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Texas Employment Discrimination Questions & Answers
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...
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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 »

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Texas on
Q: Hi Carla the EEOC office give this number my situation is hard because they don't payme my bonus and also take my insu

They take my insurance in February and they fired me March and also I thing they.broke the rules and they have alot favoritism I work for 20 uears6

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

It is difficult to understand your question, but if you have been discriminated against in some way you may have a claim. I would need to learn more.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can an employer legally revoke a PTO request, that was previously approved, as a form of punishment for "mistrust"?

I worked remotely and did not inform my manager. This has never been a part of policy or an issue for the 5 years working for this company -- There is still no officially stated policy for doing so. My manager was personally upset I wasn't in the office and that I did not reply to their email... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

This may be a breach of contract. I need to read your contract. Also, I am finding that employers are violating certain laws based on mandated pay polices. I am working on an issue like this now.

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Texas on
Q: Is this age discrimination, or something illegal I have an appointment with HR tomorrow

I just got fired from my city's probation department, I was a county clerk. This is a small town in Texas , the issue is that too many people reconzied me , they essentially fired me because I knew too many probationers, that's her words.. is this age discrimination? The only reason I... Read more »

John Michael Frick
John Michael Frick
answered on Dec 20, 2022

No.

An essential part of an age discrimination claim is that you are age 40 or older.

Your question states you are in your mid-twenties.

3 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: I’m currently experiencing pregnancy discrimination in my employer wants to meet with me can I record the conversation?

I constantly ask for the HR departments information and the GM never wants to give it to me he also doesn’t want to give me email documentation over the investigation he did but he wants to speak with me and I honestly don’t know what to do because I feel like they’re trying to set me up

John Michael Frick
John Michael Frick
answered on Dec 4, 2022

In Texas, it is legal to record a conversation to which you are a party. We are a “one-party consent” state. You do not even need to tell the other party you are recording.

Be sure to state clearly and consistently that, despite your pregnancy, you remain able to perform all of your...
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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: I was convicted of attempted murder in 2009 but employment background checks show a murder charge. Should I sue county?

The background check showing a murder charge instead of attempted murder has made it very difficult to find meanfull employment? Should I sue the county? I was released in 2012 and have notified them of this mistake. It is severely damaging my quality of life.

John Michael Frick
John Michael Frick
answered on Nov 27, 2022

It is pointless to sue the county as it is most likely immune from any civil damages in such a case.

I recommend you obtain certified copies of your indictment, any arrest warrant affidavits, and the order disposing of the criminal charges against you and provide them to any prospective...
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2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Employment Discrimination for Texas on
Q: My criminal history is being used illiegaly to deny me an opportunity for employment to better myself who do it tellntx

I have 6 felonies4 of witch are sexual no convictions or arrests since 2008 no trucking company will touch me and iv had several of them tell me blatantly that I am disqualified from employment for my offenses

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

The EEOC investigates claims of unlawful employment discrimination. It has published a guide on how and when employers may use a job applicant's arrest and conviction record to screen applicants. This guide is focused on when using this information to screen job applicants constitutes... Read more »

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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Texas on
Q: Should I seek legal help for ADA violation? Does constructive discharge apply to my situation due to undue stress?

I submitted an ADA request to my employer. They approved it based on a doctor's recommendation without consulting with me. I did not agree to the accommodation approval as it did not accommodate my situation because I have a special needs newborn in and out of the hospital and I need to be... Read more »

John Michael Frick
John Michael Frick
answered on Nov 22, 2022

Whether an employer has made reasonable accommodations to enable a qualified individual with a disability to perform essential job functions or to have the same privileges as employees without a disability without undue burden on the employer is a fact intensive determination. There is no way of... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I want to know if I have legal case for either undue stress, failure to accommodate, or constructive dismissal?

I submitted an ADA request for a 3 day a week with a part-time schedule to my employer signed by a doctor. I'm a 4x combat veteran and have a special needs newborn so I have to make it to appointments.

The employer received the request and approved 4 days based on my doctors... Read more »

John Michael Frick
John Michael Frick
answered on Nov 17, 2022

There is something missing in the way you have phrased your question.

What you wrote is that you submitted a request for an accommodation with a doctor's signature, and your employer approved it based on your doctor's recommendations.

