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Texas Employment Law Questions & Answers
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... Read 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...
Read more »

1 Answer | Asked in Employment Law, Immigration Law and Adoption for Texas on
Q: Temporary Protected Status.

I am from India. Last year I got married to my girlfriend who is a US Citizen and I got adopted by a US Citizen. In 2020, During COVID'19, I could not function my MBA program as my SEVIS got Terminated. Recently I and my wife were planning to buy a home. Since I don't have a work... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jul 13, 2022

There is no TPS for India. If you qualify for adjustment of status, you will be able to apply for a work permit when you submit your application.

1 Answer | Asked in Employment Law for Texas on
Q: If a company let me go due to budget cuts but post that same position for a higher salary, are there any legal actions I

Can take against them? Along with punitive damages

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 6, 2022

It depends on why you were let go. For example, if you believe you were targeted for termination based on a discriminatory reason (i.e. based on your race, sex, age, disability, or religion), then you should contact a Texas employment law attorney to discuss a discrimination claim under Title VII... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: I am currently going through wokers comp because of an injury at work. When my employer gave them my wage statement

For the last 13 weeks they put down 20 hours, 33 hours, 30 hours, 40 hours etc. I was actually working a ton of overtime. 60 hours, 60 hours, 58 hours, 48 hours, etc. there was only 1 week that I worked 38 hours and that was because I hurt myself on a Thursday and left early. The head... Read more »

S. Michael Graham
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S. Michael Graham
answered on Jul 6, 2022

If you have a claim filed through the Texas Department of Insurance, Division of Workers' Compensation, you have the right to challenge the wages your employer has listed at an administrative hearing. The easiest way is for you to get copies of your paycheck stubs to document your actual wages... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Is it illegal for companies to use your pto to fix the problems they have with their network?

My wife and her fellow employees have been forces to use pto when the company's network has a bug or other issues. Any time they have an issue they tell the employees not to log in and that their pto will be used until the issue is fixed. It happens at least once a month.

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 22, 2022

There are no laws that require companies to offer paid time off, so if your employer does offer this benefit, they can also control the terms of when it can (or must) be used, such as in the situation you described above.

3 Answers | Asked in Employment Law, Criminal Law, Banking and White Collar Crime for Texas on
Q: Don’t work for a company and that “company” sends you funds (cash app) can you keep it?

I’m being threatened by a make believe company that they will report me for stealing company funds. I do not legally work for them and they sent me funds over cash app. Since it was sent from cash app is it legally mine? They wanted me to be a money mule for them and convert it to Bitcoin for... Read more »

Elaine Jarvis
Elaine Jarvis
answered on Jun 17, 2022

Absolutely do not give this company any of your personal information. They are trying to phish you or obtain your personal details. There is a way on the cash app., I believe, to return the money, decline to accept it or report it as fraudulent. I would explore those avenues. The cash is not... Read more »

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1 Answer | Asked in Employment Law for Texas on
Q: I work in retail in Tx and currently scheduled 14 days straight before my next day off. Is that allowed? I’m full time

My current work schedule is from my last day off on May 25th and my next day off will be June 8th. That’s 14 straight days without a day off. I work full time hours even though it says I’m part time. Would I get in trouble if I called in to take a day off for rest?

Rhiannon Herbert
Rhiannon Herbert
answered on May 31, 2022

Assuming you're 18 or older, there are no laws that limit the number of days or hours you can be scheduled to work. If you are concerned about your current schedule, you should approach your manager or HR department and ask to have one of these days removed from your schedule.

1 Answer | Asked in Employment Law for Texas on
Q: Is a company allowed to separate from you without giving a valid reason?

I was at the corporate location in Desoto Tx working/training and was informed of the separation last minute and not given a valid reason. Now I am unexpectedly unemployed and no one from the company is taking my calls emails or texts to answer my general questions about compensation insurance and... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on May 24, 2022

Texas is an at-will employment state, meaning you or your employer can terminate the employment relationship at any time and for any reason, or for no reason at all. Thus, employers do not need to provide a reason for an employee's termination.

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... Read 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 Employment Law for Texas on
Q: Husband's work asking for doctor's note to be changed to reflect all dates he was absent. Is this legal?

Basically, husband works for state and has tons of sick time. He used some and brought a doctor's note that said he could return next day. He was still sick and didn't come back til day after. Now they are threatening to write him up if he cannot provide a doctor's note to... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on May 3, 2022

Yes, employers are permitted to require documentation supporting the illness or injury if the employee takes time away from work due to an illness or injury.

