Employer is now also requesting all prior cleared checks be returned to them if they were mobile deposit.

If a manager has made multiple comments about a subordinate looking like the Taliban due to having facial hair and followed it by stating the facial hair and appearance is holding them back from a promotion, is this considered discrimination?

On a separate note, the manager has also stated... View More

We have a store huddle and the manager says this “no overtime “ message then does nothing to enforce it We have a union contract. Only thing it says about overtime is it must be paid after 8 hours in a shift.

I was recently hired at a fast food chain as an assistant manager after working for 2 days the district area manager reached out to me asked me if I had a driver's license I said no and was then told that it is their policy and a requirement that I have one. All of this after I had already... View More

We are in Texas and I am a freelance contractor. We have brought this client million dollar clients at their financial firm and I believe we should be getting commission on new business. What can we do to establish a contract with them? They are using strong-arm tactics to keep my boss scared that... View More

My employer has changed my hours multiple times, had to go through trash to find my time sheet that was changed bc I had no access to check stubs, not paid me operator pay during times I ran equipment, not paid OT, did not take out federal taxes which caused me to owe the irs thousands, took out... View More

I am a nursing mother outside of work and I just started working well when I said I needed to pump my employer asked if I was drying up because during the mornings it’s so busy and I won’t have time to pump and when I said no she stayed quiet is this grounds to fire me? I didn’t know this... View More

John Michael Frick
answered on Apr 24, 2024

Any employer who has at least fifty employees is required to provide reasonable breaks and a private place other than a restroom for a mother to pump milk for one year from the date of birth of the child.

Guidance suggests that "reasonable breaks" should be 2-3 breaks in an... View More

My husband's employer notified all employees that their pay was getting switched from a daily pay rate to an hourly pay rate. They reassured them that their pay would not be lowered but would not let them know what the hourly rate would be or when it would take place. My husband went in to... View More

John Michael Frick
answered on Apr 24, 2024

Under the circumstances described, neither the employee nor the employer has done anything illegal. Your husband could have declined to work yesterday without being told what his hourly pay rate would be. Since he was told that his pay was getting switched from a daily rate to an hourly rate but... View More

I got my current H1B approved for the present company. But I got this job in my H1B grace period. Was able to send out the packet right on my 60th day to USCIS. Got the approval without an RFE

They have a registered agent address in Ausitn but not houston. The job was performed in Harris County at a Sam's Warehouse but I was never paid

John Michael Frick
answered on Apr 19, 2024

In justice court, a suit on an oral or written contract for labor actually performed may be brought in the county and precinct where the labor was performed. TCPRC 15.092.

The homemade device was a piece of pipe filled with oxygen and acetylene taped off and ignited shot a avocado seed towards me and put a hole in the wall head level it didn't hit me but there was no reprimand for it and it is still allowed I am no longer at that company but I have friends that... View More

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James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

Even if you are no longer with the company, you may still have a case, especially if you have witnesses or documentation of the incident and the company's failure to address it properly. An attorney can also advise you on whether your friends who still work there might have a case as well.

The lawyer I had at the time I spoke to Rockwell Automation about the two Patents, was told my late husband's employment contract or agreement could not be found. Now I realize he actually worked for Insperity Holdings, 2006-2010. If that is the case where did he work the other ten years he... View More

My daughter is constantly bullied by her boss.

John Michael Frick
answered on Apr 12, 2024

"Stress" is not compensable but "mental anguish" is recoverable for certain breaches of legal duties.

Your daughter will be required to offer "direct evidence of the nature, duration, and severity of her mental anguish, thus establishing a substantial... View More

My late husband and I had no children, I was told that his employer is plan administrator, trustee, and fiduciary of my late Husband's estate. I have w2's and copies of tax statements, showing my late husband has a retirement plan, differed compensation, and a pension. According to... View More

John Michael Frick
answered on Apr 10, 2024

Not entirely.

If a Husband dies without a Will and with no surviving issue (children, grandchildren, great-grandchildren, etc.), 100% of the community property in his probate estate and 50% of his separate property in his probate estate passes to his surviving widow. The remaining 50% of... View More

Ivan said i perform my duties because medical condition. Ean shuck his head no after Ivan said that he new that was wrong What can i do

John Michael Frick
answered on Apr 10, 2024

If you were fired despite being capable of performing all of your essential job functions solely because of a medical condition, you may have a valid claim for discrimination under the American with Disabilities Act or the Pregnancy Discrimination Act (ADA) depending on the medical condition you... View More

My employer did nor approve my fmla within 5 days after several interference and retaliation actions. They say I cannot work under the restrictionswhen after I return to work after my intermittent fmla period. They have tried convincing me to take fmla form to my dr and have my medical... View More

I called Nationwide Bank to get canceled checks of my annunity checks that were cashed by someone else in June of 2010. The representative at Nationwide bank told me I had to report it to the Department of Labor, I called DOL, I was told they didn't handle this. Can anyone tell me who I can... View More

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James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2024

I apologize for the confusion and difficulties you are facing regarding your annuity checks from 2010. Here are a few steps you can take to address the situation:

1. Contact the annuity provider: Reach out directly to the company that issued the annuity. They should have records of the... View More

I was using it and my male boss open the door and told me to come out. He knew I was in there he had called my name. I told him he better not do it again, he said he would. Then 5 minutes later he fired me.

I was co-employed by Trinet ("PEO") and InsuranceGIG ("Employer", "Company"). The Company failed to pay Trinet therefore Trinet ended my co-employment. In the offer letter that I signed with the Employer I am due severance pay "upon termination by the Company of... View More

Can I use sick leave the last 2 weeks & personal time just not vacation time? To still be able to cash out vacation time?

John Michael Frick
answered on Mar 27, 2024

As long as you are truly sick and can provide medical documentation of your illness upon request, you can take your sick leave.