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Texas Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Texas on
Q: If it went to the emergency room for a non job related injury, and was tested . Can I be terminated from that

Because while I was in another state. Where I don't live or work. That drug test was given to dhs and my kids where interviewed , and then when I got out Hospital. I returned to work just to be fired. Cause my job had got referral from dhs . And they said I was fired cause the drug test from... View More

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

It depends upon your former employer's drug policy and, most likely, on what drug you tested positive for.

1 Answer | Asked in Employment Discrimination for Texas on
Q: What if I can't find a lawyer for case with eeoc in 90 days from the right to sue date?

My case was for retaliation in a discrimination case. I can almost guarantee that the EEOC did not investigate. I had a lawyer who represented me, for a whole year, starting in Sept of 2022. Then when the right to sue was issued they did not want the case, and having a deadline of 90 days, they... View More

John Michael Frick
John Michael Frick
answered on Nov 3, 2023

You can sue the lawyer for breach of contract. Be sure to read your contract to make sure it does not give the lawyer the right to unilaterally drop your case. In order to prove damages, you will need to prove your underlying EEOC claim and prove that you would have been able to collect those... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: What are my options if I am experiencing a hostile work environment and I am being retaliated against my HR Director?

My HR Director and I have had issues in the past, but most recently I received my Annual Evaluation where my direct supervisor gave me glowing remarks and I was to receive the top rating, but the HR Director refused to sign off on it and demanded that my supervisor lower the rating to a "Meets... View More

John Michael Frick
John Michael Frick
answered on Oct 31, 2023

If the hostile environment is based on race, color, religion, sex, national origin, age (over 40), disability, or genetic information, it may give rise to a legal cause of action. In that instance, you should contact an attorney. Otherwise, it may simply be an internal HR matter

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Can a manager tell you who to be friends with?

This came up because of a request to take time off. And management stated no because it was to many request for time off. And they blame it on a certain person.

T. Augustus Claus
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answered on Oct 3, 2023

Generally, outside of the workplace, a manager cannot dictate who an employee can or cannot be friends with. However, within the workplace, employers might have policies or codes of conduct that address relationships or fraternization to avoid conflicts of interest or perceived favoritism.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Employees mandated to train for a specific martial art after being employed for a number of years with medical issues.

Many older employees with medical issues are now contemplating to retire early. It was said accommodations will not be long term ,you will need to have a release date. If you have back issues, shoulder surgeries, hip issues. But because you hold a certain certification you are mandated to attend... View More

John Michael Frick
John Michael Frick
answered on Sep 24, 2023

Meeting neutral generally applicable physical fitness requirements as a condition of employment in a job where fitness is important isn’t discrimination.

If women were held to a different tougher standard, or if older employees were held to a different tougher fitness standard than...
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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: I live in Texas and my employer, fired me 4 weeks into training, stating I didn’t indicate I worked there before?
John Michael Frick
John Michael Frick
answered on Sep 13, 2023

Failing to truthfully disclose information when applying for a job often results in employment being terminated. If what the employer is saying is true, you may not be entitled to unemployment compensation as a consequence of your deception.

1 Answer | Asked in Employment Discrimination for Texas on
Q: I was hurt at work went to there doctor on a Tuesday and they fired that Friday can they do that
John Michael Frick
John Michael Frick
answered on Aug 27, 2023

They cannot fire you for being injured or for making a worker’s compensation claim.

1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Texas on
Q: Wanting to file lawsuit on company for wrongful arrest/termination - no investigation carried out

charged with and later dismissed due to lack of evidence

3rd degree felony with terroristic threats

event occurred in 2019, statue of limitations apply.

event occurred in a PRIVATE PROPERTY

event did NOT take place: caused impairment or interruption of public... View More

John Michael Frick
John Michael Frick
answered on Aug 16, 2023

It seems the correct cause of action for your particular facts would be a lawsuit for malicious prosecution. In order to prevail, you will need to show the following:

1. A criminal prosecution was commenced against you

2. The defendant initiated or procured the prosecution...
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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Do I have legal protections after administrator interfered with hiring?

I was working for contract company in a nursing home. The administrator and nursing directors of the facility sent intimidating messages through my director to me because they didn’t like my required reporting of changes in patient conditions, which I am legally, ethically, and morally obligated... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2023

Since you were laid off, and not fired for cause, you have standing to collect unemployment benefits from your former employer. You can apply for such benefits online through the Texas Workforce Commission website and most likely will not require the services of a lawyer.

2 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: discrimination in the work place

The company where I work has this problematic person with more than 20 complaints. She is white and very problematic, very calculated but also has bipolar mental problems. She has made the work a toxic environment unbearable for everyone who has to be walking on eggshells, not to offend that... View More

John Michael Frick
John Michael Frick
answered on Jul 20, 2023

You can file a formal complaint against your co-worker with your employer. You should be as detailed and specific as possible if you genuinely want action to be taken. I recommend not saying anything about her having "bipolar mental problems" to avoid raising any red flags about... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: I am searching for a new job and some applications ask me for gender, race, pronounce, sexual orientation, and age range

I am 47 and in Texas. Is it Legal for potential employers to ask for all this information?

