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Texas Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Health Care Law for Texas on
Q: In Texas Can Nurse practitioners see patients, treat and prescribe without a DR present?

Theres a Clinic, the Dr listed on the paperwork does not actually practice in that clinic or near the clinic. Does not even reside within 100miles of this clinic. From what i have read, this is wrong and against Texas Medical Board rules. Is this correct?

John Michael Frick
John Michael Frick
answered on Jan 21, 2025

Yes, in Texas, nurse practitioners can see and treat patients without a doctor being physically present, and can prescribed many medications under delegated authority from a supervising doctor. There are requirements about review patient charts with the supervising doctor and, for certain... View More

1 Answer | Asked in Employment Law for Texas on
Q: My employer has not paid me for 3.5 months. He has not responded to any of my texts or emails inquiring about owed $.

I am not sure what would be the best next steps.

I cannot afford a lawyer yet also cannot afford not being paid.

John Michael Frick
John Michael Frick
answered on Jan 16, 2025

You can file a Wage Claim under the Texas Payday Law with the Texas Workforce Commission:

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

1 Answer | Asked in Employment Law for Texas on
Q: I've been working with a company as an independent contractor for 3 years. But I believe I'm an employee.

Paid directly through zelle

Had a company card

Traveled with them

Travel expenses and perdeim paid. Including flights rentals corporate Housing.

I used tools paid for by them for jobs

Requested time off

John Michael Frick
John Michael Frick
answered on Jan 8, 2025

A worker is an employee if the purchaser of that worker's service has the right to direct or control the worker, both as to the final results and as to the details of when, where, and how the work is done. Control need not actually be exercised; rather, if the service recipient has the right... View More

1 Answer | Asked in Cannabis & Marijuana Law, Consumer Law, Employment Law and Products Liability for Texas on
Q: I accidentally consumed a product with THC and I have a job that does random tests. Should I inform my employer?

I occasionally do legal mushroom edibles but always buy products that do not contain any THC or THC derivatives because my employer does random tests. My smoke shop started selling mushroom vapes so I decided to try one. After using it the effects were reminiscent of marijuana, noticeably different... View More

John Michael Frick
John Michael Frick
answered on Jan 6, 2025

There is no "good" or "right" answer to your question. If you tell your employer that you even accidentally consumed THC under the mistaken impression it was a psychedelic, and your employer has a zero tolerance or drug-free policy, or your job involves the operation of... View More

1 Answer | Asked in Employment Law for Texas on
Q: Is it legal for an employer to not pay out a personal bonus?

Not been paid my personal bonus for 2022 and 2023

-Want to check if I am legally entitled to my personal bonus since this is part of my employee compensation

John Michael Frick
John Michael Frick
answered on Jan 4, 2025

If the bonus is part of your contractually agreed compensation and is not discretionary, you are entitled to payment in accordance with the terms of your contract.

1 Answer | Asked in Contracts and Employment Law for Texas on
Q: Are non compete agreements enforceable in Texas?
John Michael Frick
John Michael Frick
answered on Jan 3, 2025

If they comply with the Covenants Not to Compete Act, yes.

This is a fairly specialized area of practice which our firm handles often. I personally have represented both sides--those trying to enforce a non-compete, and those trying to prevent enforcement. Even if you were to read the...
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1 Answer | Asked in Employment Law for Texas on
Q: Will a non compete affect my ability to move to another company?

Employer is based in NY, I reside in Texas.

John Michael Frick
John Michael Frick
answered on Jan 2, 2025

A non-compete agreement can restrict your ability to move to a different company in Texas. It depends on whether the non-compete agreement itself is legally enforceable under the Covenants Not to Complete Act and whether the work you will be doing for the new company violates the terms of your... View More

1 Answer | Asked in Employment Law for Texas on
Q: Can an employer demote a position and cut salary when they have demoted others and not cut their salary

Currently a director and organization is hinting at a demotion to manager and pay cut. Others have been demoted from director to manager and retained compensation level.

John Michael Frick
John Michael Frick
answered on Dec 31, 2024

Yes, unless the organization and director have agreed otherwise in their employment agreement.

2 Answers | 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

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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.

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.

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