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Texas Employment Discrimination Questions & Answers
2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Employment Discrimination for Texas on
Q: My criminal history is being used illiegaly to deny me an opportunity for employment to better myself who do it tellntx

I have 6 felonies4 of witch are sexual no convictions or arrests since 2008 no trucking company will touch me and iv had several of them tell me blatantly that I am disqualified from employment for my offenses

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

The EEOC investigates claims of unlawful employment discrimination. It has published a guide on how and when employers may use a job applicant's arrest and conviction record to screen applicants. This guide is focused on when using this information to screen job applicants constitutes... View More

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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Texas on
Q: Should I seek legal help for ADA violation? Does constructive discharge apply to my situation due to undue stress?

I submitted an ADA request to my employer. They approved it based on a doctor's recommendation without consulting with me. I did not agree to the accommodation approval as it did not accommodate my situation because I have a special needs newborn in and out of the hospital and I need to be... View More

John Michael Frick
John Michael Frick
answered on Nov 22, 2022

Whether an employer has made reasonable accommodations to enable a qualified individual with a disability to perform essential job functions or to have the same privileges as employees without a disability without undue burden on the employer is a fact intensive determination. There is no way of... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I want to know if I have legal case for either undue stress, failure to accommodate, or constructive dismissal?

I submitted an ADA request for a 3 day a week with a part-time schedule to my employer signed by a doctor. I'm a 4x combat veteran and have a special needs newborn so I have to make it to appointments.

The employer received the request and approved 4 days based on my doctors... View More

John Michael Frick
John Michael Frick
answered on Nov 17, 2022

There is something missing in the way you have phrased your question.

What you wrote is that you submitted a request for an accommodation with a doctor's signature, and your employer approved it based on your doctor's recommendations.

That is a textbook example of an...
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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: My managers are making it toxic for me to work and trying to force me out by quitting

I have a lot of documentation on situations and incidents stating back in September of 2021 started documenting the beginning of 2022 in regards to retaliation from management and all shapes and forms what can I do is start to become intolerable to work

John Michael Frick
John Michael Frick
answered on Nov 4, 2022

Retaliation is a recognized cause of action in discrimination cases. Maintain a detailed log or diary of your managers’ actions toward you. Then bring it to the lawyer who handled the prior discrimination claim that you think your managers are retaliating against you for. If you can’t bring... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: FRCP 12(b)(6) v. FRCP 12(c)?

The opposing party early in the case file a FRCP 12(b)(6) to dismiss stating the I failed to state a claim for relief, I didn't exhaust my administrative remedies for EEOC. So, I survived that now the opposing party is coming under v. FRCP 12(c) almost a year later regarding the pleading. He... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2024

While the two are equivalent and are subject to the same standard, there are some subtle differences. For example, a 12(b)(6) motion only considers the allegations of the plaintiff's pleadings. A 12(c) motion also considers the allegations of the defendant's pleadings and the court can... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can employer treat you less favorable than other executives in similar positions?

Woman EVP excluded from "leadership" parties, meetings, anything in upper management areas at company. Yet she is a top producer over the other "executive team members" Futher- demoted to work under less qualified people and forced to train them. This includes training 50% of... View More

John Michael Frick
John Michael Frick
answered on Dec 22, 2023

If the executive is being treated differently because of her biological sex, that may constitute illegal employment discrimination under both state and federal law.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: i live in texas and was denied part time employment at NTB on the basis that i am not currently a student. Is this legal

I applied for part time employment at an NTB location in texas and was told that by company policy they only hired students for part time employment

John Michael Frick
John Michael Frick
answered on Dec 7, 2023

There is no law which prohibits such a company policy on a general basis; however, if you have a disability that limits you to only working part-time, it may constitute unlawful employment discrimination because of your disability.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Texas on
Q: If it went to the emergency room for a non job related injury, and was tested . Can I be terminated from that

Because while I was in another state. Where I don't live or work. That drug test was given to dhs and my kids where interviewed , and then when I got out Hospital. I returned to work just to be fired. Cause my job had got referral from dhs . And they said I was fired cause the drug test from... View More

John Michael Frick
John Michael Frick
answered on Nov 9, 2023

It depends upon your former employer's drug policy and, most likely, on what drug you tested positive for.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: What are my options if I am experiencing a hostile work environment and I am being retaliated against my HR Director?

My HR Director and I have had issues in the past, but most recently I received my Annual Evaluation where my direct supervisor gave me glowing remarks and I was to receive the top rating, but the HR Director refused to sign off on it and demanded that my supervisor lower the rating to a "Meets... View More

John Michael Frick
John Michael Frick
answered on Oct 31, 2023

If the hostile environment is based on race, color, religion, sex, national origin, age (over 40), disability, or genetic information, it may give rise to a legal cause of action. In that instance, you should contact an attorney. Otherwise, it may simply be an internal HR matter

1 Answer | Asked in Employment Discrimination for Texas on
Q: I was hurt at work went to there doctor on a Tuesday and they fired that Friday can they do that
John Michael Frick
John Michael Frick
answered on Aug 27, 2023

They cannot fire you for being injured or for making a worker’s compensation claim.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Texas on
Q: Do I have a right to file a lawsuit against my ex employer even though some of the incidents have happened in the past
John Michael Frick
John Michael Frick
answered on Jun 12, 2023

Most lawsuits involve incident that happened in the past. But there is a statute of limitations which may be a defense to a lawsuit if the events occurred too long ago.

