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Texas Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I was let go from my job this morning for having personal issues. Can that be a main reason?
Rhiannon Herbert
Rhiannon Herbert answered on Jul 29, 2020

Texas is an at-will employment state, meaning either you or your employer can terminate the employment relationship at any time for any reason or no reason at all, as long as the reason is not discriminatory (i.e. is not based on your race, sex, age, disability, religion, or sexual orientation).

1 Answer | Asked in Contracts, Employment Law, Constitutional Law and Employment Discrimination for Texas on
Q: Discrimination during COVID 19 and sexual harassment

I was furloughed for COVID 19, and my employer said for 2 months he couldn’t afford to call me back to work. All the men in my department were back and working the whole 2 months I was gone. Now he is offering me a lower pay rate and is putting me in another department, and replaced my shift with... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jun 9, 2020

It sounds like you may have a claim for sex discrimination under Title VII of the Civil Rights Act of 1964. To establish this claim, you have to prove you were qualified for your original job, you suffered an adverse employment action (a pay cut or demotion to a less favorable or prestigious job... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Texas on
Q: My employer refused to pay my last check under some made up circumstances. What are my options

He lied about fees and charges until he made up an advance pay that I never received or requested or signed for. I have all emails and texts where he had payroll and HR involved in the scam. All the time knowing I have a medical condition where stress is not recommend. He is out of state Indiana

Kyle Anderson
Kyle Anderson answered on Jun 3, 2020

Federal law requires an employer pay its employees at least the minimum wage for all hours worked. However, certain advances may be taken out of an employees' check and not result in a minimum wage violation. I would reach out to an employment law attorney in your state for a consultation and... Read more »

1 Answer | Asked in Employment Law, Personal Injury, Employment Discrimination and Health Care Law for Texas on
Q: Do I have any recourse on either of these?

I was hurt late last summer as I fell/thrown off the side of a goose neck trailer. I was taken to a Concentra for a drug test not for my injury. I never went to the doctor thinking I was just bruised and also having no insurance. I also never said that my back was still hurting because of the... Read more »

Tim Akpinar
Tim Akpinar answered on May 12, 2020

I'm sorry for your ordeal. Unfortunately, it wouldn't be treated as a personal injury case because it looks like it took place in the course of employment. In terms of no insurance, if there was workers' comp if effect, that might have covered medical expenses. A WC attorney could... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: I’m looking for an employment law attorney or litigation attorney I got the letter from EEOC right to sue I need help

I got let go while I was off work on disability wrongful termination TEC found in their findings it was medical verifiable illness so I won my case it to EC I did collect unemployment

Kyle Anderson
Kyle Anderson answered on Jan 23, 2020

Hi, you should search for employment law attorneys in your state. Some you may be able to find through Google. Good luck moving forward.

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Do I have any legal grounds disputing that Lyft will not hire as a driver because of a misdemeanor and overlooking my

20 year honorable Naval career?

Roy Lee Warren
Roy Lee Warren answered on Jan 9, 2020

No, sorry. I agree that your naval career should account for positive point but Texas is an at will employment state so it is very difficult to "make" an employer hire you.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Job applications and felony convictions what is the rights of the applicant and of the employer?

I filled out a job application and I have a felony I check the box and inside wrote the dates and what city the crime occurred in I also wrote will explain further when needed what are my rights the employer sent me back a message stating

Thank you for your interest in employment... Read more »

Roy Lee Warren
Roy Lee Warren answered on Jul 29, 2019

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


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

1 Answer | Asked in Immigration Law and Employment Discrimination for Texas on
Q: H1Brevoke

Hi , my first h1b approved on oct 2017 and I started working from April 2018 . Due to some reasons , my project didn’t go well and my employer not able to continue the project . So, he finds a sub contracting opportunity for me and I started there to work in new location . Since vendors involved,... Read more »

Svetlana Kats
Svetlana Kats answered on May 8, 2019

Usually if you file amended H1B petition for your new employer and your new position is substantially similar to your previous position you should be OK. However your case is more complicated since your petition was revoked after your filed an amended petition. I would take a copy of the... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Texas on
Q: I was force to resigned or get terminated for using a police car to go home and work. I am a Chief of police

I am a Hispanic Chief of police . I am also being force to pay back the gas. I’m being charge according the miles I traveled to work and home. Before we got the new police car, I used my personal car for police duties for 2 months which my superintendent was very much aware of. This came from an... Read more »

Roy Lee Warren
Roy Lee Warren answered on Jan 28, 2019

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... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: I just got terminated from my work. I have approximately 85 hours of vacation time I accrued. Can they keep it?

Do they have to give me my earned vacation pay?

Roy Lee Warren
Roy Lee Warren answered on Nov 28, 2018

Many times it may depend on the employer's policies. I will provide you a link to the Texas Payday" laws with TWC which I am sure will provide the answers you seek. Good luck.

Final Wages

Delivery of final wages can be made by the methods listed above. If an employee is...
Read more »

3 Answers | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Texas on
Q: Extreme sexual advances daily by boss. He assaulted me yesterday while holding a firearm threatening to have me arrested

He has me in his truck 280 miles from home working on a remodel. We're the only 2 people working the job. The owner of the house is a federal agent and my boss is using that to bully me. Im paid in cash. I have asked for him to sign a contract labor agreement, to which he has refused. His... Read more »

Gary D. Peak
Gary D. Peak answered on Apr 7, 2018

So if he is an Ex con, why not report him to police as felon in possession of a fire arm?

