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Texas Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Contracts and Tax Law for Texas on
Q: Can employer go back on commitment in writing on issuing W-2c ?

An individual worked respite hours taking care of elderly in 2020 but insurance company did not pay for hours worked. in 2021, insurance company agreed to pay for hours worked in 2020. By this time, individual was enrolled in school full time and had a financial aid package and grants in place.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

You should contact a local employment law or tax law attorney to help you. This BB is not for providing specific legal information for you to deal with a particular claim. Search for a local attorney on this issue here on Justia.

3 Answers | Asked in Employment Law and Immigration Law for Texas on
Q: Is working remotely for a foreign country considered unauthorized employment without a valid working visa?

I live within the US and am in the process of adjustment of status

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 11, 2021

100% is it unauthorized employment in the US.

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1 Answer | Asked in Employment Law, Family Law, Business Law and Employment Discrimination for Texas on
Q: How to enforce or compel the texas subpoena that was served according to § 24-13-112 . Should I file compel in TX or GA?

How to enforce or compel the texas subpoena that was served according to § 24-13-112 . Should I file compel in TX or GA?

Should I motion to compel in GA along woth motion to transfer to texas court? Bcoz case is pending in Texas court.

Teri A. Walter
Teri A. Walter answered on Aug 31, 2021

If the case is pending in Texas, then presumably there's no case in Georgia in which to file a motion to compel.

1 Answer | Asked in Employment Law for Texas on
Q: Can my employeer fire me if I recuse to get the covid19 vaccine
Teri A. Walter
Teri A. Walter answered on Aug 24, 2021

At present, the answer appears to be yes.

1 Answer | Asked in Employment Law for Texas on
Q: Can I change the "at-will" contract with my employer to "for cause" when I go to work for him/her?

How can I change an "at-will" contract with my employer

to give me more job security if there are any disciplinary actions brought upon me?

Niran Grimberg
Niran Grimberg answered on Aug 22, 2021

Being employed at-will means that you or your employer can terminate the employment relationship for no reason or for any reason, albeit a legal one. However, in order to obtain an employment contract, that is likely something you would have to request from the employer, given that both sides would... Read more »

2 Answers | Asked in Criminal Law and Employment Law for Texas on
Q: In Tx how long does assault on family misdemeanor stay on record for employers.

I thought it was 7 years but that was in 2013 and I just applied for a job (2021) and it came out on my record and I was not accepted. Is the 7years after found guilty date or after the 5 years probation was completed?

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 20, 2021

Criminal records never expire. If the employer does a criminal background check then it will show up forever. The seven-year rule is about CONSUMER records so that is stuff like your credit report and liens. Some consumer reports also include criminal information, so those might only show 7... Read more »

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1 Answer | Asked in Arbitration / Mediation Law and Employment Law for Texas on
Q: 1. If employer forces arbitration agreement for employment, can they threaten to take legal action in employee handbook?

I was questioned by HHS at our facility there investigating a report, anonymously made of neglect. I confirmed and reported other things that I knew about.

I took a lunch break and was suspended when I returned. Terminated 3 days later

They had the DRP in my suspension letter.... Read more »

David H. Relkin
David H. Relkin answered on Aug 18, 2021

Their actions, as you describe them are odious. Yes, they are bound by the written agreement which, as you say (I believe) provides for arbitration. In addition, there may be legal impropriety in their obtaining knowledge of the HHS report.

If you like I can review the agreement for...
Read more »

1 Answer | Asked in Employment Law for Texas on
Q: I was hired on the spot for a job. Worked 6 hours. Management said they would do my paper work after they closed.

They never did. Told me to go home send them copy of my id and ss# via Facebook messager. I did. Never hear back. I call get run a round. Says management is busy. Not in. Will call me later. 5 days now. Still no reply. What can i do?

Daniel Elijah Vargas
Daniel Elijah Vargas answered on Jul 26, 2021

Unfortunately, Texas is an at-will employment state. That means they can hire and subsequently fire you at will. No reason needs to be given. If you worked, they do need to pay you for your work. If you feel like you have been discriminated against in any way, contact an employment law... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: I was terminated, while 7 months pregnant, without cause. What are my options?

I am an apartment manager. I have never received any written or verbal corrective action. I have never given cause to be fired. The owners came by today and told me they were moving in a different direction with a new manager. I have been with this property for 2 years and the new company took over... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 20, 2021

Additional information is necessary to analyze your situation. However, it sounds like you may have a claim for pregnancy discrimination under the Pregnancy Discrimination Act, a federal statute that prohibits sex discrimination on the basis of pregnancy. You should contact an attorney in your... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Can an employer, deduct the cost of a drug test a a physical from your paycheck, because you left the company?

Can the employer deduct from your paycheck if you leave the company after certain days of working ?

Rhiannon Herbert
Rhiannon Herbert answered on Jul 13, 2021

While this situation sounds unfair, employers are generally only required to pay you at least your state's minimum wage per hour for each hour you worked. Thus, as long as the deduction for these tests does not bring the total average amount of money you earned per hour below your state's... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: I signed a binding arbitration agreement as a condition of employment. Can I revoke it now for any future controversy?

