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Texas Employment Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Texas on
Q: I was sexually harrased at 1st day of work I rented a room for a week and a half so he offered work for room and board

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

James L. Arrasmith
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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

1 Answer | Asked in Contracts, Employment Law, Arbitration / Mediation Law and International Law for Texas on
Q: I am freelancer from Pakistan, working for a US firm. Employer is delaying my payments.

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

James L. Arrasmith
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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

1 Answer | Asked in Personal Injury, Workers' Compensation and Employment Law for Texas on
Q: I was injured at work by the skid steer operate with a faulty lever that was not fixed by the employer.

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

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Libel & Slander and Employment Law for Texas on
Q: Can I sue an hr personnel that wrote a false intentional negligent statement in a email correspondence for defamation.

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.

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Employment Law for Texas on
Q: Is the owner of a subway franchise in Texas allowed to charge me $200 for failing a state inspection?

They just informed me today they will be deducting $200 from my paycheck in 2 days.

John Michael Frick
John Michael Frick
answered on Jul 2, 2024

It depends on your employment agreement. In Texas, an employer may not make deductions from an employee's paycheck unilaterally for anything other than federal income tax, social security, and Medicaid/Medicare.

If you signed an agreement authorizing your employer to deduct fines...
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1 Answer | Asked in Employment Law for Texas on
Q: Reading a new job contract: there's a “$500 per day” penalty for not giving a 30-day notice. Can a job do this?

I am a nurse practitioner, and this was in my new job contract. This is my first time seeing something like this. So I was curious if companies can do this.

John Michael Frick
John Michael Frick
answered on Jul 2, 2024

Most of the time, people can enter into a contract on any terms that are mutually agreeable unless they are illegal. Penalty clauses like this may be void as against public policy if they are excessive and not a reasonable forecast of the damages a party will sustain from a breach of the... View More

1 Answer | Asked in Employment Law, Personal Injury, Employment Discrimination and Libel & Slander for Texas on
Q: A year ago, I discovered my boss was spreading lies to fire/bully me out of my job.

My boss tried to fire me by spreading false rumors that I was threatening and bullying coworkers. She falsely claimed in a group chat with other managers that I was a gangster and mentally unstable. The store HR representative accused me of being a warlock/witch who casts spells. After discovering... View More

John Michael Frick
John Michael Frick
answered on Jun 28, 2024

Employment discrimination requires proof that your employer took adverse employment action against you based upon an unlawful reason such as your race, color, nationality, ethnicity, sex, age, disability, religion, or pregnancy. Your employer can lawfully take adverse employment against you based... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Texas on
Q: Received non compete letter but it was blank. Only signed by owner and not me. Dated 2018 but I was hired in 2017
James L. Arrasmith
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answered on Jun 21, 2024

This is an interesting situation involving a non-compete agreement. Let's break down the key issues:

1. Blank non-compete letter: The fact that the letter was blank is highly unusual. A non-compete agreement typically contains specific terms and conditions.

2. Only signed by...
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2 Answers | Asked in Criminal Law, Employment Law, Internet Law and Stockbroker Fraud for Texas on
Q: Got online job, it paid with crypto but started asking for $ to make more, now will not return funds, what should I do?

Around $20k lost, have records of all communication and transactions. Have contact info for numerous employees as well, job seemed like legitimate company but may have been spoofing the real one. Was reached out to by a recruiter from legitimate website like Indeed.

James L. Arrasmith
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answered on Jun 29, 2024

I'm sorry to hear about your situation. The first step you should take is to gather all your evidence, including communication records, transaction details, and the contact information of the employees you interacted with. This documentation will be crucial for any legal action or... View More

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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Texas on
Q: Hello, I live in Texas and also have a disability and was fired after my employer yelled at me and told me to “do my job

I then responded accordingly as to defend myself from the disrespect. That is what led into me being fired a few weeks later. Basically because of my response instead of the employer yelling at me and telling me to do my job. I have reached out to HR several times but I have not gotten a response.... View More

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry to hear about your situation. Given that you live in Texas and have a disability, you might have legal recourse if you believe your termination was unjust or related to your disability. It's important to document all interactions with your employer and HR, including the incident... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I'm wondering if I have a discrimination case against my previous employer.

I felt I had to quit my job. I was expected to work in a small room with no air circulation and with a woman that doused herself with a strong perfume several times a day. I have allergies & presented employer with a doctor's statement that I can't work with chemicals/perfume.... View More

John Michael Frick
John Michael Frick
answered on Jun 14, 2024

Allergies can be, but are not necessarily, a disability. It depends on whether your allergies are so severe that you meet the legal definition of "disabled", i.e. an individual who has a physical or mental impairment that substantially limits one or more major life activities, a person... View More

1 Answer | Asked in Employment Law for Texas on
Q: Non compete ban goes into effect September 4th. Can I start marketing my business or just wait until law kicks in
John Michael Frick
John Michael Frick
answered on Jun 10, 2024

There is a lawsuit pending in the Eastern District of Texas challenging the new FTC rule on various constitutional and statutory grounds. It is Ryan, L.L.C. v. Federal Trade Commission. An application for a temporary injunction enjoining the rule from going into effect is pending.

