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Texas Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Texas on
Q: As a salaried manager my hours are being docked for lunches I don't take is this legal?

I am a salaried manager for a retailer. We are required to work 48 hours each week but our company automatically takes out an hour for breaks each day worked. Even if you do not take break since we are salaried. Realistically I work 55 hours a week because of this but am paid for 48.

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

Your employer can compel you to take your hour long lunch break by denying compensation if you refuse to take it.

Your best strategy in this situation is to take your hour long lunch break offsite from your workplace.

1 Answer | Asked in Employment Law for Texas on
Q: I work in Texas I am currently on my two week notice and wondering if I get my 15 days of pto paid out to me?

I don’t see anywhere a mention of what happens to pto when separation occurs between me and employer

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 24, 2023

There are no laws that require that earned but unused PTO be paid out to the employee upon separation. However, there are other ways that you can potentially recover this earned-but-unused PTO, such as if your employee handbook states you will receive it upon separation. If you don't have an... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Do i have a case? My employer fired me because of "job abandonement" but I was in the hospital and notified them of such

So i worked for a job for threee weeks and always struggle with mental health atou d christmas. I endes up in the mental hospital for a suicide attempt and was in the hospital and told my employer i would be. When i came back they said since i didnt update them they considered it "abandonmetn... Read more »

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

I am working on a case similar to this right now. There may be steps you can take. I need to learn a little 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 Law for Texas on
Q: Can my employer withhold pay due to company equipment not being shipped by a certain date?

They’ve threatened to do this to me. I’m based in Texas. The company is headquartered in Virginia.

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

I need to review your contract to provide you with an answer.

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.

2 Answers | Asked in Contracts and Employment Law for Texas on
Q: I’m in Texas, My contract has an “at will” (8week notice required) clause, is this absolutely enforceable if I quit?

Live in Texas, but work remotely for the company which is based in Detroit, Michigan. They gave me a retention bonus through July, which I have to pay back whether they terminate me or I resign. But, this 8-week notice requirement is next to the “at-will employment” term, so is this enforceable... Read more »

John Michael Frick
John Michael Frick
answered on Jan 8, 2023

It’s not illegal per se, but I’m curious what damages your employer can seek if you depart early. Maybe forfeiture of accrued but unused PTO?

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2 Answers | Asked in Employment Law for Texas on
Q: Can My Employer Reduce My Wages for Quitting Without Notice?

As an at will employee, I had to immediately resign my position with my former company. I was unable to give any notice. The company is now telling me that my pay for the last two weeks worked will be at minimum wage instead of my regular pay rate (this is a pay cut of roughly half). They said this... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 4, 2023

Generally yes. Federal laws typically only protect against minimum wage and overtime violations, so while this policy resulted in a substantial pay cut to you, it doesn't violate any wage laws.

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1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Texas on
Q: Fired using false civil charge & denied due process-14th Amndmt?Is this like Gideon v Wainwright for Automatic Lawyer?
John Michael Frick
John Michael Frick
answered on Dec 28, 2022

Gideon v. Wainwright holds that an indigent defendant accused of a serious crime has the right to a court-appointed attorney at the state's expense.

The right of an indigent person to a court-appointed attorney at the state's expense in a civil case is much more narrow....
Read more »

2 Answers | Asked in Insurance Bad Faith and Employment Law for Texas on
Q: After denial, Sedgwick isn’t responding to written reqs for Copies of Claim Files OR the STD Policy, what can I do?

Fortune 100 employer, ERISA policy. Sent written requests to Sedgwick 3x, 1st was 11/22. Will not return my calls. Employer states Sedgwick provides copy of policy/Summary Plan. Sedgwick advised STD policy exhausted from previous unrelated LOA; apply for LTD via Lincoln. Without policy & files,... Read more »

Damon Miller
Damon Miller
answered on Dec 28, 2022

Under ERISA, the plan administrator (usually your employer) is required to provide plan documents to you within 30 days of your request. With both your employer and the insurance company refusing to provide you anything, you may need to get an attorney involved. Feel free to contact my office and... Read more »

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1 Answer | Asked in Employment Law for Texas on
Q: Is My Signed Non-Exempt Employment Agreement Enforceable?

I just started working for a company and after one day of work, they then had me sign a Non-Exempt Employment Agreement. This agreement touches on certain bullet points such as performance review conductions, non-compete, hour rate etc.

My question concerns the very first bullet point... Read more »

John Michael Frick
John Michael Frick
answered on Dec 28, 2022

It sounds like a typo to me. That’s probably an annual salary.

I’d bring the amount to the attention of the HR dept or person and ask for clarification. I don’t think a reasonable person would rely on that as an actual hourly pay rate without such clarification.

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.

1 Answer | Asked in Employment Law for Texas on
Q: I was offered a job by HEB but was told I couldn't use my passport for the I-9 section. Is this legal?
John Michael Frick
John Michael Frick
answered on Dec 19, 2022

A current US passport or passport card may be used as an acceptable List A document for a Form I-9

2 Answers | Asked in Employment Law for Texas on
Q: My car broke down while on the job running an errand for the company, does the company have to pay the mechanic bill?
John Michael Frick
John Michael Frick
answered on Dec 12, 2022

It depends on your agreement with your employer.

And if you don’t have an agreement with your employer and are using your car on company for company, both you and your employer are playing with fire.

Your employer could be held liable if you have a collision under the legal...
Read more »

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1 Answer | Asked in Employment Law and Business Law for Texas on
Q: I am night auditor at a hotel. Our books off my ten percent everyday. I think this might be swept underneath the rug.

Am I liable? I'm pretty won't care. I live in south Texas and even large corporations have Mexican accounting standards.

Jaime Victor Papa
Jaime Victor Papa
answered on Dec 12, 2022

Yes, this is likely an issue. I will need to learn more about the situation to provide you with legal advice.

1 Answer | Asked in Employment Law for Texas on
Q: I am a full-time salaried employee. My company does not offer sick days. Sick days and personal days are lumped PTO.

I have used all PTO hours for 2022. PTO hours will be renewed 1/1/23. My boss deliberately came to work sick after returning from Disney World. Admittedly, sick for over a week without socially distancing, in fact, standing over my shoulder in my office. On 12/6/22 I woke up sick. I notified my... Read more »

John Michael Frick
John Michael Frick
answered on Dec 9, 2022

You can threaten to quit your job unless your employer pays you for the three hours you missed.

Like most US states in most occupations, Texas has a rule called “employment at will.”

That rule allows you to leave your employment for almost any reason. This would be a reason....
Read more »

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...
Read more »

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1 Answer | Asked in Contracts, Employment Law, Tax Law and Landlord - Tenant for Texas on
Q: Employment offer letter states housing provided at (blank) property. No details, what is or isn’t allowed?

Housing provided = 2 bed, one couch bed rv camper trailer. Details of said housing were not outlined in employment contract/offer letter. We are now purchasing a mobile home (larger/more permanent adequate). Company owner is allowing placement on the property. We do not pay rent, but portion of... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Nov 30, 2022

I would need to reach the contract to determine if there is a breach.

1 Answer | Asked in Consumer Law, Criminal Law and Employment Law for Texas on
Q: Is a store employee aloud to put there hands on me if I did nothing wrong as in I didn't steal anything
John Michael Frick
John Michael Frick
answered on Nov 28, 2022

“Putting their hands on you” is a broad term. Generally speaking, it is not illegal to physically touch another person. On the other hand, intentionally assaulting or offensively touching someone (eg punching, slapping, kicking, clawing, forcefully shoving, etc) might be a crime depending... Read more »

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...
Read more »

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