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Texas Employment Law Questions & Answers
0 Answers | Asked in Employment Law for Texas on
Q: I got paid only 7.50 an hour when I was promised $25, what can i do?

II was promised to be paid $25 an hour for a job from my prinicpal, but only got paid 7.50 an hour, because the districts policy said that the job I already worked is that amount. I lost time with my son (who at the time was only 6 months) and I lost money as well that I wa promised. I had a paper... View More

1 Answer | Asked in Employment Law for Texas on
Q: Do I have grounds for a lawsuit due to severe privacy violations and extreme neglect of workplace conditions?

I am a travel sterile processing tech and recently learned from permanent staff at the hospital where I was contracted that the director was fired for using security cameras to check out female staff members. Despite the hospital’s awareness of this misconduct, they failed to inform travel staff... View More

John Michael Frick
John Michael Frick
answered on Nov 11, 2024

You will need to prove that the director used the security cameras specifically to inappropriately check out you. If he only checked out other female staff members, you will have a difficult time proving damages to you.

0 Answers | Asked in Employment Law for Texas on
Q: Can an employer cancel out my earned PTO that I earned in CA if I move to TX? Ive been employed 27 years same company.

I have worked for the same company for 27 years based in CA. I also lived in CA. 25 years in I moved from CA to TX for a better cost of living and still work full time remotely, Shortly after moving we were acquired by a firm based in Utah. At the point of Acquistion I had 200 hours of... View More

1 Answer | Asked in Employment Law for Texas on
Q: I was retaliated against and I want to know what rights I have. I worked in multi-family. Can I speak to someone
John Michael Frick
John Michael Frick
answered on Nov 8, 2024

A lawyer who practices in the area of employment law ought to be able to answer your questions. This is a Q&A forum. You should search in the "Find a Lawyer" feature of Justia for an employment lawyer in or near the county where you were working at the time of the retaliation. The... View More

0 Answers | Asked in Employment Law for Texas on
Q: what are the regulations and stipulations of medical leave in Texas I work for a large company

I have been on medical leave since July 23,2024 for a back injury that happened in may of 2022 I was put on medical leave because even with doctor restrictions the store personnel would not stick to it there were times that I had done double shifts ,not able to sit, overdoing it to the point that I... View More

0 Answers | Asked in Employment Law for Texas on
Q: My l1a is maxing out but my eb1c is approved but not current yet

My L1A visa is nearing its maxing out in May 2025 while my approved EB1C petition ( June 2022) is not yet current on the visa bulletin, I wanted to explore my options like filing an I-485 to adjust your status while still maintaining your L1A status until your EB1C priority date becomes current... View More

0 Answers | Asked in Employment Law for Texas on
Q: Employment Law Question - Should I have lost all my accrued PTO hours when company decided to switch to Flex PT0?

I've worked for the same company 27 years and still do.

In year 25 or 26 I moved from CA to TX and shortly after the company switched from traditional PTO benefits to Flex PTO,

For most employees it did not have any affect on them. The company took the amount of PTO hours... View More

0 Answers | Asked in Employment Law for Texas on
Q: What can I do if a school district that I previously worked for changed my service record almost 2 years after I left?

The school district changed my service record almost 2 years after I left and removed the approved family medical leave (unpaid). It appears that the school district went back and counted the approved family medical leave as a break in service for purposes of my retirement. The district is giving... View More

0 Answers | Asked in Employment Discrimination, Employment Law and Education Law for Texas on
Q: Harassment and gender discrimination issues at workplace

A female employee is enduring unjust treatment from her supervisors, who resort to bullying, intimidation, and harsh criticism whenever she raises legitimate concerns about her work, creating a hostile work environment. In stark contrast, her supervisors consistently back a male colleague who... View More

1 Answer | Asked in Employment Law for Texas on
Q: Hello, I work retail and I was wondering is it legal for my boss to schedule me to work 7-12 consecutive days?

It happens rather often to me and my coworkers. If you bring it up about working more than 7 days in a row our boss will basically threaten to cut our hours.

John Michael Frick
John Michael Frick
answered on Oct 24, 2024

Yes, it is legal but you are eligible for overtime pay if the total number of hours in a week exceeds 40. Some retail stores schedule part-time employees seven days a week but only for short shifts usually during peak hours, e.g. 6 pm - 10 pm.

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Weekly pay and healthcare was held for 4 weeks. I was paid back on the 5th week. Union employee. Is that a crime?

Occurred Jan/Feb of this year. Wage claim filled with TWC. No reason was given. I had to contact a different work area to be reinstated. I believe not paying me for the month is a crime. It certainly hurt.