Because...
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1 Answer | Asked in Employment Law and Health Care Law for Texas on
Q: Does mileage have to be exact when considering non-competes?

Hi there, I am a dentist that works for a large DSO. The non-compete I signed stipulates I cannot work within a 6 mile radius for a period of up to two years. My new practice is 5.6 miles away. How likely would they come after me for that and how likely would a court side with them? Given the new... View More

John Michael Frick
John Michael Frick
answered on May 29, 2024

Whether the non-compete is enforceable and whether the stipulated 6-mile radius is a reasonable geographic restriction depends on the facts and circumstances of your particular case. Our firm and I have handled lots of non-compete cases for both employers and employees. When the new FTC rule goes... View More

1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for Texas on
Q: How can I recover due wages, commissions, tips, that employer won't pay without going to twc.

I am due pay, however there are contracts that's may not be valid,

John Michael Frick
John Michael Frick
answered on May 15, 2024

The employer could decide to pay you. But if the employer refuses, the easiest and quickest way to get paid is to file a wage claim with the TWC. Unlike lawsuits which take years, a wage claim with the TWC is routinely resolved in a matter of months.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Hello,I have a question. I was let go by my employer back in February under what was to me a wrongful termination.

It was after a review that accused me of being 'combative ' and 'rolling my eyes' on zoom in the course of doing my work, among other subjective opinions and used as legitimate reasons. I am a naturalized citizen from

Nigeria. Do I have a case to sue for workplace bias? Thank you.

Sincerely

John Michael Frick
John Michael Frick
answered on May 9, 2024

Based on the information contained in your question, no you do not have a case for workplace bias.

An employer can terminate an employee for purely subjective reasons like being combative and rolling your eyes during a Zoom meeting. Those are legally legitimate reasons.

If you have...
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1 Answer | Asked in Employment Law, Immigration Law and Business Formation for Texas on
Q: N-400 application Question: I had a handicap space parking ticket last year, and a fine of $500 was paid.

How do I answer this question, knowing fully well that I received a citation/ticket for a handicap space parking violation last year, and a fine of $500 was paid. ? - Have you EVER been arrested, cited, detained, or confined by any law enforcement officer, military official (in the U.S. or... View More

James L. Arrasmith
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answered on May 6, 2024

Based on the information provided, it does not appear that a parking ticket would require you to answer "Yes" to this question on the N-400 naturalization application.

The question is specifically asking about arrests, citations, detentions, or confinement related to crimes or...
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2 Answers | Asked in Employment Law, Contracts and Estate Planning for Texas on
Q: When writing to companies about late husbands benefits can this just be ignored?

I wrote to Insperity Holdings about my late husband's estate and and investment account, since Insperity Holdings is the HR company for the company my husband worked for. I wrote another important person high up in the company, never have heard a word from either of them. Aren't they... View More

Gratia "Grace" P. Schoemakers
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answered on May 6, 2024

Without knowing the situation, it is possible the accounts had a Beneficiary designation on there that was NOT you.

If the money went to someone else, you have no right to know about this, as you are not the beneficiary.

If the accounts had no beneficiary, then you should go through...
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2 Answers | Asked in Employment Law, Contracts and Estate Planning for Texas on
Q: When writing to companies about late husbands benefits can this just be ignored?

I wrote to Insperity Holdings about my late husband's estate and and investment account, since Insperity Holdings is the HR company for the company my husband worked for. I wrote another important person high up in the company, never have heard a word from either of them. Aren't they... View More

John Michael Frick
John Michael Frick
answered on May 6, 2024

First and foremost, file an application to probate your late husband's Will or his estate if he didn't have a Will at the time of his death.

If you are appointed as the personal representative of your deceased husband's estate (either as the executrix of his Will or as the...
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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: is it legal to switch the duties of a salaried employee to a higher position and refuse to promote him?

My husband (a manager in a store on salary) was permanently transferred to a different store to cover the position of a higher manager who had also been transferred. When he asked for a raise or at least a change of title to a higher role he was refused. So now they have 2 persons with a same title... View More

John Michael Frick
John Michael Frick
answered on May 6, 2024

Yes, he can legally tell his employer that he will need a promotion to the higher position and a larger salary due to his transfer to a different location and greater responsibilities. If his employer refuses, he can legally quit his job. In the current labor market, his employer has little... View More

1 Answer | Asked in Tax Law, Banking and Employment Law for Texas on
Q: I was on ADP when I noticed a stub that I never received for 11,000 is there a reason

Happened November last year also no W2 just want to know why someone would do that

James L. Arrasmith
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answered on May 3, 2024

Hi there! I can provide some general guidance on why there might be a discrepancy and what you can do about it.

Reasons for a payroll stub without receiving the funds:

1. Administrative error: It's possible that a clerical mistake resulted in the generation of the stub without...
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