Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2019

Roll that account over to an IRA with a different custodian. The new custodian will help you get it rolled over. Fees might be higher but at least you will get access to your funds. Before you withdraw from it make sure you understand the tax implications.

If I understand your question correctly you are asking if the employer can deduct both the employee's share of payroll taxes and the employer's share of payroll taxes. No, the employer has to pay their share. The only taxes deducted from your paycheck should be the taxes you are... View More

If you're looking in Texas, I suggest checking the county property records and county court records to see if there has been anything. Most of it is public information.

Yes I believe you should get paid for that if the employer has it in writing you will accrue vacation time and your employer should be penalized for not already paying you for that because it must pay your final pay w/i 6 days. The Texas Employment Commission can also help you with that claim as... View More

Of course, but perhaps not in the way you may believe. If you are taken off work from both jobs the carrier must base your income benefits on your total earnings from both jobs. [Total wages (and benefits if stopped while off work) for the past 13 weeks divided by 13 to arrive at your average... View More

It Depends. Was the individual a HR director, CEO,COO, or anybody in the C-suite for the company? Or were they a regular worker for the company?

Hello, I would suggest having a Texas lawyer review your entire agreement. Non-competes in Texas are enforceable under certain circumstances. 50 miles seems like a huge area but I would need to see the whole agreement to really answer this question.

Restrictive covenants or noncompete... View More

Thank you for your question. This is an evolving area under the law. The State of Texas provides a website with the the following:

6.4 JOB SEARCH WITH CRIMINAL RECORD

It is important for a person with a criminal history to be up front about their experience and explain the... View More

Neither Texas nor Federal law require an employer to give employees a break during their shift. Their is an exception for breastfeeding mothers who must receive a lunch break of at least 30 minutes.

Contact a member of the Texas Trial Lawyers Assn who handles employment matters. It's not legal to withhold pay. If the fender damage was not your fault tell him his dealer insurance should cover.

If fired you can collect unemployment as you would contest his saying it's for... View More

You have raised several important facts that may enable you to avoid the larger issue altogether. Hire a local lawyer in San Antonio and ask them to tell you if the way you were treated under the written employment agreement is bad enough to support a case of breach; if it is, have your lawyer try... View More

I would suggest you speak to someone in the Human Resources to find out why they are not withholding the correct amount. It may be that they need a corrected withholding order or possibly you are not earning enough money for them to withhold the full amount. The income withholding order should... View More

FMLA is based upon a federal statute that allows an individual to be off from work for 12 weeks and the employer cannot fire them "for being off work". After the 12 weeks expires, unless the company has a different policy, they can terminate your employment despite the fact that you are... View More

Yes, it is perfectly legal for property management companies to require such sensitive information from contractors, as well as all other venders. In fact, many property management companies require vendors to post surety bonds before hiring them.

Bottom line: If you ever want to work for... View More

You need to consult with a local employment or plaintiff’s lawyer. Depending on the particulars of your situation there may be a possible cause based in promissory estoppel. A consult with a local attorney could help you determine if promissory estoppel or some other cause of action applies in... View More

If any of these allegations are true you should report everything you know to the federal authorities responsible for maintaining these financial records; state with the Social Security Administration and the IRS.

They absolutely cannot terminate your job for filing a wc claim. However you could lose your job if your injuries prevent you from being able to perform your job, but that would be true whether you filed a claim or not. Also once you told the supervisor about your claim (s)he must file the claim,... View More

A warrant is basically an order from a court instructing law enforcement to take a person into custody. A warrant for a ticket is the same as a warrant for murder, so yes, you can be arrested for the offenses listed if warrants are issued. Call an attorney in the county where the cases are... View More

I am not exactly sure of your question. Call an attorney in your area.

My goodness, I cannot believe they treated you like that! Look at the employment policies to determine whether such events are addressed, if not you may well have an argument against your employer to claim "implied consent" because it acquiesced to your previous use. The fact you were on... View More