John Michael Frick
John Michael Frick
answered on Oct 10, 2024

In my professional opinion, it is not a crime but is good grounds for a wage & hour claim with the TWC.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Could you advise and offer reference details on a matter of an employer using ‘Bait and Switch’ tactics?

The employer placed an advertisement with ‘Indeed’ for a position with an estimated salary of $69k-$92k. Upon the offer letter/hiring, it was $20.46. After persistent research and enquiring, it led to a wrongful/illegal termination. Could you advise and offer reference details?

John Michael Frick
John Michael Frick
answered on Oct 7, 2024

This type of tactic is unfortunately becoming increasingly common. Legally, it is difficult for a job applicant responding to such an ad to prove damages because the job applicant will decline the job offer if the compensation is substantially below what is advertised. At best, the job applicant... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: My employer has been paying me overtime in cash for the last year, I want to report this. How do I proceed

Lots of other sketchy practices, kinda want to take down the buissness because of them ranging from gender based and other discriminations during hiring to making employees pay for stolen product.

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

File a wage and hour complaint with the TWC.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Is it legal for my HR department to override my time clock for the day at work to make it seem as if I never arrived ?

I was recently terminated from my job. That morning I went to work and clocked in through an app on the phone , which we HAVE to be in the building to accomplish. After an hour of being there and working I was called to the office and fired . The company refused to let me go back in the building... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

If you are scheduled to work and you show up as scheduled, the employer is obligated to pay you. You could be entitled to a half day's pay as "show up pay." Check TX department of labor or search for TX wage laws. You can file a claim form. In direct response, no it is not legal for... View More

1 Answer | Asked in Employment Law, Immigration Law, Tax Law and Business Formation for Texas on
Q: I am an F-1 student with no SSN/ITIN and want to create a digital store in TX. What are the steps on making this legal?

It’s my 2nd year in the US, and I never worked neither on campus. Don’t have a store yet, and don’t have any connections with my home country regarding the store. I will be the sole owner and worker in this digital store selling digital content. I also want to know the details and if I’ll... View More

James L. Arrasmith
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answered on Sep 16, 2024

As an F-1 student in the U.S., starting a digital store can be complicated due to visa restrictions on employment and business activities. U.S. immigration laws generally prohibit F-1 students from engaging in self-employment or running a business, which includes owning and operating an online... View More

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for Texas on
Q: went on disability for an injury, and now have to wear a brace and employer will not let me return to work with brace

employer asked me have doctor send over restrictions, employer asked me to modify restrictions to meet their requirements, which I did, and then said I still cant wear my brace that I have to wear.

James L. Arrasmith
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answered on Sep 11, 2024

It sounds like you are facing a challenging situation with your employer regarding your return to work. If you have a documented medical need to wear the brace and your doctor has provided restrictions, your employer is generally required to make reasonable accommodations for you under the... View More

1 Answer | Asked in Employment Law and Immigration Law for Texas on
Q: Should my 64-year-old immigrant father avoid working to increase SSI benefits at full retirement age? He’s never worked.

My 64-year-old father recently emigrated to the U.S. from Cuba through the humanitarian parole program, arriving two months ago. He plans to apply for U.S. permanent residency after his one-year stay. Although he has a work permit, an attorney advised him not to work during this time, claiming it... View More

James L. Arrasmith
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answered on Sep 6, 2024

It sounds like your father is in a unique situation. Supplemental Security Income (SSI) is a need-based program for individuals who are 65 or older, blind, or disabled, and it is primarily based on financial need, not work history. Since your father has never worked in the U.S., he would not be... View More

1 Answer | Asked in Criminal Law and Employment Law for Texas on
Q: Can a city employee file charges for disorderly conduct against someone using foul language?

I am an employee for a city in Texas. I have been repeatedly harassed by one of the residents. Today, while taking a walk during one of my breaks, the resident pulled up next to me, slowed down, and started shouting swears at me. I know that Police Officers cannot be "offended" by foul... View More

Madolyn García Falone
Madolyn García Falone
answered on Aug 29, 2024

Other citizens aren’t pressing charges, only DA’s offices can do that. And while it’s annoying to deal with someone shouting curse words at you, it’s harder to establish whether that’s actually illegal conduct. You can report that behavior to the police and let them know that it’s... View More

1 Answer | Asked in Employment Law for Texas on
Q: does my work have to pay for work related doctor visits?

when my health insurance company says "this doctor visit is related to a work injury, they should pay for it," is there a legal obligation for my workplace to pay for it or is the insurance company just saying it's not their problem?

John Michael Frick
John Michael Frick
answered on Aug 28, 2024

Typically, your employers workers' compensation carrier will pay for medical expenses caused by work-related injury. you should report the injury to your employer and submit a workers' compensation claim.

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