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Texas Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Employer let me go after telling me to quarantine and test. Results were negative and let go day 13 of 14 quarantine.

I was informed I had been exposed to the virus. When I told employer they said go home and quarantine immediately for two weeks and get tested. After receiving negative results I contacted immediate supervisor via text. After no response I contacted the owners wife via text stating when I would be... View More

Carrie Dyer
Carrie Dyer
answered on Dec 30, 2020

It sounds like your employer may have violated the Emergency Paid Sick Leave Act of the Families First Coronavirus Response Act. Subject to some exceptions, employers with less than 500 employees are required to make 80 hours of paid sick leave available for full-time employees, and the equivalent... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for Texas on
Q: Harrassment from bosses and coworkers.

I have worked at the same place for just over 14 years. In that time I have had issues of what I feel is harrassment from coworkers and immediate supervisors. When I have gone to HR I was the one who ended up being disciplined. As a result I have had a bad attitude and getting in more trouble.... View More

Kyle Anderson
Kyle Anderson
answered on Nov 19, 2020

Hi, more information is needed to fully evaluate your situation. Generally, workplace "bullying" is not unlawful. To give rise to any sort of legal claim, the harassment you are experiencing would need to be sexual, or based on your race, gender, religion, or disability, etc. I would... View More

1 Answer | Asked in Employment Law, Business Law, Civil Rights and Employment Discrimination for Texas on
Q: How do I protect myself from employee retaliation after reporting my boss for racial discrimination?

I work for a technology recruiting company in Texas. One of the Managing Partners discriminates against potential candidates based on national origin (Indian nationals, specifically, but I have also witnessed discrimination against African-Americans and people of Asian decent). I feel he is a... View More

Carrie Dyer
Carrie Dyer
answered on Sep 23, 2020

You should report the discriminatory actions of your boss to the Human Resources Department in writing. The HR department should then do an investigation into your complaints. The company, including the Managing Partner, is prohibited from retaliating against you for complaining about and... View More

Q: I’m about to go to boot camp but I have a pending civil court case for a car accident. Will I be able to go to BC?

Does boot camp qualify the trial to be put on “stay” status?

Tim Akpinar
Tim Akpinar
answered on Sep 14, 2020

A Texas attorney should advise, but your question remains open for two weeks. Until you are able to consult with a Texas attorney with time looming, you could check with the judge's clerk on your case. Based on your description, it sounds like a note of issue has been filed and that you may be... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: if a buisness is doging my calls and just keep avioding to pay can i take legal action
Kyle Anderson
Kyle Anderson
answered on Aug 20, 2020

Hi, there is not enough information here to fully evaluate your situation. If they are avoiding paying you for hours you worked, they would be in violation of federal minimum wage laws and overtime laws (if you worked overtime). I would recommend reaching out to an employment law attorney in your... View More

1 Answer | Asked in Employment Discrimination for Texas on
Q: Can I file a disability discrimination against my employer
Stephen Lewis Townsend
Stephen Lewis Townsend
answered on Aug 10, 2020

Without knowing the details, generally an employee can file (and has a right to file) a disability claim against their employer. I recommend you contact the Equal Employment Opportunity Commission for more information. For most discrimination claims, an employee will be required to go through the... View More

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... View 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... View 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... View 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... View 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... View 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... View 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:

6.4 JOB SEARCH WITH CRIMINAL RECORD

It is important for a person with a criminal history to be up front about their experience and explain the...
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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,... View 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... View 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... View 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... View 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...
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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... View 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...
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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... View 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... View 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... View 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... View More

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