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Hello and good day! been employee 7 years, just diagnosed with accute aggressive heart failure. Seems I'm loosing job !

It's the way they are going about it and it's not feeling right at any angle...Yes they did know about my previous health and just after all these years being employed is this legal !

John Michael Frick
John Michael Frick
answered on Jun 9, 2023

The answer to your question heavily depends on whether you are still capable of performing all your essential job functions.

Depending on the size of your employer, you may have FMLA options.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: What can be done in a wrongful termination after being told it’s due to “making negative comments about management”

What can I do if my job pulled me to the side and decided to terminate me due to “making negative comments of management “ without a write up, warning or any type of notice nor proof. After asking for a termination letter with a statement of why, HR agrees and doesn’t include the reason in... View More

John Michael Frick
John Michael Frick
answered on May 3, 2023

If you have an employment agreement that expressly limits the grounds on which your employer may terminate your employment, you can possibly sue for breach of contract if your employer terminated you for reasons not encompassed within your employment agreement.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Texas on
Q: My employer forced me to get the COVID-19 vaccination as a condition for hire after executive order GA-40 was in effect.

My employer forced me to get the COVID-19 vaccination as a condition for hire. I had inquired if there was any other way to get hired without having the COVID-19 vaccination and I was informed that there was not. I had found out later that there were exemption forms for existing employees after... View More

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

Under Texas Executive Order GA-40, the only penalty for an employer requiring an employee to receive a COVID-19 vaccine is a fine of $1,000 under Texas Govt' Code Section 418.173. It does not create a private cause of action that you can sue under. Moreover, you have not suffered any... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: I was termined from my job and was told it was inappropiate behaviour . I repeated what one of the employee had said.

But I worded it differently . The guess over heard and was offended. I went to the guest and reinterated that when I said it I was asking it like a question . The coworker said Lokk at the baddy with a fatty , I said not a baddy with a fatty. However the quess accepted my apology. Later on that... View More

John Michael Frick
John Michael Frick
answered on Apr 21, 2023

You do not mention any facts that suggest unlawful employment discrimination on the basis of race, color, religion, sex, ethnicity, age, disability, or pregnancy.

1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Texas on
Q: Grounds for wrongful termination / retalliation?

I was terminated yesterday, with the stated, "criminal charges and have violated ethical standards set forth by the Behavior Analyst Certification Board (BACB)". I do not have any criminal charges, and informed the BACB of the arrest, to which they responded no ethical violation was... View More

John Michael Frick
John Michael Frick
answered on Apr 8, 2023

Without knowing what you were arrested for, it is not possible to form an opinion as to whether this incident meets that particular provision.

As a licensed professional, you should have a written employment agreement that clearly delineates the circumstances under which your employer may...
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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: My employer will not give me a raise because I make more money than people in the Mexico office, is this discrimination?

I live in Texas and the company that employees me was bought by a company based out of Canada. They also bought other similar companies and merged us to together, and based our managers out of Mexico. I have asked for a raise 2 years in a row and both times was told "you make more than your... View More

John Michael Frick
John Michael Frick
answered on Mar 31, 2023

It is definitely discrimination but that does not necessarily mean it is unlawful discrimination.

Employment discrimination is unlawful if it is based on your being a member of a protected class, for example race, color, creed, ethnicity, sex, disability, or age.

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Texas on
Q: Hi Carla the EEOC office give this number my situation is hard because they don't payme my bonus and also take my insu

They take my insurance in February and they fired me March and also I thing they.broke the rules and they have alot favoritism I work for 20 uears6

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

It is difficult to understand your question, but if you have been discriminated against in some way you may have a claim. I would need to learn more.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can an employer legally revoke a PTO request, that was previously approved, as a form of punishment for "mistrust"?

I worked remotely and did not inform my manager. This has never been a part of policy or an issue for the 5 years working for this company -- There is still no officially stated policy for doing so. My manager was personally upset I wasn't in the office and that I did not reply to their email... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

This may be a breach of contract. I need to read your contract. Also, I am finding that employers are violating certain laws based on mandated pay polices. I am working on an issue like this now.

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Texas on
Q: Is this age discrimination, or something illegal I have an appointment with HR tomorrow

I just got fired from my city's probation department, I was a county clerk. This is a small town in Texas , the issue is that too many people reconzied me , they essentially fired me because I knew too many probationers, that's her words.. is this age discrimination? The only reason I... View More

John Michael Frick
John Michael Frick
answered on Dec 20, 2022

No.

An essential part of an age discrimination claim is that you are age 40 or older.

Your question states you are in your mid-twenties.

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