John Michael Frick
John Michael Frick
answered on Jun 12, 2023

It is unwise to ask such questions on a job application because it can generally be assumed that information requested on a job application will be part of the basis for making an employment decision, and discrimination on the basis of race, sex, and age is unlawful. It is not illegal per se, but... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Texas on
Q: Do I have a right to file a lawsuit against my ex employer even though some of the incidents have happened in the past
John Michael Frick
John Michael Frick
answered on Jun 12, 2023

Most lawsuits involve incident that happened in the past. But there is a statute of limitations which may be a defense to a lawsuit if the events occurred too long ago.

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Hello and good day! been employee 7 years, just diagnosed with accute aggressive heart failure. Seems I'm loosing job !

It's the way they are going about it and it's not feeling right at any angle...Yes they did know about my previous health and just after all these years being employed is this legal !

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

The answer to your question heavily depends on whether you are still capable of performing all your essential job functions.

Depending on the size of your employer, you may have FMLA options.

1 Answer | Asked in Civil Rights, Employment Law and Employment Discrimination for Texas on
Q: What are the statue of limitations in an ADA case that was dismissed without prejudice for being filed in the wrong

Court when you're with a union. Judge said it was part of railroad act... Please help. Can the case be filed within the two year mark

John Michael Frick
John Michael Frick
answered on Jun 5, 2023

Your submission raises a complex question as to whether your claim under the ADA is preempted by the RLA or by the terms of your union’s collective bargaining agreement with your employer.

See https://www.thefreelibrary.com/Protecting+railroad+workers+with+the+ADA.-a016995247...
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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: What can be done in a wrongful termination after being told it’s due to “making negative comments about management”

What can I do if my job pulled me to the side and decided to terminate me due to “making negative comments of management “ without a write up, warning or any type of notice nor proof. After asking for a termination letter with a statement of why, HR agrees and doesn’t include the reason in... View More

John Michael Frick
John Michael Frick
answered on May 3, 2023

If you have an employment agreement that expressly limits the grounds on which your employer may terminate your employment, you can possibly sue for breach of contract if your employer terminated you for reasons not encompassed within your employment agreement.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Texas on
Q: My employer forced me to get the COVID-19 vaccination as a condition for hire after executive order GA-40 was in effect.

My employer forced me to get the COVID-19 vaccination as a condition for hire. I had inquired if there was any other way to get hired without having the COVID-19 vaccination and I was informed that there was not. I had found out later that there were exemption forms for existing employees after... View More

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

Under Texas Executive Order GA-40, the only penalty for an employer requiring an employee to receive a COVID-19 vaccine is a fine of $1,000 under Texas Govt' Code Section 418.173. It does not create a private cause of action that you can sue under. Moreover, you have not suffered any... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: I was termined from my job and was told it was inappropiate behaviour . I repeated what one of the employee had said.

But I worded it differently . The guess over heard and was offended. I went to the guest and reinterated that when I said it I was asking it like a question . The coworker said Lokk at the baddy with a fatty , I said not a baddy with a fatty. However the quess accepted my apology. Later on that... View More

John Michael Frick
John Michael Frick
answered on Apr 21, 2023

You do not mention any facts that suggest unlawful employment discrimination on the basis of race, color, religion, sex, ethnicity, age, disability, or pregnancy.

1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Texas on
Q: Grounds for wrongful termination / retalliation?

I was terminated yesterday, with the stated, "criminal charges and have violated ethical standards set forth by the Behavior Analyst Certification Board (BACB)". I do not have any criminal charges, and informed the BACB of the arrest, to which they responded no ethical violation was... View More

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

Without knowing what you were arrested for, it is not possible to form an opinion as to whether this incident meets that particular provision.

As a licensed professional, you should have a written employment agreement that clearly delineates the circumstances under which your employer may...
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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: My employer will not give me a raise because I make more money than people in the Mexico office, is this discrimination?

I live in Texas and the company that employees me was bought by a company based out of Canada. They also bought other similar companies and merged us to together, and based our managers out of Mexico. I have asked for a raise 2 years in a row and both times was told "you make more than your... View More

John Michael Frick
John Michael Frick
answered on Mar 31, 2023

It is definitely discrimination but that does not necessarily mean it is unlawful discrimination.

Employment discrimination is unlawful if it is based on your being a member of a protected class, for example race, color, creed, ethnicity, sex, disability, or age.

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Do I have a case on the grounds of retaliation by a manager?

In January of 2022, I filed a complaint against my manager to her manager. I also involved HR since a similar complaint that was filed two years prior was overlooked by her manager. Almost immediately after her manager spoke to her, she began retaliating against me. She began excluding me from... View More

John Michael Frick
John Michael Frick
answered on Mar 10, 2023

It depends on the nature of your complaint against your manager.

Your retaliation discrimination complaint must show that you engaged in protected activity in the investigation of an employment discrimination complaint based on race, color, national origin, religion, sex, age, or...
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