
answered on Sep 13, 2023
Failing to truthfully disclose information when applying for a job often results in employment being terminated. If what the employer is saying is true, you may not be entitled to unemployment compensation as a consequence of your deception.
charged with and later dismissed due to lack of evidence
3rd degree felony with terroristic threats
event occurred in 2019, statue of limitations apply.
event occurred in a PRIVATE PROPERTY
event did NOT take place: caused impairment or interruption of public... View More

answered on Aug 16, 2023
It seems the correct cause of action for your particular facts would be a lawsuit for malicious prosecution. In order to prevail, you will need to show the following:
1. A criminal prosecution was commenced against you
2. The defendant initiated or procured the prosecution... View More
I was working for contract company in a nursing home. The administrator and nursing directors of the facility sent intimidating messages through my director to me because they didn’t like my required reporting of changes in patient conditions, which I am legally, ethically, and morally obligated... View More

answered on Jul 26, 2023
Since you were laid off, and not fired for cause, you have standing to collect unemployment benefits from your former employer. You can apply for such benefits online through the Texas Workforce Commission website and most likely will not require the services of a lawyer.
The company where I work has this problematic person with more than 20 complaints. She is white and very problematic, very calculated but also has bipolar mental problems. She has made the work a toxic environment unbearable for everyone who has to be walking on eggshells, not to offend that... View More

answered on Jul 26, 2023
You describe a toxic environment, but you do not say what is toxic about it. Does this employee you specifically describe say things to you and other employees based on your race or heritage? Or is she perhaps difficult to predict because of her bipolar symptoms? To claim a hostile work environment... View More
The company where I work has this problematic person with more than 20 complaints. She is white and very problematic, very calculated but also has bipolar mental problems. She has made the work a toxic environment unbearable for everyone who has to be walking on eggshells, not to offend that... View More

answered on Jul 20, 2023
You can file a formal complaint against your co-worker with your employer. You should be as detailed and specific as possible if you genuinely want action to be taken. I recommend not saying anything about her having "bipolar mental problems" to avoid raising any red flags about... View More
I am 47 and in Texas. Is it Legal for potential employers to ask for all this information?

answered on Jun 12, 2023
It is unwise to ask such questions on a job application because it can generally be assumed that information requested on a job application will be part of the basis for making an employment decision, and discrimination on the basis of race, sex, and age is unlawful. It is not illegal per se, but... View More
Court when you're with a union. Judge said it was part of railroad act... Please help. Can the case be filed within the two year mark

answered on Jun 5, 2023
Your submission raises a complex question as to whether your claim under the ADA is preempted by the RLA or by the terms of your union’s collective bargaining agreement with your employer.
See https://www.thefreelibrary.com/Protecting+railroad+workers+with+the+ADA.-a016995247... View More
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... View More

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... View More
I received an email of me being terminated from my employer due to being pregnant. I filed a charge with EEOC.

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... View More
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

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... View More
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.

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... View More
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

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... View More
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

answered on Nov 23, 2022
Although you cannot expunge or non-disclose felony convictions, you should contact an attorney to review your criminal history with you and determine if there is anything that can be done to clean up your record. However, if I am reading your question correctly and you have 4 convictions for... View More
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... View More

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... View More
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... View More

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... View More
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

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... View More

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... View More

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... View More
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... View More

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... View More
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... View More

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... View More
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