Texas Employment Discrimination Questions & Answers

Q: I just got terminated from my work. I have approximately 85 hours of vacation time I accrued. Can they keep it?

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Answered on Nov 28, 2018
Roy Lee Warren's answer
Many times it may depend on the employer's policies. I will provide you a link to the Texas Payday" laws with TWC which I am sure will provide the answers you seek. Good luck.

Final Wages

Delivery of final wages can be made by the methods listed above. If an employee is laid off, discharged, fired, or otherwise involuntarily separated from employment, the final pay is due within six (6) calendar days of discharge. If the employee quits, retires, resigns, or otherwise leaves...

Q: Extreme sexual advances daily by boss. He assaulted me yesterday while holding a firearm threatening to have me arrested

3 Answers | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Texas on
Answered on Apr 7, 2018
Gary D. Peak's answer
So if he is an Ex con, why not report him to police as felon in possession of a fire arm?

He is not required to sign any contract as Tx is an "at will" State, which means they can fire you without cause, subject to some limitations.

If this abusive boss, has a supervisor, you should document each of these events, what happened, where you were, any witnesses, etc. and report it to his supervisor.

Q: I called in sick for tomorrow due to a reaction to my diabetes meds Metformin. My boss said it will count against me wit

1 Answer | Asked in Employment Discrimination for Texas on
Answered on Mar 10, 2018
Matthew Valley's answer
It is unlawful to discriminate against the elderly, and it is unlawful to discriminate against those with medical disabilities. The evaluation of such cases requires a lot of facts and is something that you should probably consult with a local employment lawyer about. Many plaintiff/employee side attorneys offer free or low cost consuktatjons, and either the state bar or your local bar association should be able to assist you in obtaining a referral.

Q: Is a police incidient in Little Elm, TX public record and easily accessible to anyone?

1 Answer | Asked in Employment Law, Domestic Violence and Employment Discrimination for Texas on
Answered on Mar 9, 2018
Kiele Linroth Pace's answer
Unless you were arrested, it is unlikely this incident would appear on a background check in 2018. There is almost certainly a record of it somewhere, so it is hard to predict what will appear on a background check 20 years from now... but today you mostly have to worry about situations that go a bit further than you described, for example: arrests, warrants, judgements, citations, etc.

You might want to ask the law enforcement agency for a copy of their incident report that says you...

Q: I have a right to sue letter from the EEOC for a claim disability discrimination in which I was fired from my job.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Answered on Feb 11, 2018
Matthew Valley's answer
Employers frequently will try and produce alternative, legal reasons for termination of an employee. You should talk to a local employment lawyer ASAP to discuss your case, as a person must file suit within 90 days of an EEOC right to sue letter. These cases are too detail intensive to evaluate properly on a public forum like this site.

Q: When I received what I thought was my W-2 it was a 1099 that says I wasn’t an employee but I was what do I do to fix it?

1 Answer | Asked in Employment Discrimination, Employment Law and Tax Law for Texas on
Answered on Feb 11, 2018
Matthew Valley's answer
You can file an SS-8 with the IRS to get a decision from them on whether or not for federal tax purposes your position should be viewed as an employee/W2 or independent contractor/1099. Employers like to categorize individuals as 1099 contractors because they don't have to pay the employer match of FICA, don't have to pay taxes for unemployment insurance, don't have to pay for workers comp insurance, don't have to abide by the FMLA, don't have to worry about minimum wage, etc. This...

Q: Will a completed deferred adjudication probation for a class A misdemeanor show up on an employment background check?

1 Answer | Asked in Criminal Law, Employment Discrimination and Employment Law for Texas on
Answered on Jan 2, 2018
Paul Looney's answer
If it is "juvi" the record is sealed, so no, it should not show up in a background check. A straight deferred adjudication probation successfully completed WILL show up on a background check. To keep this from happening a motion for nondisclosure can be filed 2 years after successful completion of probation for a misdemeanor and five years after successful completion of probation for a felony. This nondisclosure works only for "deferred adjudication" probation where there has been no finding of...

Q: Should I be getting paid?

1 Answer | Asked in Employment Law, Workers' Compensation, Employment Discrimination and Landlord - Tenant for Texas on
Answered on Dec 5, 2017
Roy Lee Warren's answer
This is not really a wc question but I will point you in the right direction to get your question answered. I will post the website for you below regarding the Texas Payday laws. Good luck to you.

http://www.twc.state.tx.us/jobseekers/texas-payday-law#paymentsSubjectToPaydayLaw

Q: I have pneumonia and was told by my doctor to take time off from my job. I called my employer and was terminated. What?

1 Answer | Asked in Employment Discrimination for Texas on
Answered on Nov 14, 2017
Juan B Hernandez's answer
Texas is an employment at will state. Typically, unless an employee has an employment contract, or is employed under a collective bargaining agreement through a union, the employer can modify or terminate the employment at any time with or without cause for any non-discriminatory reason. However, an employer generally cannot alter or terminate employment for prohibited discriminatory reasons (such as a disability), or in retaliation for certain protected actions (such as whistle-blowing)....

Q: Can I sue my company after they ignored health complaints?