That is a textbook example of an...
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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: My managers are making it toxic for me to work and trying to force me out by quitting

I have a lot of documentation on situations and incidents stating back in September of 2021 started documenting the beginning of 2022 in regards to retaliation from management and all shapes and forms what can I do is start to become intolerable to work

John Michael Frick
John Michael Frick
answered on Nov 4, 2022

Retaliation is a recognized cause of action in discrimination cases. Maintain a detailed log or diary of your managers’ actions toward you. Then bring it to the lawyer who handled the prior discrimination claim that you think your managers are retaliating against you for. If you can’t bring... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: Are employers allowed to force and administer a Covid 19 test
John Michael Frick
John Michael Frick
answered on Sep 21, 2022

No, but they can make it a condition of continued employment under many circumstances. If such a test is “job related and consistent with business necessity,” the employer can require a COVID-19 test as a condition of continued employment. This is largely being interpreted as meaning will the... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Is it illegal in Texas for an employer to withhold tips from an employee?

I worked part time for a company making the $7.25 minimum hourly wage. The company also had a tip pool on top of their pay, and employees were tipped equally every day. When I quit the job, the manager told me that they were going to withhold my tips from the previous day I had already worked. They... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 20, 2022

This is a tricky situation. Under federal law, employers are generally only required to pay you at least your state's minimum wage for each hour of work you perform. In the service industry, this means your server wage + your tips received must equal a ground total that averages out to an... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: If your employer sold their building and advised to WFH permanently . Can you move state and work from any location?

My employer sold their location to another company. We were advised to WFH permanently with the only condition that we have stable internet. I moved state and been living in TX (2nd home) for over a year with manager knowing the situation. Today, I got let go due to "needed to be within 50... Read more »

Neil Pedersen
Neil Pedersen
answered on Aug 6, 2022

You are going to need to get the guidance you need from a Texas employment law attorney because that is the location where you are working. A California attorney cannot provide you with sound advice for this.

If you were in California, your employer has the right to make the rules, and as...
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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: A local employer rescinded my signed offer letter AFTER I resigned from my previous job. Do I have any legal recourse?

The offer letter contains mine and the employer's signature, the agreed upon salary, and my start date. The director called me and said the person I was replacing changed her mind and wanted her job back. They gave it to her since she was a good and long standing employee. If my current... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on May 17, 2022

While a review of the document you signed would be necessary to answer this question, job offer letters are usually not considered enforceable contracts. As a result, an employer can rescind a job offer for any reason, even if the employee has already signed an offer letter.

1 Answer | Asked in Divorce, Employment Discrimination and Sexual Harassment for Texas on
Q: If I expose my boss/dad for cheating with a coworker and divorcing my mom, will it effect her outcome if he's fired?

My dad is my boss at work. He left my mother for one of our coworkers. She's half his age and has only been there six months. She's made sexual advances at me that I blow off. Well he fell for it. The day after he left my mother I arrived at work and he started bossing me on things to do... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Apr 10, 2022

I would find a new job and leave the drama behind. Your dad sounds like a jerk.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can an employer make employees come to work in a good mood when an employee has mental health issues?

Do I need to discuss my mental health issues with my employer?

Teri A. Walter
Teri A. Walter
answered on Dec 1, 2021

I have no idea how an employer would enforce a requirement to "come to work in a good mood," but they could certainly insist on certain behaviors which might suggest that a person is in a good mood, such as being polite to customers or co-workers, greeting customers at the door, smiling... Read more »

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for Texas on
Q: is it legal for my employer to ask if i've been vaccinated? We have to take a "mandatory" survey

i don't think i should be forced to voluntarily provide medical information

Carrie Dyer
Carrie Dyer
answered on Nov 10, 2021

Yes, nothing prohibits your employer from asking whether you are vaccinated.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can an employer fire a employee for not getting enough Google reviews from customers?

Example, an employee is required to get 10 customer reviews a month. The employee asks 84 customers for reviews but only 6 respond. Is that grounds for termination when the completion of the goal requires a third party participant to follow through?

Carrie Dyer
Carrie Dyer
answered on Oct 20, 2021

Yes. If you are an at-will employee, your employer can terminate you for any reason or no reason, even if it is unfair. Unless you have an employment contract stating otherwise, your employer can terminate you for failing to get the requisite number of customer reviews - even though the goal is... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: In January I filed an EEOC complaint against my employer. In September, I was terminated. Do I have a legal recourse?

I had no progressive discipline and the only reason I was given was a loss of confidence.

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 19, 2021

More information is needed here. However, filing an EEOC charge against your employer is called a "protected activity," meaning you cannot be retaliated against based on your choice to file the charge. If, after you filed your charge, you noticed your employer started treating you... Read more »

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