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Texas Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Intellectual Property for Texas on
Q: Intellectual property law for book written while working for a company.

Wrote a book on a topic very relevant to the company where I work. My personal connections made it possible. Roughly half of the time spent on the project was my own personal time, and I've spent a couple thousand dollars on the project that have not been reimbursed. I have kept good written... View More

James L. Arrasmith
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answered on Feb 4, 2024

Given your situation, where the work was done partially on your own time and without a specific contract addressing intellectual property rights, you might indeed have leverage in negotiating royalties for your book. The key factors in your favor are the lack of a clear intellectual property... View More

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Education Law for Texas on
Q: Can a teacher who has been cleared of wrongdoing remain on paid administrative leave indefinitely?

I'm a teacher who has been on paid administrative leave for months. The allegation was investigated and determined to not have happened (false allegation by disgruntled student). I have never had problems at the school, I have never been reprimanded or written up, my evaluations have always... View More

James L. Arrasmith
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answered on Jan 30, 2024

In your situation, remaining on paid administrative leave indefinitely after being cleared of wrongdoing is not typical. School districts generally have policies and procedures regarding the duration of administrative leave, especially after an investigation concludes with no evidence of... View More

1 Answer | Asked in Employment Law for Texas on
Q: How do I find out who my late husband was actually employed by?

I am confused about who my late husband was actually employed by, according to my husband it was Industrial Control Services, then he told me Rockwell Automation bought Industrial control services now I am told he was employed by Insperity Holdings for four years, which is an HR Company, my... View More

James L. Arrasmith
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answered on Jan 13, 2024

To clarify the employment history of your late husband, consider reviewing the W2 forms and other employment documents you possess. These should indicate the employer for each year. If there are discrepancies or missing information, contacting the human resources departments of the companies... View More

2 Answers | Asked in Employment Law and Immigration Law for Texas on
Q: Is it considered unauthorized work on OPT if I performed the same work in my home country but volunteer in the US?

My major is in STEM but I also enjoy doing graphic design work. If I do it as a volunteer hobbyist in the USA while having my full time job in the USA, but get paid creating and selling my designs while physically present in the USA, would that violate my status? My home country is close by to the... View More

James L. Arrasmith
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answered on Dec 22, 2023

When you're on Optional Practical Training (OPT) in the U.S., it's crucial to adhere to the specific rules and regulations that govern this status. OPT is designed to provide practical training experience that is directly related to your major area of study.

If you engage in...
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1 Answer | Asked in Employment Law and Constitutional Law for Texas on
Q: Can your employer ask you for a copy of your ISP bill if you work remotely from home?
James L. Arrasmith
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answered on Dec 17, 2023

In Texas, an employer may request a copy of your ISP (Internet Service Provider) bill if you are working remotely. This request is generally considered reasonable, especially if the employer needs to verify your internet expenses for reimbursement purposes or to ensure that you have adequate... View More

1 Answer | Asked in Bankruptcy and Employment Law for Texas on
Q: I am a priority claimant and former employee in a chapter 11 case in South Texas. What support is available to me?

My Claim ($560K) has been disputed stating the claim exceeds the statutory limit for priority claims under code 507 (a) (4) and to be moved to "disputed".

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 14, 2023

There is a statutory limit per employee of about $13,500 or so for priority (exact amount depends when the bankruptcy case was filed). The remaining amount of the claim would be reclassified as a general unsecured claim (unless there is another basis for objection). You may want to reach out to... View More

1 Answer | Asked in Employment Law and Tax Law for Texas on
Q: Is my situation eligible for a lawsuit or investigation against the corporation I work for? I didn't get paid correctly.

