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Texas Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Texas on
Q: Can an employer refuse to pay their staff after saying that they would for a certain amount of time?

My employer told those who qualified would receive pay from March 19th- April 2nd. We were just told today that we would not be receiving said pay the day before we would get paid. Just wondering if they actually can do that.

Roy Lee Warren
Roy Lee Warren answered on Apr 1, 2020

I would look at the promise to pay as a contract type of agreement. To have a legal contract there must be an offer and acceptance and "consideration". "Consideration" means that each party agrees to provide something of value to the other. This can be an affirmative offering of something, or an... Read more »

1 Answer | Asked in Employment Law and Immigration Law for Texas on
Q: Getting unemployment benefits affect on citizenship??

I live in Houston and I work at the mall as a salesman. Because of the coronavirus, mall got closed and our store was closed too. And I don't know when mall will be reopen, therefore I applied for unemployment benefits. So, I want to know these Benefit does it affect on my Citizenship? ( I have... Read more »

Adan Vega
Adan Vega answered on Mar 22, 2020

The receipt of public assistance such as unemployment benefits is not an automatic bar to naturalization if you have not engaged in unlawful behavior including committing fraud. However, USCIS may view the receipt of benefits as a factor regarding your “good moral character “. You may want to... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Construction Law for Texas on
Q: The day he died, my ex-hub's GF filed a FORGED change-of-benef'ry form to steal his BAC ret $. What can I do about it?

Several months after he died, I was notified that I was still benefcy of his BAC annuities fund. Surprised he hadn't changed this in 8 years since divorce, I called the BAC Intl to confirm details. It was the assisting clerk who noticed the date on a change-of-beneficiary form was the exact date... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 5, 2020

There might be both a civil and criminal case that comes out of this but I notice this question is marked for both Texas and Arkansas. The first thing you should do is figure out WHERE the forged document was USED and then re-post your question in just that one state, no matter where you are... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Clock in time dispute with company

My fellow employees and I are having a dispute over compensable time while driving a company vehicle. We are granted access to a company website at 7:00 a.m. to see our routes. I clock in at this time to prepare my route (rearrange drive for optimization), attempt to remotely fix jobs/read notes to... Read more »

Greg Mansell
Greg Mansell answered on Mar 4, 2020

You should contact an employment lawyer in Texas. Your employer must start paying you when you start performing work that is “integral and indispensable” to the performance of your job. Based on what you stated in your inquiry, checking the website to get this information is 100% necessary for... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Trying to see if I have a case on wrongful termination from my job

Care provider on light duty the company let me for being on light duty did not interfere with my job

Carrie Dyer
Carrie Dyer answered on Feb 26, 2020

More details are needed to evaluate your case. You should contact an employment attorney to discuss whether your employer would be liable under the Americans with Disabilities Act for failing to accommodate you and terminating your employment. If you are disabled and you requested an... Read more »

1 Answer | Asked in Consumer Law, Employment Law and Trademark for Texas on
Q: Can I open a boutique with my daughters name and her middle name. The boutique would be called A*** Rose Boutique?

The clothing is aimed towards teens and older girls can I get in trouble for using the name since Rose is trademarked but there other boutiques using it? I’ve also have tried about 50 other names but they’re all taken so this is my last option hopefully.

Tania Maria Williams
Tania Maria Williams answered on Feb 25, 2020

The trademark examiner will be looking for a likelihood of confusion for other marks within the same class. Use of the word “Rose” doesn’t necessarily preclude your use of the word but enlisting an attorney to do a comprehensive trademark search is your best bet. Sometimes, I have helped... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Company will not give me my money they owe me. What can I do to get my pay
Miguel Angel Salazar
Miguel Angel Salazar answered on Feb 24, 2020

Texas has strict Payday laws. The Texas Workforce Commission (TWC) has and administrative procedure for employees. That would be the recommended approach depending on the complexity of the issues. If TWC does not provide a sufficient or adequate remedy then a lawyer would need to be retained.

1 Answer | Asked in Employment Law and Tax Law for Texas on
Q: Should a church hire as employees musicians who occasionally play, or is it OK to treat them as independent contractors?

Many churches have 'worship teams'—teams of musicians who play many or most Sundays per year, and I understand how they would probably need to treat those musicians as employees. The church in question, however, occasionally has professional musicians from local orchestras play music on Sunday... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 20, 2020

The test for employee vs independent contractor is multi factored. There's not enough information here to provide an answer.

California is aggressive on reclassifying contractors as employees but that doesn't matter if you're not in California.

if you go talk to an accountant/CPA...
Read more »

1 Answer | Asked in Employment Law for Texas on
Q: my lead asked if they could record our conversation. I said yes and then without asking I recorded as well

I told my lead/supervisor yes they could record the conversation but I didnt ask if I could in return and I did. Is that illegal.

Carrie Dyer
Carrie Dyer answered on Feb 12, 2020

Texas is a one-party consent state, so as long as you were a party to the conversation that you recorded, it is not illegal. However, your employer may have a policy in place prohibiting employees from recording conversations in the workplace without the consent of all parties.

1 Answer | Asked in Contracts and Employment Law for Texas on
Q: My wife was terminated from her position. The company has sent her an NDA, is she under any legal obligation to sign?

She has already signed an NDA when she started at the company. She was fired for accidentally emailing herself a document that contained sensitive company information. They are requesting that she signs this new NDA, but are not offering any incentive to sign.

