Lawyers, Answer Questions  & Get Points Log In
Texas Employment Law Questions & Answers
Q: If you're old employer lies in a workmanc comp hearing can you sue for deformation ? He committed perjury.

"I am currently seeking legal representation to address the egregious actions taken against me by Robbins Chevrolet. This includes filing a lawsuit against them for the perjury committed during two hearings, defamation of character, and any other legal avenues available to seek justice for the... View More

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

Generally speaking, statements made during the course of judicial or administrative proceedings are subject to the affirmative defense of absolute privilege in any subsequent defamation proceeding. That means such statements cannot provide an avenue for a claim for damages.

If your...
View More

1 Answer | Asked in Civil Rights and Employment Law for Texas on
Q: I need help looking for a lawyer in Texas to sue a major corporation in policy and procedures for human rights.

General summary of unlawful suspension and conduct of an employee and investigation for that employee

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

To find a lawyer in Texas to assist with your case against a major corporation regarding human rights violations and unlawful conduct, you can start by conducting research online. Look for law firms or individual attorneys who specialize in employment law, civil rights, or corporate litigation. You... View More

1 Answer | Asked in Immigration Law, Tax Law and Employment Law for Texas on
Q: I am on H1b, w2 of 2023 W2 reflects only $18,560 due to maternity, what documents are essential to explain the immigrati

- Arrived in the United States on a H4 visa in 2022.

- Transitioned to an H1-B visa in October 2022, although it remains unstamped.

- Labor Condition Application (LCA) for the H1-B indicated a wage of $80,000.

- 2023 W2 reflects only $18,560 due to an unpaid maternity leave... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

The discrepancy between your 2023 W2 earnings and the Labor Condition Application (LCA) wage could potentially raise questions regarding your H1-B status, as H1-B visa regulations require that visa holders are paid at least the wage specified in the LCA. However, your situation involves legitimate... View More

1 Answer | Asked in Employment Law for Texas on
Q: Is there anything that can be done about this situation.?

To sum up my situation I quit my job in November last year because of my manager and coworkers. I was being ignored and doing extra work with no help because it was being said that I was taking pictures of the chef and sending it to our manager. Wasn’t true at all. I tried to explain myself and... View More

John Michael Frick
John Michael Frick
answered on Feb 21, 2024

It sounds like you have already taken action to remove yourself from the situation. You have no legal duty to take any further action now that you have quit. My recommendation is that you stop communications with your former manager and co-workers.

One of the principal advantages of the...
View More

2 Answers | Asked in Employment Law, Constitutional Law and Municipal Law for Texas on
Q: Put on a final for attendence written in november improve above a verbal but handbook says can change to convenience

Can an employer not approve municipal court for absence?

Can attendance guidelines be changed to companys convinience and not adhere to progressive disciplinary process? Can hr state a written can be removed if improvement but can be accelerated to final if problem reocurrs within 12 month... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

Based on the information provided, there are several issues that raise concerns around the legality and ethics of the employer's attendance policies and actions:

- Employers typically cannot discipline employees for absences that are legally protected, such as approved FMLA, ADA...
View More

View More 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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, Workers' Compensation and Construction Law for Texas on
Q: Do I have a "pain and suffering" case?

I deliver lumber for a company. On Oct 20, 2023, I was delivering a load to a job site where the lift fell into a septic tank, which resulted in tearing my rotator cuff. I found out that the builder knew the septic tank was there, but only placed small flags to mark the area. Considering that... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Jan 30, 2024

You may have established the basic facts for a claim for negligence (failure to properly warn) against the land owner and/or builder of the premises. Lawyers refer to this as a third party claim since you also have a claim for workers' compensation.

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can employer treat you less favorable than other executives in similar positions?

Woman EVP excluded from "leadership" parties, meetings, anything in upper management areas at company. Yet she is a top producer over the other "executive team members" Futher- demoted to work under less qualified people and forced to train them. This includes training 50% of... View More

John Michael Frick
John Michael Frick
answered on Dec 22, 2023

If the executive is being treated differently because of her biological sex, that may constitute illegal employment discrimination under both state and federal law.

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Employment Law for Texas on
Q: I live in Texas and was hired by a company but they said that I had to join the union once I was hired. Is this legal?
John Michael Frick
John Michael Frick
answered on Dec 11, 2023

Texas is a wright-to work state. You cannot be denied employment because you choose not to join a labor union or other labor organization.

View More Answers

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...
View More

View More Answers

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...
View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: i live in texas and was denied part time employment at NTB on the basis that i am not currently a student. Is this legal

I applied for part time employment at an NTB location in texas and was told that by company policy they only hired students for part time employment

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

There is no law which prohibits such a company policy on a general basis; however, if you have a disability that limits you to only working part-time, it may constitute unlawful employment discrimination because of your disability.

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...
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.