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Texas Employment Discrimination Questions & Answers
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.

http://www.twc.state.tx.us/jobseekers/texas-payday-law#paymentsSubjectToPaydayLaw

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: http://www.twc.state.tx.us/jobseekers/how-submit-wage-claim-under-texas-payday-law

1 Answer | Asked in Employment Discrimination for Texas on
Q: i want to know if I can file a grievance against my last job for not accommodating my disability.

I worked 8 hour shifts with no break. I was a server. I even asked him if I could get purchase a tray jack & was told no. Then I was let go because of my disability even though I was able to do my job as well as the other servers. Do I have grounds to file a grievance or take affirmative action... Read more »

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

You might have a claim for disability discrimination under the ADA or Texas state law. Disability discrimination occurs when an employer covered by the ADA or under Texas state law, treats a qualified individual with a disability unfavorably because he/she has a disability. The law also requires... Read more »

1 Answer | Asked in Workers' Compensation, Employment Law and Employment Discrimination for Texas on
Q: I was injured from a man lift onto my spine. Filed a Workers Comp claim. 2 months later was fired.

Have a Workers Comp lawyer fighting for me. Have a EEOC Charge of Disability Discrimination in the Investigation stage and have a chance to get Right to Sue letter. Im also a protected class under ADA guidelines for Disability. Im on SSDI for scoliosis and bipolar. Employer knew this when I was... Read more »

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

You might have a workers' compensation retaliation claim under Chapter 451. I am assuming your workers' compensation attorney is helping you with that. If not, you may need to contact an attorney to pursue that avenue. As for your potential disability discrimination claim, more... Read more »

1 Answer | Asked in Workers' Compensation, Employment Discrimination and Small Claims for Texas on
Q: They told me that when the Doctor gave me the mmi rating of 5% × 3=15 × 266.00 = to 3990.00 back pay since they stopped

Paying me on November 25 2016 they told me to sigh to get paid then they closed my case what can I do to reopen my case and sue them I'm disabled I had 19 surgeries on my right ankle

Roy Lee Warren
Roy Lee Warren
answered on Sep 8, 2017

Assuming you signed a DWC 24, (an "agreement", but absolutely not a settlement because "settlements" are not allowed in WC) it probably included an agreement that you "agreed" to the MMI and IR given. If so you have a very hard situation because you will have to... Read more »

1 Answer | Asked in Workers' Compensation, Employment Discrimination and Small Claims for Texas on
Q: Is there any was I can reopen my case they keep on telling me no but I know there's always something a lawyer can do to

Reopen my case

Roy Lee Warren
Roy Lee Warren
answered on Sep 8, 2017

I believe you are correct, a lawyer probably can figure out a way to reopen, particularly if you have it class correctly. WC cases in Texas are not supposed to be closed because they have life-time medical for the injury.

2 Answers | Asked in Workers' Compensation and Employment Discrimination for Texas on
Q: Employer is writing me up for false reasons after w/c claim. I feel like they are trying to fire me. What can I do?

Been with the company for almost 2 yrs. Work injury happened 5/12/17 and the only thing I had prior to filing was a verbal warning with clocking into work 5 mins late when I first started working.

Roy Lee Warren
Roy Lee Warren
answered on Aug 21, 2017

It certainly could be discrimination but depends on the facts. Are others treated differently, does the employer pay bonuses for "no lost time" to employees, many things factor into the analysis.

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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: my friend worked for this company twenty years and last november he was told that they wouldn't be needing him any more.

he usually got 1500.00 in bonus but was told that he wouldn't be getting anything this year. he was let go without no compensation for all his time that he worked there.

William C. Head
PREMIUM
William C. Head
answered on Aug 20, 2017

In most states, the laws are set up as "right to work" laws. That means that people have no CONTRACT or RIGHT to remain employed.

This happens all the time, because Legislators favor businesses, not individuals, when it comes to job creation.

1 Answer | Asked in Employment Discrimination, Employment Law, Personal Injury and Juvenile Law for Texas on
Q: wife chose to resign after a breakdown and harassment over her being accused of being on drugs for 2nd time by inmates

my wife resigned her position and refused a drug test. she had recently suffered a nervous breakdown and when she returned to work she asked to be demoted from shift leader position at a juvenile detention facility, after her refusal of a drug test her boss shared that information with other... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jul 12, 2017

Contact a member of the Texas Trial Lawyers Assn who handles employment issues--they give free consults. Remember, only certain things are forbidden. Employers being jerks is allowed.

1 Answer | Asked in Workers' Compensation and Employment Discrimination for Texas on
Q: I am asking for advice on behalf of my mother, her employeer has stopped paying wages for workmen's compensation.

