Texas Business Legal Questions

The facts of this situation as they relate to you are not that clear. As a general matter, a salaried employee is entitled to no compensation for full days not worked, regardless of whether due to an emergency medical situation or otherwise. An employer need not pay severance or other compensation in connection with a voluntary quit. It is not clear why your commission is being withheld and what the explanation is of the difference between the commission amount of $1,080 and the "almost $2,000" they owe you. Your employer has no legal duty to return your phone calls.... Read More

Assuming you were to file such a lawsuit and win, you would be entitled to a monetary award equal to your actual damages, if any (which would be zero), punitive damages (but only if you have actual damages), plus attorneys' fees and a statutory damage amount of up to $1,000 if the violation is found to be willful.... Read More

It is not clear what all of the relevant facts are. As a general matter, if you do not work, you do not get paid. This is true for hourly employees and even for salaried employees if the absence is a full day. So, if you are paid on a salaried basis, your employer can deduct the portion of your salary that relates to the day of your absence. Unless you have agreed to such an arrangement in advance, your employer probably cannot deduct anything beyond the ratable portion of your pay related to the period of absence.... Read More

As a general matter, a mechanic may exercise a posssessory lien over a car until he has been paid. You, not the insurance company that issued your policy, are his customer, and he is entitled to insist that you pay and await reimbursement from the insurance company before releasing your car.... Read More

As a general matter, it is the employer's duty to update its records to have valid mailing addresses for employees. This is the manner by which, for example, the employee receives his Form W-2 and other notifications regarding employment. It seems unlikely that you can use your own failure to have current address data as an excuse for denying the employee his final pay. The next time you fire someone, ask for their current mailing address.... Read More

As a general matter, no. As you know, federal law imposes responsibility for underpayment of withheld taxes on a wide array of people with authority over an employer's bank accounts, and it will generally be an easy matter for a terminated low-level employee to demonstrate that she had plenty of company when it came to the commission of these acts. Her liability, if any, would be solely for the penalties and not for the interest or the underpayment itself. Most employers say "good riddance" to these employees and simply walk away.... Read More

As a general matter, it is permissible for an employer to encourage employees to vote in a manner which is consistent with the employer's business interests. Coercion is probably not acceptable, but it is difficult to understand how your employer will know how you actually vote, so the coercive power of these threats cannot be great.... Read More

The contract will be governing whether you will be paid for a full week or otherwise.  You have to look at the language and construction of what weekly pay means.  If the contract is silent in regard to this, then you should consult with a lawyer as soon as possible.  Hope this helps.  ... Read More

Your post is confusing. It is not clear what you allege that Patrice and Associates did that was wrong. It is not clear who "this woman" is and whether she was an officer or agent of Patrice, nor is it clear that her "pressure" on you was wrongful. When you say she tried to "cheat" you out of money, you do not provide any facts from which it is possible to determine whether you may have a claim of some kind. It does seem as if this was a very stressful situation for you, but it is not clear that a law has been broken. Perhaps you should consider consulting with an attorney in Maryland to see if the facts can be clarified and your rights established.... Read More

Your employee may have committed federal crimes if he has forged signatures on checks.  And he has committed theft which is a crime in all states.  It is entirely up to your club Board of Directors whether they want to prosecute the employee, and in most states, there is no law saying that the club has to file a criminal complaint.  But in some states, if a person is aware of a felony and does not report it to the police, the person can be charged with a misdemeanor crime. If your nonprofit club is related to state or local government activities in any way, or carries out quasi-governmental activities (such as a public school athletic association) and your club is charged with handling local or state public funds, in most states the failure to report to police any type of theft of public money would be a crime in itself. But the club manager owes the money back to the club whether or not the club files a criminal complaint. The Board of Directors of the club should be aware that they have a fiduciary duty to the club members, now that they know this has happened, to ensure that it does not happen again.  Filing a criminal complaint against the club manager is one way to discharge the Board's duty to protect the club and the club members.  In addition, the Board should terminate the employment of the club manager so that this situation does not happen again.   In most embezzlement situations, the police and prosecutors consider whether the money has been paid back in determining what charges to bring or what type of plea to accept, and the judge considers that fact in determining the sentencing for the crime.  The club will not be liable to the club manager's next employer if the club does not file a criminal complaint and the club manager steals from his next employer. I am not admitted to practice law in the state of Texas, so this answer is meant to give general information and not to be legal advice to your club.  You should consult an attorney licensed to practice law in the state of Texas for specific advice about this situation.   ... Read More