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Questions Answered by John Michael Frick
1 Answer | Asked in Contracts, Civil Litigation and Employment Law for Texas on
Q: Can an employer force an employee to sign a document that gives the employer the right to not pay any commission due?

I am a sales rep and my employer is requiring us to sign a paper stating that any commissions earned from prior month will not be paid out if employee quits or gets fired for any reason the proceeding month. It is my opinion that any sales made in prior month where the company made money the... View More

John Michael Frick
John Michael Frick
answered on Jul 29, 2024

No an employer cannot force an employee to sign such a document. However, if the employment relationship is at-will, there is no legal obligation on either party to continue the employment relationship if an agreement on this point is not reached.

2 Answers | Asked in Tax Law and Business Law for Texas on
Q: If I transfer ownership of a business to my father, what are my options and responsibilities given there's back taxes?

My father runs a cleaning (franchise) business that is under my name, but I am not actively involved and I do not receive proceeds. It opened in late 2017 and didn't see any revenue until 2018 when it first acquired contracts. I'm looking to transfer ownership to my father for the... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

You can transfer 100% of your interest in the business to your father. You will be legally responsible for all taxes incurred by the business prior to the effective date of your transfer of your ownership interest.

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1 Answer | Asked in Family Law for Texas on
Q: Question about Family Law

I am married with 2 kids. My wife took my kids and went to her country for a month vacation. Now, it's been almost 2 months, and she is not coming back. I told her to come back but she started being rude and telling me that she will come whenever she wants. My son's school is getting... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

1. Yes

2. Yes, you can file a report of child abduction with local law enforcement or the FBI. Depending upon the facts and circumstances, they may or may not act upon such a report and may or may not prosecute your wife. But there will be a formal report nonetheless which shows you are...
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1 Answer | Asked in Criminal Law for Texas on
Q: What can happen to me for dumping trash

I was helping my son earn money and he had to haul some trash. I wasn't sure what to do with it and was afraid to burn it so I drove and my son threw it off the truck in a pile on the side of the road.

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

You can be cited and charged with illegal dumping which ranges from a Class C Misdemeanor if the quantity was less than 5 pounds and less than five gallons all the way up to a state jail felony if the quantity was 1,000 pounds or more or had a volume of 200 cubic feet or more. At the bottom end,... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: If my apartment complex is sold to a new owner, am i required to sign a new lease?

I have lived in my apartment for 7 months and i have signed 2 leases during that time (my lease is for 12months). The second time i sign lease it was due to the property being sold to a new owner, which it was sold again to a new owner (who i have no information about). Since my complex was sold 3x... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

No, you are not required to sign a new lease.

If the new owner purchased the complex with prior knowledge of your lease, the new owner can simply step into the shoes of the old owner as your landlord under the terms and conditions of your current lease.

The new owner may ask you to...
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1 Answer | Asked in Criminal Law for Texas on
Q: My cousins truck was stolen. What do I do he's in jail and I have no vin # or title just a picture of the license plate.

The truck was stolen Wednesday July 24th 2024.

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

You should call the police and report the vehicle as stolen using the license plate number and giving them your cousin's name. Vehicle registration records will tell police the VIN.

You should visit or write your cousin to determine who his insurance company is and assist him in...
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1 Answer | Asked in Consumer Law for Texas on
Q: I have a shed that I hadn’t made any payments on for a few months they took off my fence and took the shed

They didn’t put the fence back what can I do

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

You can hire a fence contractor to replace your fence or you can do it yourself. If they can successfully sell the shed and recover more than the amount you owe plus the cost of repossession (including the removal of the fence) and cost of the sale, you may be entitled to any additional proceeds.

1 Answer | Asked in Contracts and Employment Law for Texas on
Q: I’m a professor who just accepted a position at another university. I took sabbatical and have only completed one year.

The faculty manuel says the following:

“Should a faculty member on sabbatical decide not to return to the university, the pay advanced during the sabbatical will be due on demand to the university, except in the case of permanent disability or death. At the conclusion of the sabbatical,... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

If your employment contract with the university incorporates the faculty manual by reference, legally you are required to reimburse half of the salary advanced during the sabbatical on demand because you only worked one of the two academic years after the sabbatical. Legally, that means a single... View More

2 Answers | Asked in Estate Planning for Texas on
Q: How does a will accommodate beneficiaries listed on a specific account?

If a will stipulates that each heir receives 25% of assets and there is a specific financial account that has listed two beneficiaries, would the amount received from that account count as part of the division of assets?

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

If an account specifically names POD beneficiaries, the funds on deposit in that account become the property of the beneficiaries upon the death of the account holder outside of the decedent's probate estate.

The decedent's Will only disposes of assets in the decedent's...
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1 Answer | Asked in Civil Litigation for Texas on
Q: Can property be sued in Texas without suing the owner?

I've been told that my property is being sued for taxes, but that I am not being sued so I don't have a defense (I don't actually owe taxes). It also appears in a related subject that when enforcing a mechanics lien that I can get a judgment against an owner of property or the... View More

John Michael Frick
John Michael Frick
answered on Jul 25, 2024

No property cannot be sued. Only people can be sued. A taxing authority can sue everyone with an interest in real property seeking to foreclose on the real property subject to the unpaid taxes but without seeking a monetary judgment against those people. Those defendants may not personally owe... View More

1 Answer | Asked in Family Law for Texas on
Q: It is legal to withdraw a child from school to make them an adult, kick them out, let them back in, kick back out at 18?

