you for all sales and they have not, then they have breached the agreement.

posted Jul 25, 2004 08:48 AM [EST]

Answer to Sexual Discrimation, Retaliation, Emotion Distress

sexual harassment

You have a predicament. It does sound like there has been actionable sexual harassment and a hostile work environment. If you wish to pursue it, the proper first step is to notify the company. If this dows not stop it, then you would file a charge of discrimination with the Equal Employment Opportunity Commission. If you are retaliated against for taking either of these actions, you would have a retaliation claim under Title VII.

The predicament you have is that while the company technically cannot retaliate against you, they could do so in a subtle manner to cover themselves. You may hurt your long term future with the company by reporting it.

It might be a good idea to contact a local attorney and sit down for an hour and go over your options. A good place to look for a local attorney is www.nela.org.

posted Jun 26, 2004 12:23 PM [EST]