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Written by Marc J. Krasney, P.C.
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Are oral contracts enforceable in Texas? For example, if I verbally agree to perform work for someone for payment and then do it, I should not worry about payment? Or do I need to put everything in writing?
Generally, oral contracts are enforceable in Texas. Many people still operate on the handshake deal and agree to perform work for the payment. In the event that the other party does not pay you, you can file a suit for breach of contract or a sworn account. If the amount in controversy is less than $5000, you can sue in small claims court and represent yourself. For anything more complex, you should consult an attorney. And, by statute, reasonable and necessary attorney’s fees are recoverable.
My employer did not pay me all the commissions that I am owed. What should I do?
Before hiring an attorney and/or filing suit, be sure that your documentation is correct and your numbers fit the agreed upon formula for paying commissions. Once that is determined, I would suggest that you go to your supervisor and explain your situation. Depending on that outcome, you may try another supervisor and/or human resources. In addition, you should also consult your employee manual to determine if it addresses this situation and what you are supposed to do. If all else fails, you should discuss this matter with an employment attorney. |
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Written by Ronald Jaspan
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The Customs Trade Partnership Against Terrorism ("C-TPAT") program wa s developed as a voluntary effort to protect the import supply-chain from terrorists who would use one of the nine million cargo containers that arrive in the U.S. each year to smuggle personnel, firearms, and weapons of mass destruction. If you analyzed the requirements and the reasons why one would join the C-TPAT program, |
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Written by Vickie Adair
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 Before the wide-spread use of telephones, business people communicated by writing letters. They were trained and experienced in the fine points of written communication, an art that has been all but lost to us in current times. Oddly, email has resurrected the need for written communication skills, but with the twist of speed and frequency. We can now send an astonishing number of correspondences a day, often typing quickly and hitting "Send" without proofreading for mistakes or flawed content.
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Written by Marc J. Krasney, P.C.
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I have an employee who is great at her job; however, she constantly misses work. She does not have any flex time, vacation time or sick time left. She requests that we simply not pay her for her time off, but I need her to be a productive member of our office. Without her, we are not as productive and do not make as much money. Can I fire her?
Texas is an at-will employment state and absent an employment contract, employers can terminate employees for any reason (with a few exceptions). An employer cannot terminate an employee based on their race, gender or age.
In addition, an employer should have a thorough employee manual that addresses all possible employment issues with the company as well as day to day operations. Any violations of the manual should be well documented in the employee’s personnel file and discussed with the employee. The employee should be put on notice of the problem and advised of the possibility of termination for repeat behavior. The idea is to be sure that conduct in violation of the company’s employee manual will not be tolerated and subject to consequences. |
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Written by Vickie Adair
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For years manufacturing has been one of the strengths in the overall U.S. economy, and an especially.jpg) strong force in the Houston economy. However, in 2007, according to a report out from the Institute for Supply Management, factories produced less, saw their orders decline, cut workers, and manufacturing activity in December was the slowest in 4½ years. These findings are raising recession worries, especially amid troubling signs the economy is fragile such as last week’s global Stock Market plummet.
Manufacturing, nationwide, accounts for about 12% of the U.S. economy and one out of every 10 jobs. So, when the ISM’s gauge of manufacturing activity fell for a sixth-consecutive month to a seasonally adjusted 47.7% in December, down from 50.8% in November, the lowest since April 2003, there is justification for concern. |
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