The only thing I am really... Read more »

Carrie Dyer
Carrie Dyer answered on Feb 12, 2020

Additional details are needed to fully analyze your wife's situation. You should reach out to an employment attorney in Texas and seek a consultation and review of the NDA that your wife's former employer is asking her to sign.

1 Answer | Asked in Business Law, Civil Litigation, Employment Law and Workers' Compensation for Texas on
Q: What is the law (if any) on lunch breaks or any breaks at all during long shifts exceeding 8-10 hours.

I work for a company called "Painted Tree". It became clear to me after my first day that they do not give you a lunch break, or any breaks at all (aside from the manager telling me when i started that I can grab a water or a piece of candy if i need it). What's really difficult is going 8,9,10... Read more »

Gregory L. Ahlgren
Gregory L. Ahlgren answered on Feb 6, 2020

It depends on the specific situation, including the city where the work is being performed.

1 Answer | Asked in Employment Law and Sexual Harassment for Texas on
Q: If I signed a document at eeoc that I would not pursue the case , can I reopen it for sexual harass on job in 2017

I was talked into signing and scared for my life

Greg Mansell
Greg Mansell answered on Feb 5, 2020

Generally, the EEOC is limited to actions that occurred within 180 days of the filing of a charge. This can be extended in certain states whereif a state or local agency enforces a law that prohibits employment discrimination on the same basis. The exception is that if you allege the act was an... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: The company I drive for will not give me my paycheck and the money I was short. What can I do
S. Michael Graham
S. Michael Graham answered on Feb 4, 2020

This would be a question better answered by an employment law attorney instead of a workers' compensation attorney. The latter deals with on the job bodily injury and off work benefits while the former deals with wages. You could file a claim with the Texas Workforce Commission to allege a wage... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: My boss took money out of my account with out telling me. Is this legal.

My boss gave me to heads up she was taking money out of my check. I am paid salary and never has she ever not paid me for days the shop was closed but for some reason she thought it would be ok to not pay me or the rest of the company salary or not for the 30th and 31st is December 2019 with out... Read more »

Kyle Anderson
Kyle Anderson answered on Jan 23, 2020

More facts are needed to fully evaluate your situation. However, in certain circumstances, deductions from an employee's salary are permissible if the employee is absent from work for one full day or more full days. It would not be permissible to deduct if an employee is only absent for a half day,... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: I’m looking for an employment law attorney or litigation attorney I got the letter from EEOC right to sue I need help

I got let go while I was off work on disability wrongful termination TEC found in their findings it was medical verifiable illness so I won my case it to EC I did collect unemployment

Kyle Anderson
Kyle Anderson answered on Jan 23, 2020

Hi, you should search for employment law attorneys in your state. Some you may be able to find through Google. Good luck moving forward.

1 Answer | Asked in Employment Law for Texas on
Q: My and my fiance work at a motel. We are salary and work 24/7. My boss also includes the rent as payment. This legal?

He pays both of us 250 a week and put the check in my name. He said that the amount we pay in rent is also part of our pay. We get no overtime or holiday pay. I never get any days off but once a year. Even if I go run an errand I still have to answer phones. I want to know if this is legal and if... Read more »

Roy Lee Warren
Roy Lee Warren answered on Jan 9, 2020

I am sorry but you will need to speak with someone to give the factual details but this is not a forum that you should use. The best advise I can offer is to contact the Texas Workforce Commission, (TWC) the regulating agency for employers. Considering all the hours you work along with pay, if you... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Do I have any legal grounds disputing that Lyft will not hire as a driver because of a misdemeanor and overlooking my

20 year honorable Naval career?

Roy Lee Warren
Roy Lee Warren answered on Jan 9, 2020

No, sorry. I agree that your naval career should account for positive point but Texas is an at will employment state so it is very difficult to "make" an employer hire you.

1 Answer | Asked in Employment Law for Texas on
Q: A partner and I are opening a restaurant in Frisco. Can our 11 (almost 12) year old work there (even if for free)?

We do serve alcohol but we know you must be 18. We serve ice cream and they would serve some or wipe down tables/sweep. It’s just on weekends for a few hours.

Roy Lee Warren
Roy Lee Warren answered on Jan 9, 2020

If the 11/12 year old is your child, they can work but the type of work is limited as are the hours. See below. As for alcohol, believe it or not, if a minor is within eyesight of parent or guardian they can actually drink but to serve such beverages I think they must be 21.

Texas Labor...
Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: is this a sue-able offense

Delivery driver 7 months (for company that delivers for amazon) , terminated because amazon giving fewer routes in in middle of work week, say cant use paid time off, are they suppose to pay me in full after 6 days or if its weekly pay, its on their own timeline what about the paid time off, since... Read more »

Roy Lee Warren
Roy Lee Warren answered on Jan 9, 2020

I suggest you speak with an employment lawyer. This is listed under wc, but it is not a wc type of case.

You may be able to get assistance from the Texas Workforce Commission (TWC). There is an office in Houston. The website is at: https://twc.texas.gov/jobseekers/employee-rights-laws

1 Answer | Asked in Employment Law for Texas on
Q: I joined the USMC and at moment of truth I told them i did a few drugs and denied my waiver and got a els discharge

Fraudulent discharge/ els (entry level seperation discharge). If I want to apply for the police, do they need to know since I was only there for a couple of days? Will it effect my job carrier? Do I need to tell every employer?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 6, 2020

This is a moral and ethical question that complete strangers cannot answer for you.

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