Trey Henderson
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Answers Posted By Trey Henderson
Answer to I have a truck that belongs to my former employer, no storage fees have been paid to me
truckyou have no right to the truck. However, if you sue the employer and win, it is possible that you could ultimately seize the truck by court order or force the employer to sell it to satisfy the judgment. If the employer asks for the vehicle back,you must give it back. Otherwise, your refusal to give it back could be considered theft. The good news is that the Texas Workforce Commission should be able to get your the money you are owed.
posted Jun 22, 2004 10:27 PM [EST]
Answer to Wage discrepancies based on Education & Experience
wage discrepenciesAn employer does not have to pay employees equally. However, an employer cannot discriminate againt an employee for a prohibited reason. For example, the employer could not pay a white employee more simply because the employee is white.
posted Jun 16, 2004 8:46 PM [EST]
Answer to Severance Pay Refusal
severanceThe scenario you gave is very common and is probably not in violation of the law. In Texas, the company does not have to give you a severance package. However, if their plan states that they must pay every employee severance, it could be an ERISA violation if they don't pay it. In this case, it sounds like their plan is conistent in that they pay severance to employees not receiving jobs with the new company. I suggest you see a local attorney to review the company plan to make sure it is not violating ERISA.
posted Jun 6, 2004 08:50 AM [EST]
Answer to Employer seeking depositions without filing charges
non competeI advise you to get an attorney immediately. Your former employer has hired a very good firm to pursue this matter, and you need to be properly represented. It sounds as though they did file suit against you and are now seeking to depose you. DO NOT ATTEND THE DEPOSITIONS WITHOUT AN ATTORNEY. These matters are very complex and I cannot give you a detailed analysis in a short space. You need to sit down with an experienced attorney to get your answers.
posted Jun 4, 2004 5:21 PM [EST]
Answer to Harrassment
caseFrom the short version of facts you gave, it is difficult to evaluate your case. I would consult with a local attorney. As far as your retirement benefits go, usually if you are vested the company cannot take those away from you.
posted Apr 15, 2004 8:27 PM [EST]
Answer to Final pay issues.
money owedUnder Texas law, the employer must pay the wages due to an employee. You may want to go to the Texas Workforce Commission to collect this. The TWC may not take the part about the commissions and you may need to sue for those. You can either get an attorney or you could file in a Justice of the Peace court yourself. I suggest contacting the TWC first.
posted Apr 6, 2004 6:40 PM [EST]
Answer to Wages Held By Employer Until Items Returned: Is this Legal?
paycheckThe employer cannot withhold money it owes you. It is in violation of Texas Payday Law. Go to the Texas Workforce Commission if they do not pay you what they owe you.
posted Apr 2, 2004 9:31 PM [EST]
Answer to wage payment
money owedThe TWC only handles claims of employees that don't get paid. If your husband was a contractor and not an employee, the TWC would not handle the claim. He would need to get an attorney and sue for breach of contract.
posted Mar 30, 2004 08:28 AM [EST]
Answer to finding a labor law attorney to take over my case.
attorneytry www.nela.org It is the web site for the National Employment Lawyers Association.
posted Mar 15, 2004 10:02 AM [EST]
Answer to Discrimination/EEOC Mediation
mediationThe EEOC mediation process is often successful. You do not have to have an attorney, but it is often a good idea. The company may take you more seriously with an attorney.
posted Feb 27, 2004 10:54 AM [EST]