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Texas Employment Discrimination Questions & Answers
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.

2 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: Are employers allowed to force and administer a Covid 19 test
John Michael Frick
John Michael Frick
answered on Sep 21, 2022

No, but they can make it a condition of continued employment under many circumstances. If such a test is “job related and consistent with business necessity,” the employer can require a COVID-19 test as a condition of continued employment. This is largely being interpreted as meaning will the... View More

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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Is it illegal in Texas for an employer to withhold tips from an employee?

I worked part time for a company making the $7.25 minimum hourly wage. The company also had a tip pool on top of their pay, and employees were tipped equally every day. When I quit the job, the manager told me that they were going to withhold my tips from the previous day I had already worked. They... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 20, 2022

This is a tricky situation. Under federal law, employers are generally only required to pay you at least your state's minimum wage for each hour of work you perform. In the service industry, this means your server wage + your tips received must equal a ground total that averages out to an... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: If your employer sold their building and advised to WFH permanently . Can you move state and work from any location?

My employer sold their location to another company. We were advised to WFH permanently with the only condition that we have stable internet. I moved state and been living in TX (2nd home) for over a year with manager knowing the situation. Today, I got let go due to "needed to be within 50... View More

Neil Pedersen
Neil Pedersen
answered on Aug 6, 2022

You are going to need to get the guidance you need from a Texas employment law attorney because that is the location where you are working. A California attorney cannot provide you with sound advice for this.

If you were in California, your employer has the right to make the rules, and as...
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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: A local employer rescinded my signed offer letter AFTER I resigned from my previous job. Do I have any legal recourse?

The offer letter contains mine and the employer's signature, the agreed upon salary, and my start date. The director called me and said the person I was replacing changed her mind and wanted her job back. They gave it to her since she was a good and long standing employee. If my current... View More

Rhiannon Herbert
Rhiannon Herbert
answered on May 17, 2022

While a review of the document you signed would be necessary to answer this question, job offer letters are usually not considered enforceable contracts. As a result, an employer can rescind a job offer for any reason, even if the employee has already signed an offer letter.

1 Answer | Asked in Divorce, Employment Discrimination and Sexual Harassment for Texas on
Q: If I expose my boss/dad for cheating with a coworker and divorcing my mom, will it effect her outcome if he's fired?

My dad is my boss at work. He left my mother for one of our coworkers. She's half his age and has only been there six months. She's made sexual advances at me that I blow off. Well he fell for it. The day after he left my mother I arrived at work and he started bossing me on things to do... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 10, 2022

I would find a new job and leave the drama behind. Your dad sounds like a jerk.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can an employer make employees come to work in a good mood when an employee has mental health issues?

Do I need to discuss my mental health issues with my employer?

Teri A. Walter
Teri A. Walter
answered on Dec 1, 2021

I have no idea how an employer would enforce a requirement to "come to work in a good mood," but they could certainly insist on certain behaviors which might suggest that a person is in a good mood, such as being polite to customers or co-workers, greeting customers at the door, smiling... View More

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for Texas on
Q: is it legal for my employer to ask if i've been vaccinated? We have to take a "mandatory" survey

i don't think i should be forced to voluntarily provide medical information

Carrie Dyer
Carrie Dyer
answered on Nov 10, 2021

Yes, nothing prohibits your employer from asking whether you are vaccinated.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can an employer fire a employee for not getting enough Google reviews from customers?

Example, an employee is required to get 10 customer reviews a month. The employee asks 84 customers for reviews but only 6 respond. Is that grounds for termination when the completion of the goal requires a third party participant to follow through?

Carrie Dyer
Carrie Dyer
answered on Oct 20, 2021

Yes. If you are an at-will employee, your employer can terminate you for any reason or no reason, even if it is unfair. Unless you have an employment contract stating otherwise, your employer can terminate you for failing to get the requisite number of customer reviews - even though the goal is... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: In January I filed an EEOC complaint against my employer. In September, I was terminated. Do I have a legal recourse?

I had no progressive discipline and the only reason I was given was a loss of confidence.

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 19, 2021

More information is needed here. However, filing an EEOC charge against your employer is called a "protected activity," meaning you cannot be retaliated against based on your choice to file the charge. If, after you filed your charge, you noticed your employer started treating you... View More

1 Answer | Asked in Employment Law, Family Law, Business Law and Employment Discrimination for Texas on
Q: How to enforce or compel the texas subpoena that was served according to § 24-13-112 . Should I file compel in TX or GA?

How to enforce or compel the texas subpoena that was served according to § 24-13-112 . Should I file compel in TX or GA?

Should I motion to compel in GA along woth motion to transfer to texas court? Bcoz case is pending in Texas court.

Teri A. Walter
Teri A. Walter
answered on Aug 31, 2021

If the case is pending in Texas, then presumably there's no case in Georgia in which to file a motion to compel.

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for Texas on
Q: Can I as a private club employee be fined or face punishment for knowingly selling alcohol or liquor to a non-member(s)?