The wages have stopped with out notice. We spoke to the insurance adjuster handling the claim and she stated she would check with the employeer for the status or reason of the missing wages. Due to not receiving these wages my mother was not able to purchase her prescriptions that she needs to... Read more »

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Feb 23, 2017

You will probably need to speak to a lawyer to get your answer because there is just not enough information to answer your question. Most workers' compensation lawyers will speak to you for free over the phone. The answer will depend on whether your mother's claim is under workers'... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can my employer take from my hourly wage for absences but not apply the same policy to the rest of his employees

This policy was implemented several months into my employment, at which time I had no standing record of unexcused absence, nor do I now. However this new policy has only been applied to myself and one other employee, but not any others. There are about 10 hourly employees. Only the two of us are... Read more »

Beatriz Adriana Sosa-Morris
Beatriz Adriana Sosa-Morris
answered on Feb 15, 2017

I don't understand your question. However, an employer must pay you for all hours worked.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: My previous employer refuses to pay me and now he is out of the country. I have no idea how to get him to pay me.

I worked with my previous employer for almost a year. I was a property manager for his properties and aside from being a bad boss he always paid late so I finally decided to quit July 2016. He owes me a little over $1700 dollars and refuses to pay. I constantly send him emails and call him but no... Read more »

Anton Pal Montano
Anton Pal Montano
answered on Oct 28, 2016

I am sorry that you are having to deal with this situation. If you have not done so yet, you might consider filing a complaint with the Texas Workforce Commission about your employer's failure to pay your final paycheck. This may be a violation of the Texas Payday Law and the TWC... Read more »

Q: On 8/10/16 my brother suffered from sever dehydration and a heat stroke while at work.

His coworkers did nothing to help him, they just left him there on the ground. He was some how able to call a close friend to go drive the worksite and render aid to him. He was suffering sever cramps and could not move. His friend got there and saw him in very bad shape so he immediately called... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2016

Contact a member of the Texas Trial Lawyers Assn who handles workers comp and construction site injuries. They give free consultations.

1 Answer | Asked in Workers' Compensation and Employment Discrimination for Texas on
Q: . In February. I hired workman's comp attorney. I got incarcerated 2/28

Was scheduled. To see specialist to discuss possibility. Of having. Back surgery I missed apt.3/4 du e to being sentenced to 6m. state jail.May attorney. Relieved self from my case. In july 19 i was released. Trying took pick back up with treatment for injury have hearing for benifit review.... Read more »

Roy Lee Warren
Roy Lee Warren
answered on Sep 10, 2016

Yes, either hire another lawyer or seek help from a DWC ombudsman. It would help with hiring a lawyer if you request a waiver of any fees owed from your previous lawyer because if another lawyer is hired, your previous lawyer is paid first. Also, even though an ombudsman's... Read more »

1 Answer | Asked in Employment Discrimination for Texas on
Q: I wanted to know if This is grounds that I can file a radical discrimination lawsuit and what should I do

A independent contractor at my employer. Called me the "n word and said "f*** you you N*****" I feel very uncomfortable working in the same fasciity as the contractor. My manager gave the contractor a "30 day notice" because there contracts state that that's what the... Read more »

Sadiqa Banks
Sadiqa Banks
answered on Sep 10, 2016

Wow! I'm sorry you had to experience that. Depending on the employment relationship, you may have a reason to file a discrimination charge with the EEOC. However, it's not quite clear from the details you provided. I would suggest that you call an attorney and provide more detailed... Read more »

1 Answer | Asked in Workers' Compensation and Employment Discrimination for Texas on
Q: I need help haven't received a settlement from workers compensation and its been 2 years

My boss told me she felt betrayed after i told her i broke my foot and cracked ankle

Sadiqa Banks
Sadiqa Banks
answered on Aug 31, 2016

Wow! I'm sorry to hear about what's going on. This can be hard especially after having been injured in the job. I would suggest that you speak to an attorney via phone to discuss the details. That would be the best place to start.

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Texas on
Q: Got hurt on the job on 11/19/15. Got MRI , I have 2 herniated disc and sciatica ,was out of work for 4 months.

Got and injection and started to get better. Went back to work and hurt my back again. Was out for 1 week. WC paid me benefits. 1 month later got hurt again, Still worked. After work on friday my boss calls me at 9 pm tells me u have to go to a service call I told him I couldn't I took my pain... Read more »

Roy Lee Warren
Roy Lee Warren
answered on Aug 19, 2016

You may have a fight on your hands but you should still be entitled to benefits. I am not sure how anyone could tell you had been drinking from a telephone call but it appears you did the right thing telling them you could not come to work. As for termination, an employer can fire you for any... Read more »

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