I got hired by Xerox Corp. as a full time employee, however, I never received an email to complete my W4. No Orientation Day existed. I have received my first 3 paychecks through direct deposit but had no access to my paystubs until I figured it out later. When I got access to my paystubs I notice... View More

John Michael Frick
John Michael Frick
answered on Dec 11, 2023

I can't see how you have been substantially harmed by the company withholding a larger amount for income taxes since any overpayment will be refunded to you when you file your taxes. At best, you might be entitled to the interest you would have been able to earn on the difference between the... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: can my employer do this with my ADA?

i have an ADA and requested an accommodation at work in regard to it. the accommodation is to be moved to a certain position that would allow to me to do my job better and i submitted paperwork filled out by my mental health provider to the HR department for this. they are now saying that there are... View More

John Michael Frick
John Michael Frick
answered on Dec 8, 2023

Every ADA claim rests on its own particular facts and circumstances. So no one can definitively tell you what may happen in your particular case.

You are entitled to reasonable accommodations to be able to do your job with your disability as long as it does not impose an undue hardship on...
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2 Answers | Asked in Civil Rights, Constitutional Law, Construction Law and Employment Law for Texas on
Q: 10/27/2023 lost my job for damaging a piece of equipment I was not operatoratng and then found out fired for drugs I

I don't do plus I was never asked or even told anything about this until my ex boss told me in text it was cause there was suspicion I was on drugs witch I wasn't

John Michael Frick
John Michael Frick
answered on Dec 8, 2023

If you know who falsely told your employer that you damaged a piece of equipment and/or were on drugs, you may have a viable claim for defamation against that individual.

With respect to your employer, in the absence of a written employment agreement that precludes your employer from...
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2 Answers | Asked in Civil Rights, Constitutional Law, Construction Law and Employment Law for Texas on
Q: 10/27/2023 lost my job for damaging a piece of equipment I was not operatoratng and then found out fired for drugs I

I don't do plus I was never asked or even told anything about this until my ex boss told me in text it was cause there was suspicion I was on drugs witch I wasn't

James L. Arrasmith
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answered on Dec 8, 2023

Your situation raises several legal concerns. Firstly, being terminated for damaging equipment you weren't operating seems unjust, especially if there's no evidence implicating you. It's important to review any employment contracts or company policies you were subject to, as they... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can my employer decide what reasonable causes for sending me in for a drug test?

My employer knows that I just started new medication and I’m suffering from anxiety and other mental issues

John Michael Frick
John Michael Frick
answered on Dec 7, 2023

Yes, it is up to your employer to determine whether it has a reasonable, individualized suspicion that would suggest to a reasonable person that you are under the influence in violation of company policy. S

Such a reasonable suspicion should be based on firsthand observation by more than...
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1 Answer | Asked in Civil Rights and Employment Law for Texas on
Q: I was fired for theft of time. I did not steal. TWC investigation - in my favor and ruled I did not do misconduct.

The company gave me a task but no metrics to reach and no instructions on how thorough they expected the task to be completed. I was fired for theft of time for doing it too slow on my 1st attempt at the task. I whistleblew about being asked to work off the clock and the company right before that... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Texas, if you were wrongfully accused of theft of time and subsequently fired, and the Texas Workforce Commission (TWC) found in your favor, stating there was no misconduct, you may have grounds to consider a defamation claim against your former employer. Defamation involves making false... View More

3 Answers | Asked in Civil Rights, Employment Discrimination, Employment Law and Personal Injury for Texas on
Q: Like file a civil suit against my Ex-employer for freedom of speech violation, which I was fired. statue of limitation?

Subject: Seeking Legal Representation for Complex Employment and Health-Related Case

I hope this letter finds you well. I am currently facing a complex legal situation that involves various issues related to my employment and health. After thorough research, I believe your expertise in... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Texas, the statute of limitations for filing a civil lawsuit for wrongful termination, which may include claims like violation of freedom of speech, depends on the specific nature of the claim. Generally, for wrongful termination claims, the statute of limitations is typically around two years,... View More

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2 Answers | Asked in Employment Law for Texas on
Q: Hello I live in Texas. I had to have surgery in September I got released to work on OCT 1 and laid off the 2nd

The company was paying my health insurance for my wife and InK was told I would have a job after. After I was released i was laid off the next day and was told they didnt have a truck for me to drive.Im a truck driver

