Kenneth Byford
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Answers Posted By Kenneth Byford
Answer to WHITE COLLAR TO BLUE COLLAR
BenefitsThe TWC makes its decisions based upon your ability to work. For example, if you could have stayed at the job, then they will, usually, not pay unemployment.
Ken Byford
posted Apr 15, 2002 08:41 AM [EST]
Answer to Differant pay rate on vacation time
Sick TimeThe employment manual is a good place to start-- however, please be aware that an employment manual is, usually, not a contract and a mere guidline which is not contractual enforceable. Further, I agree with Ms. Harris... they do not have to pay you at all for sick time or vacation time-- not even if it is in the manual (unless the manual is construed as a contract-- in most cases, it is not.
Ken Byford
posted Apr 12, 2002 2:02 PM [EST]
Answer to Guaranteed hours not paid in severance
ReplyThe answer to your question deals with two seperate issues-- one, do you have a written letter offering you the severance or was it an oral promise? If the answer is you have it in writing, then, yes, there is some things that can be done. Please be aware, however, severance is not a benefit that everyone is entitled to under the law. Unless you were promised the severance, there is virtually no way to enforce it. If you want further direction, call me at 214-674-1823
posted Apr 3, 2002 1:35 PM [EST]
Answer to Claim for wrongful dismissal
Difference of OpinionI have a difference of opinion with my collegue. Termination at will only applies if you do not have a written agreement. If this is the case, then the agreement controls. My question to you is, do you have a written agreement? You may submit the information to me at kwbyford@yahoo.com or call at 214-674-1823 for more information.
posted Apr 2, 2002 09:22 AM [EST]
Answer to physical assault and sexual harassment
RetaliationOver the years, I have found in litigating these types of cases, that there are many times that sexual harassment cannot be proven even if it happened. This is, more than likely, the reason for the EEOC decision. First, let me say that the EEOC is wrong more often than right. You can still sue on sexual harassment despite their ruling. I have done this many times sucessfully. Second, do not be discouraged... The ruling only lends credit to the fact that you have at least one claim the EEOC believed in.
Kenneth Byford
Byford, Malorzo & Tapscott, PLLC
214-674-1823
posted Mar 27, 2002 08:52 AM [EST]
Answer to TWC files lien for employees back wages
Your QuestionThe employer owes you the wages. It is a matter of suing to recover them should they be solvent. If you would like to discuss this, you can contact me at 214-674-1823
Ken Byford
posted Mar 25, 2002 08:37 AM [EST]
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