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Texas Employment Law Questions & Answers
0 Answers | Asked in Employment Law for Texas on
Q: What can you if you get hired but then ghosted by an employer?

I was hired by a company 4 years ago for a remote job only to never hear from them again. Am I technically still an employee, and do they still owe me wages as such despite not having done anything? Seems I was forgotten about.

0 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: is it against the law to fire someone when caring for a minor in a hospital in texas?

I am a single mother and I work and pay all my bills on my own. Occasionally My kids get sick or something medical might happen that needs my attention that might need me to miss a couple of days of work "with doctor's permission" Currently my minor child needed mental attention in... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: I quit my job because my Rgm asked me to relabel expired products and she talks down to employees and yells at them in f
John Michael Frick
John Michael Frick
answered on Mar 24, 2023

You did the right thing quitting.

1 Answer | Asked in Employment Law for Texas on
Q: What should you do if an employer writes you a personal check as your paycheck and it does not clear b.c of ISF?

1. Shouldn't my payment be coming out of a business account?

2. He took the "taxes out"

3. I was paid on the 1st friday and now 12 days later I still have not been paid for my month of work.

4. My bank account is now overdrawn, late fees are accruing, etc.

John Michael Frick
John Michael Frick
answered on Mar 15, 2023

You can file a wage claim with the TWC. Information on how to do so is available on its website: https://www.twc.texas.gov/jobseekers/how-submit-wage-claim-under-texas-payday-law

0 Answers | Asked in Employment Law for Texas on
Q: Is it legal for an employer to set mandatory meeting attendance on your days off? Have to be there 48 hr mtg 2 1/2 hr

have to be in OKC for 2 days (our only 2 days off) and only going to get paid for 2 and 1/2 hrs of time. We are not salaried employees we get paid by the mile and /or hourly.

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: I recently got hurt at work I'm on light duty at the moment. Is my position protected?

They moved me to a different department I was told temporarily while being on light duty. But just two days ago one of the coaches acted as if he is switching me permanently. Which means I get to pay decrease and lose my position I had all do to be hurt. I work at Walmart is this allowed

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Mar 13, 2023

If your claim is in Texas, Walmart no longer carries workers' compensation through the Texas Department of Insurance, Division of Workers' compensation. They are nonsubscribers to workers' comp. Walmart has it's own private insurance. I believe your employer can permanently... Read more »

0 Answers | Asked in Employment Law, Tax Law and Employment Discrimination for Texas on
Q: My ex employer will not fix my W2 nor send the corrected one...and I know the the head of HR gives out false id's and

S.s.numbees to immigrants that work for them...I worked at one of their many locations as a mgr....they took federal taxes out on some but not all my pay stubs...and my filing status never changed

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... Read 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...
Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: EEOC says I have a solid case with concrete evidence. Should I get a lawyer?

I received an email of me being terminated from my employer due to being pregnant. I filed a charge with EEOC.

Cynthia Pietrucha
Cynthia Pietrucha
answered on Mar 8, 2023

I'm sorry to hear about your situation. Whether you should get a lawyer depends on your goals with the EEOC Charge of Discrimination (settlement, mediation, litigation) and your damages from the experience. A lawyer will bring the expertise, advocacy and stress relief you may need during... Read more »

2 Answers | Asked in Contracts, Civil Litigation and Employment Law for Texas on
Q: Hello, A company hired me to be a salesman. They put me through two weeks of training. Now wont hire me because of back

back ground check. I drove 100 miles each day for 2 weeks. Also they made me file for an LLC which was $150 and go on ride alongs with other salesman and I spent over $200 in gas. They owe me around $1500 and will not pay because I failed the background check. I believe since they put me through... Read more »

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

It depends on the terms of your employment agreement and the reason you failed its background check.

If your employment offer was not conditioned on you successfully passing their background check and a background check is not required by some law or regulation governing your occupation,...
Read more »

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0 Answers | Asked in Employment Law for Texas on
Q: Tx employer (public co) keeps transferring me to diff branches can I get unemployment if I turn down recent transfer?

The company I work for is publicly traded and they have changed my contract and branch 4 times in the late year with no regard. They are trying to transfer me again but I don't want to continue in this environment as I get in to projects with clients and end up getting in the thick of things... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: If my boss terminate me for poor performance and allow another employee stay doing poor performance , can I sue?
John Michael Frick
John Michael Frick
answered on Mar 5, 2023

In Texas, in the absence of a contract to the contrary, it is legal for an employer to terminate an employee due to poor performance.

To have a valid claim for wrongful termination, you will need to prove that is not the real reason you were fired and that instead you were fired for a...
Read more »

0 Answers | Asked in Employment Discrimination, Employment Law and Libel & Slander for Texas on
Q: Do I have a case for wrongful termination?

I was woken up by a local cop and taken to my job where I was shown a clip of an action that does look shady and then I was denied the opportunity to prove my innocence using the video. I was arrested at my job in front of my customer and charged with theft of property less then $100. If someone... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: HI! Can a customer that I do work for and they pay with a 1099-NEC come to my shop and complete an inspection?

Is it okay if a company that I do work come in and do an inspection and for say that I need an employee handbook, safety plan, etc...Can I ask the INDEPENDANT CONTRACTOT that works for me to only work during Business Hours? can I ask her to swipe a time clock for billable hours?

John Michael Frick
John Michael Frick
answered on Mar 2, 2023

An independent contractor by definition controls the manner, means, methods, and details of the work they do for you.

You can tell them what you want done and even give them plans and specifications, but you can’t show or tell them how to do it, when to do it, what tools to use to do it,...
Read more »

1 Answer | Asked in Employment Law for Texas on
Q: My employer is threatening with suspension with no pay and i dont know what i can do.

My boss is the owner and HR is his wife. I am a salaried employee and it is an at will company. The suspension is because a client emailed the boss to complain about progress being made. The delay is due to a lack of resources on our end because the boss spent the money that was ment to hire more... Read more »

John Michael Frick
John Michael Frick
answered on Feb 15, 2023

Any reasoned answer will depend on the terms and conditions of your employment and the facts and circumstances surrounding the threatened suspension.

1 Answer | Asked in Libel & Slander, Employment Law, Workers' Compensation and Civil Rights for Texas on
Q: Do you believe under any section on any category are black people seen as equally equal or separateed equally equal?

Honestly honest opinion

John Michael Frick
John Michael Frick
answered on Feb 13, 2023

Article 1, section 3a of the Texas Constitution provides: “ Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative.”

In my professional experience, I have rarely seen individuals treated...
Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Is my employer required to pay my accrued and remaining vacation hours if I quit my job in Texas?

This is what is stated in the Employee Handbook..

"Accrued vacation will be available to each employee upon their anniversary date and must be used within

twelve (12) months after it is accrued. Employees may carry over 24 hours of accrued vacation time to the

following... Read more »

John Michael Frick
John Michael Frick
answered on Feb 6, 2023

No, since the policy stated in the Employee Handbook expressly provides it is use it or lose it.

2 Answers | Asked in Small Claims, Employment Law and Immigration Law for Texas on
Q: What should I file my case as besides a debt claim, if able?

As an illegal immigrant - I was allowed to work at a company in which they paid me $4,000 as a check. I went to the bank and they said it was fake. I contacted my employer and he's given me death threats and threats on calling immigration on me. He denied giving me a fake check and has done... Read more »

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 4, 2023

If you have received a fake check and have evidence of the work you performed, it is important to take legal action to protect your rights. However, as an illegal immigrant, you may face additional challenges in seeking legal remedies.

You should contact the Department of Labor to report...
Read more »

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