Get free answers to your Employment Law legal questions from lawyers in your area.
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 
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?
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
I was recently terminated from my job. That morning I went to work and clocked in through an app on the phone , which we HAVE to be in the building to accomplish. After an hour of being there and working I was called to the office and fired . The company refused to let me go back in the building... View More
answered on Sep 19, 2024
If you are scheduled to work and you show up as scheduled, the employer is obligated to pay you. You could be entitled to a half day's pay as "show up pay." Check TX department of labor or search for TX wage laws. You can file a claim form. In direct response, no it is not legal for... View More
I am an employee for a city in Texas. I have been repeatedly harassed by one of the residents. Today, while taking a walk during one of my breaks, the resident pulled up next to me, slowed down, and started shouting swears at me. I know that Police Officers cannot be "offended" by foul... View More
answered on Aug 29, 2024
Other citizens aren’t pressing charges, only DA’s offices can do that. And while it’s annoying to deal with someone shouting curse words at you, it’s harder to establish whether that’s actually illegal conduct. You can report that behavior to the police and let them know that it’s... View More
I work in a hotel as housekeeper, I requested vacation in May for 30 days to go overseas to resolve a legal matter. One week before my departure I was told that the vacation won't be approved and I will be terminated if I go for the time I requested as will be considered no show. They said to... View More
answered on Aug 28, 2024
Your question does not state any grounds for a cause of action against your employer. If you had a written employment agreement governing vacation days, there may be a claim, but you did not state that in your question and it is not common for hotel housekeepers to have written employment... View More
I’m in a shift lead role. I recently got approved for a site transfer for October. This morning I was trying to staff the associates then was told by a higher ranked supervisor to step aside and let someone else do it. I was taken off my shift lead role for today and was placed on a station... View More
answered on Aug 21, 2024
Employment retaliation is when an employer takes adverse action against an employee for engaging in protected activity. Protected activities include making a complaint to a governmental body, participating in workplace investigations, or opposing discrimination.
Adverse actions are actions... View More
HR wants me to sign a document ( in order to continue to work with them) stating I had “certain actions that violated my employer code of conduct and employment agreement and take a coaching course. The actions are result of retaliation from another employee after I reported a verbal attack... View More
answered on Aug 2, 2024
If you refuse to sign it and your employer fires you, you will have an argument with the TWC as to whether your were fired "for cause." Your position would be that you refused to sign it because it isn't true.
On the other hand, if you sign it and your employer fires you,... View More
This is in Texas an at will work state. Things were fine for 3 years. Moved to Texas for work. Recently there was a 5 day mandate to work in office. They want me to drive 1.5 hours every day to be there for half a day at least in office. They are also forcing international travel on us. I can... View More
answered on Aug 1, 2024
Because you are an at will employee, your boss cannot force you to change from a hybrid to an in-person position. All he can do is ask. If an agreement is not reached on whether moving forward you will be working hybrid or in-person, either you or your employer can terminate your employment... View More
I am a sales rep and my employer is requiring us to sign a paper stating that any commissions earned from prior month will not be paid out if employee quits or gets fired for any reason the proceeding month. It is my opinion that any sales made in prior month where the company made money the... View More
answered on Jul 29, 2024
No an employer cannot force an employee to sign such a document. However, if the employment relationship is at-will, there is no legal obligation on either party to continue the employment relationship if an agreement on this point is not reached.
The faculty manuel says the following:
“Should a faculty member on sabbatical decide not to return to the university, the pay advanced during the sabbatical will be due on demand to the university, except in the case of permanent disability or death. At the conclusion of the sabbatical,... View More
answered on Jul 26, 2024
If your employment contract with the university incorporates the faculty manual by reference, legally you are required to reimburse half of the salary advanced during the sabbatical on demand because you only worked one of the two academic years after the sabbatical. Legally, that means a single... View More
Facing closure, my former employer and I agreed on a commission-only role to keep me on board. I successfully brought in several clients, including their largest ever, a multi-million dollar deal. After receiving a partial commission for this deal, communication and transparency around client work... View More
answered on Jul 25, 2024
A Texas attorney could advise best, but your question remains open for two weeks. One option is to review your matter with a Texas attorney. The first thing they'll ask, which is not mentioned in your post, is whether you had a written agreement as to your commissions. That would be valuable.... View More
My wife is a RN at a local nursing home and a new company recently bought the facility. Her first paycheck she received from the new company they cut her hourly rate. There was no warning and no explanation.