Hi, my name is Jack, my parents have been abusing the law to control me and make my life miserable. My parents withdrew me from highschool at 17 without my knowledge of what that meant regarding being an adult in Texas. They used this to then kick me out at 17 and turn my phone off making me sleep... View More

John Michael Frick
John Michael Frick
answered on Jul 25, 2024

Unless you are disabled, when you turn 18 years of age in Texas you are considered an adult for legal purposes. Your parents no longer have an obligation to provide shelter by virtue of the parent-child relationship and can give you thirty days' written notice to vacate their home, which will... View More

1 Answer | Asked in Family Law and Child Support for Texas on
Q: how do i appeal child support in texas? We were not served and suddenly we got mail that he has to pay $600 a month

My husband had custody of his daughter, allowed her to go live with her mom and grandma, dropped the $65K arrears with the agreement she doesnt file chilc support on him. he hasnt seen his daughter in 2yrs extreme parent alienation but hes also recently diagnosed with MS and is diasabled. we cant... View More

John Michael Frick
John Michael Frick
answered on Jul 24, 2024

If he was not served, you may be able to file an appeal if the order was entered within 30 days, a restricted appeal if the order was entered within six months, or a bill of review if the order was entered within four years. The appropriate legal mechanism will depend on the facts and... View More

1 Answer | Asked in Employment Law for Texas on
Q: If you're an hourly employee and a new company takes over can they cut your hourly pay rate without any warning?

My wife is a RN at a local nursing home and a new company recently bought the facility. Her first paycheck she received from the new company they cut her hourly rate. There was no warning and no explanation.

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

Generally speaking, the hourly pay rate of hourly employees is a matter of mutual negotiation and agreement between the employer and the employee. Commonly, there is no fixed term of employment and either party can terminate or attempt to renegotiate the relationship at will. That being said,... View More

1 Answer | Asked in Personal Injury, Wrongful Death, Arbitration / Mediation Law and Civil Litigation for Texas on
Q: Can I sue a county jail for negligence in Texas?

The jail was cited 30 days later for leaving 3 doors unsecured which resulted in my son obtaining a jailer’s personal keys and escaping, led police on a chase and ended with police shooting my son in the back and killing him.

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

Yes, you can sue a county jail in Texas for negligence, but probably not successfully on the facts you describe. Your son's escape and subsequent confrontation with police was most likely the proximate cause of his death and not the negligence of leaving the doors unsecured. Your son's... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Can my mother get her SS from her & soon to be ex husbands joint bank account?

Theyve been married for over 40 years, and has had an joint bank account. Since she started getting SS he has been putting it into that joint account. With a possible divorce brewing, we were wondering if she would be able to get her SS from him? plus possibly alimony (in TX) , and her 50 / 50? Hes... View More

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

I recommend that she open a new bank account at a different bank in her sole name and notify SSA to send her SS payments to the new account.

If she lacks the ability to work and earn sufficient income to provide for her reasonable minimum needs, she may be able to get an award of spousal...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: How and what do I need to start a custody case?

No court orders. Not married. 3 children.

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

Typically, you would need to locate an attorney who practices in the area of family law in or near the county where your children reside and a reasonable initial retainer of $15-25,000 if you and the other parent have not reached an agreement on child support and a parenting plan.

1 Answer | Asked in Landlord - Tenant and Small Claims for Texas on
Q: my problem is this. We fell behind on our rent,and began doing jobs for our manager at our complex,in return for rent.

After the storms recently the complex was torn up by trees landing on vehicles,landing on rooftops,and everywhere.This is a huge job!!which was bidded at 13-21 thousand $$$.My manager and I agreed to 5,500,with 3,000 credited to my rent.I hired one other person to help me get this done,and his pay... View More

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

You can file a breach of contract case in small claims court since the total amount at issue is less than $20,000. You do not need an attorney in small claims court given the small size of the cases there. It would not be cost effective.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: in 2015 i was never served to go to divorce court. i have evidence to prove they never served.

it has caused me legal issues, and financial burdens with no legal merit, evidence of income, or any other burdens of proof.

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

If a divorce was granted without proper service of process, you have only four years from the date of the divorce decree to file what is called a bill of review to challenge the decree. Particularly when you mention things like child custody and child support, most people would learn of the... View More

1 Answer | Asked in Contracts and Civil Litigation for Texas on
Q: If I bought bike cash without bill of sale and have title already transferred to me and person is trying to be shady

And saying I didn’t give him money what will happen

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

You will have to prove you paid him in cash.

It will be helpful if you have a bank statement showing that you withdrew cash from your account on or about the day of the title transfer and if you can obtain the seller's bank statement showing a deposit in the same amount shortly...
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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I was granted permission to sue my employer in December 2023 and they have been retailing sense. What can I do?

The company has done so many things and I have it all documented in audio recordings, emails and text messages. I have had my schedule changed when coming back off of vacation time without being told. The manager that told me his leadership was telling him to skip steps of the attendance policy was... View More

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

If you were issued a "right to sue" letter by either the EEOC or the TWC, the time to file a lawsuit is 90 days from the date of the letter for a federal lawsuit and 60 days from the date of the letter for a Texas state court lawsuit.

In Texas, arbitration agreements are usually...
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