Answers Posted By Karen Fitzgerald

Answer to Taping Conversations

taping conversations

I think that you do need to consult with an attorney where you live. As a general rule, in Texas, it is legal to tape a conversation so long as one person to the conversation consents to the taping. The person doing the tape recording can be the consenting person. Thus, under Texas law, what you have done is perfectly legal. Pennsylvania law may be different. Because you were in Texas and the person you spoke with was in Pennsylvania, there may be some interplay of the law that would impact this situation. That is something that cannot be answered without additional research. I do think they are using this threat to keep you from pursuing your claim at the EEOC level. You should get some additional legal advice that can tell you exectly what your rights are.

Good luck.

Karen Fitzgerald

posted Jun 23, 2003 10:48 PM [EST]

Answer to Charging vacation time for built in overtime day.

Overtime Day

It is difficult to determine if there is an overtime violation without more information, but it certainly appears thta there might be an overtime violation. You should contact an attorney who has experience in the FLSA area to review this for you to determine if there is an overtime violation.

Good luck!

Karen Fitzgerald

posted Mar 31, 2003 9:41 PM [EST]

Answer to Question on Maryland based Non-compete

Maryland Non-Compete

Chris:

This is a difficult question to answer definitively. It is possible that a Texas court would interpret the non-compete under Texas law, but it is not a definite. You should review the non-compete to see if it includes a choice of law. Does it say that Maryland law applies or does it say that Texas law applies? Even if it says that Maryland law applies, there are times when a Texas court will apply Texas law in interpreting a non-compete for public policy reasons.

Second, it is impossible to answer your question about whether they can keep you from working in the same industry without reviewing the agreement. Courts will enforce a non-compete if it complies with the statute and is reasonable in scope for the time duration, geographic scope and duties restricted. This is a very fact intensive analysis.

For a definitive answer, you need to contact an attorney and have the attorney review it for you.

Good luck!

Karen Fitzgerald

posted Feb 27, 2003 11:43 AM [EST]

Answer to retaliation/discrimination/pregnancy/fmla violations

retaliation, etc.

Based on the information you set forth, it certainly sounds as if you have some valid claims. Certain of the claims you would want to assert, such as discrimination and retaliation, have a short time frame for being reported to the EEOC or TCHR. Without more information, we cannot tell whether those claims would be time barred or not. You should consult with an attorney and provide the attorney with a detailed chronology of events. That will help the attorney determine whether any of the claims are time barred. You would also want to make sure that you give the attorney a copy of all of the documents that you that would support your claims.

posted Dec 4, 2002 4:04 PM [EST]

Answer to NonCompete

Non-Compete

You should consult an attorney to determine whether the non-compete agreement that you signed is enforceable. Your lawyer would need to review the agreement and try to determine what law would apply to the contract and then review that state's laws to determine whether the non-compete is enforceable. The laws differ from state to state, but it is not at all uncommon for employers to have employees sign non-competes that do not comply with state laws.

posted Dec 4, 2002 12:59 PM [EST]