1 Answer | Asked in Employment Law for Texas on
Q: Can employer terminate you for missing 2 days of work due to not being paid ? I’m full time get paid biweekly hourly

My check was late so I didn’t show up for my shift for 2 days and was let go even though I wasn’t compensated for the hours worked the previous 2 weeks. One manager said I wasn’t and the other said I was

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 26, 2022

Your employer is permitted to terminate your employment in this situation, but they are still responsible for paying you for the time you have worked.

1 Answer | Asked in Tax Law, Contracts and Employment Law for Texas on
Q: Can an employer deduct taxes from a settlement? Employer agrees to pay 3,000 in damages instead pays 2,500 after taxes

I presented my employer proof of employment discrimination and signed an agreement to receive money and not pursue a lawsuit. I was deposited less than the money agreed. The company claimed they deposited less because they withheld taxes from the net pay.

Linda Simmons Campbell
Linda Simmons Campbell
answered on Feb 17, 2022

If the settlement replaces lost wages those funds are taxable.

1 Answer | Asked in Workers' Compensation and Employment Law for Texas on
Q: My manager wants me to perform two different job positions with a different level of pay without compensation for it.

During the past year, I have been asked to perform multiple duties that higher-level employees perform. I have asked for a promotion and was denied. According to my new manager, I don't do enough to be a team player that deserves a promotion. I have been performing all the extra duties I have... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 16, 2022

There is no limit to the number of job duties or responsibilities your employer can assign you. If you are paid by the hour, however, you must receive pay for all the hours you work, and you must receive overtime pay (1.5 times your hourly rate) for all hours worked over 40 per week. If you are... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: I need l feel i was fired for stating complaint about another manager feel retaliation was the reason what can i do
Carrie Dyer
Carrie Dyer
answered on Jan 26, 2022

More information is needed to answer your question. The type of complaint you made about another manager is relevant. If you made a "protected complaint," and were terminated because of your complaint, then you may have a claim for retaliation. You should contact an employment attorney... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: If HR notifies an employee of the amount of PTO they can they come back later and change it?

I'm a cancer patient. I sent an email to my HR rep asking if she had calculated my PTO. Her reply was you have 28.69 days. I was told I could use them in connection with flma which was required. 4 days later I'm told that I don't have any and the coming Friday will be the last... Read more »

Carrie Dyer
Carrie Dyer
answered on Jan 19, 2022

It sounds like there is some confusion within the HR department if you are getting conflicting information. Do you have a copy of the company handbook that explains the accrual of PTO? Are there other income options for you to consider while you're out on FMLA leave, such as short-term... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: My Mother has worked at a nursing home for 20+years recently they have her working no days off for 4 months what do we

She has worked there for so long.Since working nonstop she has had no days off,sick days, a raise nothing to be compensated for. She is 60 years old. What can we do?

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 29, 2021

There are no laws that place limits on how much an employee can be scheduled to work. Other than submitting a written request for a reduction in her hours, there isn't much that can be done here. However, if your mother is paid by the hour, she must receive overtime pay for all hours she works... Read more »

1 Answer | Asked in DUI / DWI and Employment Law for Texas on
Q: can someone be fired for a dwi, yet others in their job field received the same charge and were not fired?

civil service employee charged with dwi off duty. is being told she is to be terminated as per collective bargaining agreement. per CBA they are subject to termination. however, previous dwi accounts concerning other employees over the last year did not result in termination

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Dec 7, 2021

You can be fired if that is part of the agreement. Retain a lawyer and try to get the DWI dismissed .

1 Answer | Asked in Criminal Law and Employment Law for Texas on
Q: I was hit by a customer in my store because I refused his service .i hit him back now he's filing on me

Yes I did grab coffee pot without thought I had bruise on my face and he a gash on his head. My leg is hurt . I lost my job behind this my boss reported incident to big boss but nothing was done ...even still customer allowed to return. Feel like I have no rights I get harassed and he gets file... Read more »

Vonnie Clay Dones III
PREMIUM
Vonnie Clay Dones III
answered on Dec 1, 2021

You should hire a criminal defense attorney to defend you in this matter. From your statement, you may a have a valid argument for self-defense.

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... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Can an employer deny a request for unpaid PTO?

I am a healthcare professional under contract which entitles me to 80 hrs of vacation PTOs. But there are certain instances that they wont allow for more than 80 consecutive hrs PTO (even unpaid) because of problems with coverage. Can an employer deny this request even if the excess hours are... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 24, 2021

Yes. There are no laws that govern what employers can do regarding scheduling, as long as you are paid for all hours that you work.

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