I've been routinely facing backlash and scrutiny for trying to enforce the temporary membership rules. I feel like I'll lose my job if I make people pay for them.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 29, 2021

Your boss should back you up on requiring the membership because if you are caught selling to non-members then the entire club's permit could be suspended for 60 days for operating as an "open saloon."

Also, helping someone violate the private club rules is a crime under...
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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Do I have a lawsuit?

I was terminated from my job. I was told I was fired due to absences that pertained to my mental health. I was told they didnt want someone working for them that had mental health problems. I was also never offered COBRA insurance and my insurance was canceled 12 days after termination. I was... View More

Carrie Dyer
Carrie Dyer
answered on Jun 8, 2021

You may have a claim under the Americans with Disabilities Act. If your employer has at least 50 employees in a 75 mile radius, and you have worked there for at least 12 months, for a total of at least 1250 hours, you may also have a claim under the Family Medical Leave Act. You should reach out... View More

1 Answer | Asked in Employment Discrimination and Personal Injury for Texas on
Q: Can I sue a former employer for work-related injury I was hospitalized with no formal termination

No working on conversation no unemployment just hospital bills no formal termination

Tim Akpinar
Tim Akpinar
answered on May 27, 2021

A Texas attorney could advise best, but your question remains open for two weeks. Actually, you might benefit from speaking with not just ONE, but TWO Texas attorneys - (1.) one to look into the injury you describe as occurring in the scope of your employment (a workers' comp attorney) and... View More

2 Answers | Asked in Employment Discrimination and Personal Injury for Texas on
Q: Can I sue my former employer for work-related injury and also I was never terminated, just left hanging

Fell 30-seat off of platform lift that was not secured with no harnesses tied Downs or straps, coworker fell on top of me and then the trash bucket fell on top of both of us

Tim Akpinar
Tim Akpinar
answered on May 22, 2021

A Texas attorney could advise best, but your question remains open for two weeks. I'm sorry about your accident - it sounds like it was a terrible fall that was further compounded with the trash bucket. In general, for injuries that take place within the course of employment, legal remedies... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can an employer make you get a covid vaccine for employment consideration? Sounds discriminatory to me.
Rhiannon Herbert
Rhiannon Herbert
answered on May 18, 2021

Generally, the answer to this question is yes. However, there are two exceptions to this general rule. If you have a religious objection to receiving the vaccine, or if you suffer from a disability that renders you unable to receive the vaccine, you can request an exemption from this requirement as... View More

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Employment Discrimination for Texas on
Q: Civil Demand Notice, I was an employee using 10$ off coupons on my transactions. Over time made the company lose 300$

I paid for everything I purchased. I want to start off by stating that. I never once stole anything. These coupons are meant to be used along with our associate discount. I would take the points customers didn’t want and add them to my account. If an item I bought was 100$ then I would end up... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 17, 2021

Paying a civil demand after the fact will not prevent criminal charges of theft or forgery. Sometimes the vendor will imply that they won't file criminal charges if you pay the civil demand... but they might anyway. Also, once it is reported to law enforcement the vendor can't dismiss... View More

1 Answer | Asked in Employment Discrimination and Personal Injury for Texas on
Q: Can I sue a former employer for a work-related accident that I was unjustly terminated & no letter of termination.

The accident was caused, no letter of termination or final dispensation. I was hospitalized, no workman's compensation, no unemployment. I missed over 24 weeks of work

Daniel John Christensen
Daniel John Christensen
answered on May 13, 2021

It is important for you to contact a board-certified personal injury trial lawyer immediately. You may have a claim, but it is hard to know for sure with the facts provided. I would need to know more about how you were hurt, your injuries and would want to confirm your employer is not a... View More

2 Answers | Asked in Criminal Law, Employment Discrimination, Employment Law and Personal Injury for Texas on
Q: I am a victims of an attack and assaulted at the work place parking lot by another co-worker as I was unlocking my car.

I work a privately own Medical establishment. The owner who is having me come to work Monday 03/01/2021 in a Hostile environment with the Attacker. And refusing to pay me Medical Leave , due to I am Traumatized and need Medical help and I am scared of my Attacker. The Attacker who's worked... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 28, 2021

Contact a member of the texas Trial Lawyers association who handles workers compensation cases in your county. you can discuss with him the options you may have for other claims.

You can also report the assault to the police.

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1 Answer | Asked in Car Accidents, Employment Discrimination, Employment Law and Sexual Harassment for Texas on
Q: Confessed having sexual relations with 2 elderly women at last job nothing has happened and frud in car accidents

Confessed at 8pm central time what is happening in Oklahoma

Peter N. Munsing
Peter N. Munsing
answered on Feb 24, 2021

It's not clear that you have a question. However as it involves some serious issues, and this is a public site, I suggest you contact an attorney who handles criminal defense in the states where you are charged or where you have concerns and do not discuss these issues on any social media.

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