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Texas Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Copyright and Intellectual Property for Texas on
Q: can i get in trouble for using pictures i took for work, for personal matters?

i no longer work for them, and I was a part time employee when I was working for them.

edit:

What if I plan on using them to post on social media? In hopes to show my work, and attract new photography clients?

The Confidentiality Agreement I signed does not mention my work,... Read more »

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

If the pictures were creative works, you could be violating your former employer's copyright interests in such works. Typically, under the work for hire doctrine, the copyright for creative works made by an employee belongs to the employer, not to the individual employee that created them.... Read more »

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... Read 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... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: My boss loaned me a vehicle and I wrecked it. She took it upon herself to start deductions from my pay 5 x before firing
John Michael Frick
John Michael Frick
answered on Nov 21, 2022

An employer may not make such withholding from an employee’s pay without the employee’s consent.

You are entitled to get that money repaid. And your employer is entitled to be paid for the cost of repair and loss of use of the vehicle you wrecked.

I recommend you schedule an...
Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Company does not want to take care of no insurance ticket in one of their trucks and giving me the run around

And now since they are not responding or show proof if they did have it the court issued a warrant and I can't drive for anyone else until this is resolved.

John Michael Frick
John Michael Frick
answered on Nov 18, 2022

Insurance responsibility depends upon the nature of your relationship with the company and the terms of any agreement between you.

Typically, an employee of a trucking company is insured under the company's liability policy.

On the other hand, an independent contractor would...
Read more »

1 Answer | Asked in Employment Law for Texas on
Q: I'm currently employed, but on short term disability. Can I work for another company as long as the work is not related?
Damon Miller
Damon Miller
answered on Nov 18, 2022

Hello! Thanks for your question. Disability policies (short-term included) can vary a lot in how they define what it means to be "disabled." I would recommend taking a look at your employer's group Short-Term Disability policy and seeing how it defines "Disability." That in... Read 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... Read 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...
Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Is my employer required to give Monday off after New Year’s Day which falls on a Sunday (a non-working day)?

Employer is a school district.

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 16, 2022

No. There are no laws that require employees to receive time off on any particular day, so your employer is permitted to schedule you for work the day after (or the day of) holidays.

1 Answer | Asked in Employment Law for Texas on
Q: I recently got demoted due to not able to fulfill all my duties at work due to long covid aftermath, so i resigned. is

I have been medically signpost with depression and many other health issues due to covid aftermath.

John Michael Frick
John Michael Frick
answered on Nov 9, 2022

In the absence of a written employment agreement to the contrary, employment in Texas (and in most US states) is at-will. That means you can resign for almost any reason. It is almost certain that your former employer will not pursue any claims against you under the circumstances.

1 Answer | Asked in Employment Law for Texas on
Q: I used to work a salary job and was wandering if i was an exempt employee if not how to get back pay.

I worked for cosway bait and tackle and i worked overtime regularly for salary. I was wandering if i could get the back pay for 7 years and how long would it take.

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 8, 2022

Unfortunately, the statute of limitations on unpaid wage claims under the Fair Labor Standards Act only goes back a maximum of three years. While salaried employees need not be paid overtime, your employer has to prove that your job meets certain requirements in order to properly pay you on a... Read more »

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... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Do I have to pay an employee the minimum wage in a different state that where I am located?

We are in Texas and the employee was temporarily working in Massachusetts

John Michael Frick
John Michael Frick
answered on Oct 5, 2022

The minimum wage in the place where the work was performed is the applicable wage rate.

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... Read 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... Read 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... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Banking and Identity Theft for Texas on
Q: My roommate came home yesterday with cashiers check made out to him with his name misspelled the cashiers check was for

$34,000. The next morning he took it to his boss to get advise. His boss told him to just go home and then meet him at his house at 2pm and he (the boss) would take him to cash it. At some point the boss told my roommate that he would give him $1000. So he then comes home and tells me everything... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Sep 19, 2022

Roommate needs to find a new boss. Don't cash check or he will be in jail

2 Answers | Asked in Contracts and Employment Law for Texas on
Q: In the state of Texas is a no hire clause enforceable if it’s between 2 businesses and the employee affected didn’t know

I work for a company who is a contractor for a bigger company. I recently applied to work for the bigger company, was offered a job, then told I couldn’t work for them because my current employer (their contractor) and them signed a contract with a no hire clause in it.

John Michael Frick
John Michael Frick
answered on Sep 14, 2022

An antipoaching or no-poaching agreement between two businesses may or may not be legal based on the language of the agreement and the particular circumstances of your particular case. Ordinarily, whether the employee knows about such an agreement is not a significant factor in determining whether... Read more »

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1 Answer | Asked in Employment Law for Texas on
Q: When repaying “training costs” to my employer, should I have to pay back overtime and benefits?

I was hired as a “trainee” while I completed the hours toward my certification. I signed a document that if I left less than 2 years after my certification I would pay back the training costs. I don’t feel like taxes, overtime and other benefits should be included in training costs.

John Michael Frick
John Michael Frick
answered on Sep 12, 2022

Unless you specified in your agreement that training costs includes taxes, overtime, and other benefits, I would think that a court would not construe those items as "training costs" using the ordinary definition of that term.

1 Answer | Asked in Contracts and Employment Law for Texas on
Q: Do Texas district courts have exclusive jurisdiction over at-will employment contract disputes? Case law please.

Can one remove a case from a justice of the peace court in Texas to a district court? If it is an at-will employment contract dispute.

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

No, in Texas, district courts do not have exclusive jurisdiction over at-will employment contract disputes. Under Section 24.007 of the Texas Government Code, a district court has jurisdiction of a civil matter in which the amount in controversy is more than $500, exclusive of interest. That is... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: I am a supervisor for a hwy construction comp. Been with them for over 35. Can the make me pay for an accident by one my

Employee's? Let me say never had any kind of accident in my job. Must add I was told you pay for this out of your own pocket or your fired. I was sent an email say the damage was $15,000. I'm 70yrs old I don't need this. Could anyone please guide to some options. Thanks

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

Unless you have a written employment agreement for a specific term of employment, your employer most likely can terminate you because one of the subordinates you are responsible to supervise caused an accident. However, legally, as an employee, your employer cannot successfully sue you for such... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: I work at a meat plant. Company policy is to show up 10-20 minutes early to change and then clock in. Is that legal?

They have written company policy clock in notices posted at each time clock. States employees must show up before their required shift to change into clothes provided on job site, but not to clock in until you are changed. Is that not considered work? They require it to be done and can only be done... Read more »

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

Under the FLSA, the time spent changing into the clothes provided on the job site is consider compensable work because your employer is requiring you to change into those clothes at the job site. If your workplace is unionized, however, you and your fellow employees could have collectively... Read more »

1 Answer | Asked in Employment Law and Wrongful Death for Texas on
Q: Employee went missing after break. What must I do. Is there a time frame to adhere to.
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Aug 24, 2022

Contact there family ASAP. If you don't know family members file a police report.

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