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Texas Employment Law Questions & Answers
1 Answer | Asked in Civil Rights and Employment Law for Texas on
Q: What type of lawyer do I need in terms of a mental health disability and my job?

I have bipolar disorder and need to know if my job can be at risk because of it.

John Michael Frick
John Michael Frick
answered on Dec 23, 2024

You should contact a lawyer who practices in the area of employment law in or near the county where you work. Typically speaking, if your employer has enough employees to be covered by the applicable statutes, and you can show that your bipolar disorder qualifies as a bona fide disability, your... View More

0 Answers | Asked in Employment Law for Texas on
Q: I am seeking assistance with obtaining my commissions after being terminated, by no fault of my own.

I am seeking assistance with obtaining my commissions after being terminated, by no fault of my own. They stated that it was in their company policy that I am not eligible for commissions earned that have not been paid out. This policy was never given to me nor did I sign off acknowledging such a... View More

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Texas on
Q: I have not been paid my regular paycheck in 7days. What are my options?

My employer did not deposit my whole paycheck last Fri. I immediately told my manager and he said others had same issue. I messaged throughout the day and was told payroll was resubmitted at noon on Friday and it will deposit most likely next business day. It's now Thursday of the next week... View More

John Michael Frick
John Michael Frick
answered on Dec 12, 2024

You can file a wage & hour claim with the Texas Workforce Commission:

https://www.twc.texas.gov/programs/wage-and-hour/texas-payday-law

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: My employer made me take a follow up drug test that was observed by a different gender than of myself, the donor

I’m a transgender woman and work for DOT, the testing being administered by HHS protocol

John Michael Frick
John Michael Frick
answered on Dec 6, 2024

In certain circumstances, you have the right to have a person of the same gender (not gender identity) serve as an observer during a drug test. If you fall into one of those circumstances, you--as a transgender woman--would have the right to insist that any observer be of the same gender (male as... View More

1 Answer | Asked in Employment Law for Texas on
Q: My company wants to shift our pay period back a week to give them more time to do payroll. They are not changing the day

My company wants to shift our pay period back a week to give them more time to do payroll. They are not changing the day we are paid on, just where the pay period lands. To do this, they are not paying us for the second week of the pay period and holding it until separation of employment. They have... View More

John Michael Frick
John Michael Frick
answered on Dec 5, 2024

You are absolutely within your rights to refuse to sign.

That being said, you are most likely an employee-at-will and your employer can terminate you without cause for declining to sign. But you will get paid for all time you have worked.

0 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: I made a payment to a title loan company and an employee stole my info and withdrew over $20k from my account. Can I sue

I made the payment for a relative that was delinquent. This employee has charged items using by debit card info and issued electronic checks to withdraw money. Can I sue the company for negligence, identity theft, and violation of consumer laws???

2 Answers | Asked in Arbitration / Mediation Law, Employment Discrimination and Employment Law for Texas on
Q: Can an associate in a law firm give a lawyer in another firm a copy your arbitration deposition transcript 3 years pos

Deposition transcript was never used in arbitration ,case settled during discovery, transcript was shared 3 years later to another lawyer in another arbitration proceeding I was involved in ....it was actually stolen by the associate

John Michael Frick
John Michael Frick
answered on Nov 25, 2024

If the associate was an attorney in the law firm that represented you in the arbitration proceeding, he should not share your deposition transcript without your permission.

If the associate was an attorney in a law firm representing another party in that arbitration proceeding, he can...
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1 Answer | Asked in Employment Law for Texas on
Q: If a given company wants their employees to wear a jacket with their logo on it only, do they have to provide the jacket

I work at a car wash in Texas, this company does not want the logo on our uniforms covered up and wants them always showing. They recently told us that we are not allowed to wear a hoodie underneath our uniforms (long sleeves permitted only). With that, we cannot wear a jacket without the company... View More

John Michael Frick
John Michael Frick
answered on Nov 20, 2024

The employer must either supply the uniform or provide notice to the employee of a third party vendor from which it can be obtained. An employer may deduct the reasonable cost of the uniform as well as cleaning costs from an employee's paycheck as long as doing so does not reduce the... 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.

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

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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