John Michael Frick
John Michael Frick
answered on Nov 9, 2023

Under the facts as described, you should be entitled to unemployment benefits. The following link describes how to apply for unemployment benefits in Texas: https://www.twc.texas.gov/services/apply-benefits#howToApply

Under a federal law (COBRA), you can elect to continue the health...
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2 Answers | Asked in Employment Law for Texas on
Q: Hello I live in Texas. I had to have surgery in September I got released to work on OCT 1 and laid off the 2nd

The company was paying my health insurance for my wife and InK was told I would have a job after. After I was released i was laid off the next day and was told they didnt have a truck for me to drive.Im a truck driver

T. Augustus Claus
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answered on Nov 9, 2023

In your case, you have a disability (you had surgery and were released to work the day before you were laid off). You were also qualified for the job, as you were a truck driver and the company had a truck for you to drive. The fact that you were laid off the day after you were released to work... View More

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1 Answer | Asked in Employment Law for Texas on
Q: I need help with getting my severance pay that was written into the contract and the employer is now refusing to pay

I'm not getting my severance pay as promised in the contract with me. I also believe that I was misclassified as a contract employee when I should have been classified as an employee. I'm trying to do this myself, but after spending hours waiting and talking to the IRS as well as the TWC,... View More

John Michael Frick
John Michael Frick
answered on Nov 7, 2023

A key question is how much severance pay is at issue? A competent experienced employment lawyer typically charges $350-600 / hour. A suit for breach of contract to recover severance pay likely will take 12-24 months if the other party refuses to settle. Hopefully, the other party has no n-exempt... View More

1 Answer | Asked in Employment Law for Texas on
Q: Texas: Can employer/supervisor threaten termination for use of cell phone on unpaid lunch break.

Employed 5 years, PT employee as vendor in big box store (about 30 employees, majority seniors/elderly), no employee handbook, etc. Unpaid lunch break, not wearing apron, hat, hairnet. Received call re: auto insurance while in store. Previously 100% compliant in all work aspects for 5 years, no... View More

John Michael Frick
John Michael Frick
answered on Nov 7, 2023

In a "big box store" environment, you most likely can contact the HR department about what the regional manager said. Ask for clarification as to what the policy is and why you did not receive a copy or any verbal instruction about the existence of the policy. You may discovery that... View More

2 Answers | Asked in Employment Law and Immigration Law for Texas on
Q: My work Terminated my contract due to Personal credit card expense. Is there any way this could be challenged?

My job relocated me and my family from Ireland to US. We invested all our savings in to the move. Due to is not having a credit score, we had to buy most of our possessions with cash. During Dec, I had no money to support my family and used my corporate card. I paid the money back after my Jan... View More

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answered on Nov 5, 2023

If your employment was terminated due to the use of a corporate credit card for personal expenses, even after reimbursement, it's important to review the policies you agreed to upon employment and any subsequent warnings or advisories from the company.

While your circumstances are...
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1 Answer | Asked in Employment Law for Texas on
Q: Can a company withhold a paycheck from me for not logging in my hours on their website even though I clock in and out

I've been sent a warning stating they will withhold my paycheck if I do not log in my hours on their website. I do not know if this is legal or not so I just need information

T. Augustus Claus
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answered on Oct 6, 2023

In Texas, employers are generally required to pay employees for all hours worked, regardless of whether the employee has logged those hours on a website. Withholding a paycheck for not logging hours on a website could be viewed as a violation of wage and hour laws. If you clock in and out, and... View More

1 Answer | Asked in Employment Law for Texas on
Q: My employer discontinued my insurance and said it was a mistake, and continued it. What actions can I take?
T. Augustus Claus
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answered on Oct 3, 2023

If your employer erroneously discontinued your insurance but has since corrected the mistake, you may want to ensure that any medical expenses incurred during the lapse are covered. If they aren't, you can potentially seek reimbursement from your employer. You can also check the Texas... View More

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