He is not required to sign any contract as Tx is an "at will" State, which means they can fire you without cause, subject to some limitations.

If this abusive boss, has a...
Read more »

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1 Answer | Asked in Employment Discrimination for Texas on
Q: I called in sick for tomorrow due to a reaction to my diabetes meds Metformin. My boss said it will count against me wit

No excuse . I am 63 and have medical issues. Our Ins allows 3 visits per year I have 2 left. I walk with a cane. I feel like I’m being discriminated against. Seems like they want me outta there. I live in Waco Texas. Please help. Is it illegal to discriminate against elderly?

Matthew Valley
Matthew Valley answered on Mar 10, 2018

It is unlawful to discriminate against the elderly, and it is unlawful to discriminate against those with medical disabilities. The evaluation of such cases requires a lot of facts and is something that you should probably consult with a local employment lawyer about. Many plaintiff/employee side... Read more »

1 Answer | Asked in Employment Law, Domestic Violence and Employment Discrimination for Texas on
Q: Is a police incidient in Little Elm, TX public record and easily accessible to anyone?

My wife called the cops on me, as I had a gun I was moving to a brand new safe that was purchased. When the cops came, they questioned her and me, and she pressed no charges after they realized nothing had occurred, other than her freaking out. I am looking to get a new job, and my fear is this... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 9, 2018

Unless you were arrested, it is unlikely this incident would appear on a background check in 2018. There is almost certainly a record of it somewhere, so it is hard to predict what will appear on a background check 20 years from now... but today you mostly have to worry about situations that go a... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: I have a right to sue letter from the EEOC for a claim disability discrimination in which I was fired from my job.

Employer stated I was fired for other reason. If my medical accommodation was never made could they make up other reason to fire me?

Matthew Valley
Matthew Valley answered on Feb 11, 2018

Employers frequently will try and produce alternative, legal reasons for termination of an employee. You should talk to a local employment lawyer ASAP to discuss your case, as a person must file suit within 90 days of an EEOC right to sue letter. These cases are too detail intensive to evaluate... Read more »

1 Answer | Asked in Criminal Law, Employment Discrimination and Employment Law for Texas on
Q: Will a completed deferred adjudication probation for a class A misdemeanor show up on an employment background check?

Case for burglary of a vehicle was dismissed november 22 2016 , i was on "probation terms" for 6 months and i failed 5 piss tests so they put my in juvi followed by rehab 30 days and i got sentenced 18 months probation but only did 12 and they let me off. Will that show up on my... Read more »

Paul Looney
Paul Looney answered on Jan 2, 2018

If it is "juvi" the record is sealed, so no, it should not show up in a background check. A straight deferred adjudication probation successfully completed WILL show up on a background check. To keep this from happening a motion for nondisclosure can be filed 2 years after successful... Read more »

Q: Should I be getting paid?

Im an assit. Manager for apartments in texas, owned by a corporate. My Contract says m-f 1pm-5:30pm free rent on an apartment on site. If they ask me to work other hours outside of the 1-5:30pm should I be getting paid actually $$ for those hours?

Roy Lee Warren
Roy Lee Warren answered on Dec 5, 2017

This is not really a wc question but I will point you in the right direction to get your question answered. I will post the website for you below regarding the Texas Payday laws. Good luck to you.

1 Answer | Asked in Employment Discrimination for Texas on
Q: I have pneumonia and was told by my doctor to take time off from my job. I called my employer and was terminated. What?

I was terminated after telling my employer that I needed the time off to recuperate.

Juan B Hernandez
Juan B Hernandez answered on Nov 14, 2017

Texas is an employment at will state. Typically, unless an employee has an employment contract, or is employed under a collective bargaining agreement through a union, the employer can modify or terminate the employment at any time with or without cause for any non-discriminatory reason. However,... Read more »

Q: Can I sue my company after they ignored health complaints?

The heart attack occurred after I complained to my boss that I was not feeling well, I explained my chest was hurting. He told me to be quiet and go to work. 20 min later I had a massive heart attack while attempting to work.

Roy Lee Warren
Roy Lee Warren answered on Oct 26, 2017

If they have wc you are limited to filing a claim for wc. Heart attacks (HA) are difficult to prove so I suggest hiring the best WC lawyer you can find. They handle cases on a contingency fee basis so if the lawyer does not win, you owe nothing. HA require proof from a medical provider that will... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Texas on
Q: A proper dx was given on 5/8/2017 herniated cervical disc, I notified employer of this and was told that I have no wc

claim since I have not been employed long enough and no claim was not submitted. I submitted and claim and claim was denied without reviewing the medical records. I was on the job payrole for 90 days with no pay but benefits paid. What do i do?

Roy Lee Warren
Roy Lee Warren answered on Oct 5, 2017

Their response saying you were not employed long enough is laughable! If you are employed for a moment that would be long enough. Speak with a wc lawyer and pursue your claim. I hope they insist on that defense when you take it to a hearing. File a claim with DWC as soon as possible. Good luck.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: What can I do to employer for not paying wages?

I worked for a franchise, and I worked 40 hours my first week , which I assumed since it is biweekly pay I would receive it, but due to me not having a clock in number he told me he had to cut my hours and put it in little by little so basically if I wait 4 more checks I can receive what I'm... Read more »

Juan B Hernandez
Juan B Hernandez answered on Sep 26, 2017

If you have received your final paycheck from your employer minus the wages still due, you may need to file a claim for unpaid wages with the Texas Workforce Commission. Here is the link in order to submit a claim:

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