answered on Jul 23, 2024
Generally speaking, the hourly pay rate of hourly employees is a matter of mutual negotiation and agreement between the employer and the employee. Commonly, there is no fixed term of employment and either party can terminate or attempt to renegotiate the relationship at will. That being said,... View More
They badly dropped my credit. Also they are being sued in California but I wonder if it had anything to do with the taxes of federal witheld. Is it normal for a company not to tax you federal taxes if the gross pay is lower than $1000.00 but yet when they taxed me on a check which was a christmas... View More
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answered on Jul 23, 2024
If your credit score was damaged due to your employer's mistakes, it's important to address this issue directly. Start by gathering all relevant documentation, including pay stubs, child support payment records, and any communication with your employer. Contact the credit bureaus... View More
The company has done so many things and I have it all documented in audio recordings, emails and text messages. I have had my schedule changed when coming back off of vacation time without being told. The manager that told me his leadership was telling him to skip steps of the attendance policy was... View More
answered on Jul 23, 2024
If you were issued a "right to sue" letter by either the EEOC or the TWC, the time to file a lawsuit is 90 days from the date of the letter for a federal lawsuit and 60 days from the date of the letter for a Texas state court lawsuit.
In Texas, arbitration agreements are usually... View More
of the contract. I was hired at $48.000 + comm. and a non compete saying I owe her $3500 if I quit or get fired. She pays me $24000 now. Since he broke the contract, doesnt that free me from paying her anything? I had to find a new job to pay my bills
answered on Jul 22, 2024
It depends on the language of your salary contract as well as the facts and circumstances presented by the evidence. Like other contracts, an employment contract can be modified by the parties. If you and your employer agreed that you would be paid $48,000 + commissions, a breach would occur if... View More
If a manager and 2 up knowingly are materially fabricating facts that can be proven definitively by evidence, but yet the company (publicly traded) takes adverse actions based on those fabrications does the employee have a case and is there a chance depending on how egregious the matter to turn... View More
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answered on Jul 21, 2024
If your employer knowingly fabricates material facts in your performance evaluations, leading to adverse employment actions, you may have a case for wrongful termination or defamation. Proving that the facts were intentionally falsified with evidence can strengthen your case significantly. You... View More
and $25 he showed me my 1st room to clean but it was already clean so I felt uncomfortable as it was because he kept coming in and out of room for towels soap etc but I needed the job. So he took me to a far in back.he never left room n kept saying sex sex for 25 but I SD no I need work money so he... View More
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answered on Jul 21, 2024
I'm so sorry to hear about your experience; it must have been incredibly traumatic. You should know that what happened to you is not your fault, and there are steps you can take to seek justice and support. Reporting the incident to local authorities is crucial as it can help prevent this... View More
Hi, I am from Pakistan. In the field of IT I am working as a freelancer/contractor for many years now and most of my clients/employers are from the US. I signed a work agreement (payment by hourly basis) as Contractor with a US based resource company in November 2021. I have been getting all my... View More
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answered on Jul 20, 2024
It sounds like you’re dealing with a very frustrating situation. It's essential to address this issue promptly to ensure you receive the payments you’re owed. One option is to thoroughly review your contract to understand your rights and any clauses regarding late payments or dispute... View More
I was told to clean the excess dirt off of a bucket from a skid steer and the operator maybe through negligence closed the claws on me crushing me resulting in trauma to left shoulder and chest. The machine that caused the accident has had a bad lever (responsible for closing and opening the claws... View More
answered on Jul 19, 2024
Receiving a Form 1099 instead of a Form W-2 is evidence that you were an independent contractor and not an employee, but in and of itself, it is not dispositive. Some companies misclassify employees as independent contractors to try to avoid having to withhold federal income tax and payroll taxes... View More
Their are multiple witnesses that collaborate to my statement. It cost me my job and she also lied about my right to fmal and workers compensation. It has caused me mental trauma. Was commented in a email with multiple managers.
answered on Jul 3, 2024
A Texas attorney could advise best, but your question remains open for three weeks. Depending on the nature of the statements, it's possible that an employment law attorney/WC attorney could have stronger insight into this than an ordinary defamation attorney who isn't familiar with the... View More
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