1 Answer | Asked in Workers' Compensation, Employment Discrimination, Energy, Oil and Gas and Health Care Law for Texas on
Answered on Oct 26, 2017
Roy Lee Warren's answer
If they have wc you are limited to filing a claim for wc. Heart attacks (HA) are difficult to prove so I suggest hiring the best WC lawyer you can find. They handle cases on a contingency fee basis so if the lawyer does not win, you owe nothing. HA require proof from a medical provider that will say basically your HA was NOT due to the natural progression of a disease that would occurred when it did, but occurred because of your job. Good luck.

Q: A proper dx was given on 5/8/2017 herniated cervical disc, I notified employer of this and was told that I have no wc

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Texas on
Answered on Oct 5, 2017
Roy Lee Warren's answer
Their response saying you were not employed long enough is laughable! If you are employed for a moment that would be long enough. Speak with a wc lawyer and pursue your claim. I hope they insist on that defense when you take it to a hearing. File a claim with DWC as soon as possible. Good luck.

Q: What can I do to employer for not paying wages?

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Answered on Sep 26, 2017
Juan B Hernandez's answer
If you have received your final paycheck from your employer minus the wages still due, you may need to file a claim for unpaid wages with the Texas Workforce Commission. Here is the link in order to submit a claim: http://www.twc.state.tx.us/jobseekers/how-submit-wage-claim-under-texas-payday-law

Q: i want to know if I can file a grievance against my last job for not accommodating my disability.

1 Answer | Asked in Employment Discrimination for Texas on
Answered on Sep 26, 2017
Juan B Hernandez's answer
You might have a claim for disability discrimination under the ADA or Texas state law. Disability discrimination occurs when an employer covered by the ADA or under Texas state law, treats a qualified individual with a disability unfavorably because he/she has a disability. The law also requires an employer to provide reasonable accommodation to an employee with a disability, unless doing so would cause an undue hardship. In order to pursue a claim for disability discrimination, you must file...

Q: I was injured from a man lift onto my spine. Filed a Workers Comp claim. 2 months later was fired.

1 Answer | Asked in Workers' Compensation, Employment Law and Employment Discrimination for Texas on
Answered on Sep 26, 2017
Juan B Hernandez's answer
You might have a workers' compensation retaliation claim under Chapter 451. I am assuming your workers' compensation attorney is helping you with that. If not, you may need to contact an attorney to pursue that avenue. As for your potential disability discrimination claim, more information is needed to determine whether your employer discriminated against you because of such disability. Although the employer was aware of your condition, that alone is not sufficient to make a case for disability...

Q: They told me that when the Doctor gave me the mmi rating of 5% × 3=15 × 266.00 = to 3990.00 back pay since they stopped

1 Answer | Asked in Workers' Compensation, Employment Discrimination and Small Claims for Texas on
Answered on Sep 8, 2017
Roy Lee Warren's answer
Assuming you signed a DWC 24, (an "agreement", but absolutely not a settlement because "settlements" are not allowed in WC) it probably included an agreement that you "agreed" to the MMI and IR given. If so you have a very hard situation because you will have to overcome the agreement AND the MMI/IR. Not many lawyers will want to take the case on a contingency (the only method allowed) but you can seek help from the DWC's ombudsman program. They will help yo through the DWC appeals process but...

Q: Is there any was I can reopen my case they keep on telling me no but I know there's always something a lawyer can do to

1 Answer | Asked in Workers' Compensation, Employment Discrimination and Small Claims for Texas on
Answered on Sep 8, 2017
Roy Lee Warren's answer
I believe you are correct, a lawyer probably can figure out a way to reopen, particularly if you have it class correctly. WC cases in Texas are not supposed to be closed because they have life-time medical for the injury.

Q: Employer is writing me up for false reasons after w/c claim. I feel like they are trying to fire me. What can I do?

2 Answers | Asked in Workers' Compensation and Employment Discrimination for Texas on
Answered on Aug 21, 2017
Roy Lee Warren's answer
It certainly could be discrimination but depends on the facts. Are others treated differently, does the employer pay bonuses for "no lost time" to employees, many things factor into the analysis.

Q: my friend worked for this company twenty years and last november he was told that they wouldn't be needing him any more.

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Answered on Aug 20, 2017
William Head's answer
In most states, the laws are set up as "right to work" laws. That means that people have no CONTRACT or RIGHT to remain employed.

This happens all the time, because Legislators favor businesses, not individuals, when it comes to job creation.

Q: wife chose to resign after a breakdown and harassment over her being accused of being on drugs for 2nd time by inmates

1 Answer | Asked in Employment Discrimination, Employment Law, Personal Injury and Juvenile Law for Texas on
Answered on Jul 12, 2017
Peter Munsing's answer
Contact a member of the Texas Trial Lawyers Assn who handles employment issues--they give free consults. Remember, only certain things are forbidden. Employers being jerks is allowed.

Q: I am asking for advice on behalf of my mother, her employeer has stopped paying wages for workmen's compensation.

1 Answer | Asked in Workers' Compensation and Employment Discrimination for Texas on
Answered on Feb 23, 2017
S. Michael Graham's answer
You will probably need to speak to a lawyer to get your answer because there is just not enough information to answer your question. Most workers' compensation lawyers will speak to you for free over the phone. The answer will depend on whether your mother's claim is under workers' compensation, or an occupational injury plan, or possibly short term or long term disability plan, or a wage continuation plan offered by the employer.

Since your question is filed under workers' comp...

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