I understand I am bound by the agreement for any dispute or controversy arising between the time I signed it and the time I revoke it. I'm an at-will employee, so I also understand that my employer may take action up to and including termination if I successfully revoke it. However, I... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jul 7, 2021

A party to a contract generally cannot unilaterally revoke the contract. You can ask your employer to release you from the arbitration clause of the current agreement (and you will likely need to obtain a separate document, signed by both parties, agreeing to this) but your employer need not agree... Read more »

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for Texas on
Q: Can I as a private club employee be fined or face punishment for knowingly selling alcohol or liquor to a non-member(s)?

I've been routinely facing backlash and scrutiny for trying to enforce the temporary membership rules. I feel like I'll lose my job if I make people pay for them.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 29, 2021

Your boss should back you up on requiring the membership because if you are caught selling to non-members then the entire club's permit could be suspended for 60 days for operating as an "open saloon."

Also, helping someone violate the private club rules is a crime under...
Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Do I have a lawsuit?

I was terminated from my job. I was told I was fired due to absences that pertained to my mental health. I was told they didnt want someone working for them that had mental health problems. I was also never offered COBRA insurance and my insurance was canceled 12 days after termination. I was... Read more »

Carrie Dyer
Carrie Dyer answered on Jun 8, 2021

You may have a claim under the Americans with Disabilities Act. If your employer has at least 50 employees in a 75 mile radius, and you have worked there for at least 12 months, for a total of at least 1250 hours, you may also have a claim under the Family Medical Leave Act. You should reach out... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: If laid off due to covid 19, am I legally entitled to unemployment?

School Principal laid off due to Covid. No reasonable assurance given to return to job.

Kyle Anderson
Kyle Anderson answered on Jun 2, 2021

Whether you are entitled to it is one question, but I would recommend applying regardless. If you have specific questions about unemployment, I would reach out to an unemployment law attorney in your state.

1 Answer | Asked in Employment Law for Texas on
Q: My employer assumes I wrote a glassdoor review and sent me a cease and disest. what can I do?

I have never received a copy of my employee agreement, they are saying that I cannot write a review based on the severance agreement having a "nondispargement" clause. The review is anonymous and is NOT defamtation.

Carrie Dyer
Carrie Dyer answered on May 25, 2021

Disparagement and defamation are not the same thing. You could post something anonymously, without defaming the company, but your comment could still be disparaging. If you signed a severance agreement containing a non-disparagement clause, then wrote an online disparaging review, the company... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can an employer make you get a covid vaccine for employment consideration? Sounds discriminatory to me.
Rhiannon Herbert
Rhiannon Herbert answered on May 18, 2021

Generally, the answer to this question is yes. However, there are two exceptions to this general rule. If you have a religious objection to receiving the vaccine, or if you suffer from a disability that renders you unable to receive the vaccine, you can request an exemption from this requirement as... Read more »

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1 Answer | Asked in Contracts and Employment Law for Texas on
Q: Can my rate as a contractor be reduced in the middle of the contract?

I signed an employment contract with this company last July that runs through July 2021. Yesterday out of the blue i got a docusign from the company with a retroactive lower rate that what i signed for last July, so i asked for explanation and below is the response i got. Any advise on what i can... Read more »

Carrie Dyer
Carrie Dyer answered on May 5, 2021

Whether you have a claim depends on the language in your employment contract. Did the contract guarantee you a certain rate of pay through July 2021, or did the contract allow the employer to change your compensation in its discretion? You should contact an employment attorney in your area to seek... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Texas on
Q: What can be done in this situation?

My brother in law works for a landscaping company. His boss forced him to go up in a tree near a power line in strong wind and he got electrocuted and fell 14 feet. Before going up, he showed his boss what was happening and made sure the hazards were known because they don't have any... Read more »

Daniel John Christensen
Daniel John Christensen answered on Apr 29, 2021

Yes, the employee has a claim against his boss, assuming his boss is not a subscriber to worker’s compensation insurance. The person should contact a Board Certified Personal Injury Attorney as soon as possible for a free consultation.

1 Answer | Asked in Employment Law for Texas on
Q: Hello, I am being offered a job by a company based in Wisconsin - its remote opportunity while I am based in Texas.

They have an open ended non compete and non solicitation for 1 year w.r.t the parent company (not the division employing me). The offer says that its based on Laws of Wisconsin and USA.

Kyle Anderson
Kyle Anderson answered on Apr 21, 2021

Hello, I am not sure what your question is. If you are wondering who to have look over your non-compete, I would reach out to an employment law attorney in Wisconsin because that is the the state which governs the agreement.

1 Answer | Asked in Employment Law for Texas on
Q: I was harassed repeatedly by my employer. After I involved our HR department I was terminated. Do I have any rights?

The same person who has repeatedly harassed me does the same to other employees. Some of the employees have left the company and others are still employed there. HR and Management are aware of this Persons bad behavior and does nothing to stop it.

Carrie Dyer
Carrie Dyer answered on Apr 21, 2021

Unless the harassment is based on your status in a protected class (i.e., gender, race, ethnicity, disability, etc.), there is no legal recourse for your termination. If you were subjected to harassment based on your status in a protected class, and you were terminated after complaining to HR... Read more »

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