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Texas Employment Discrimination Questions & Answers

1 Answer | Asked in Immigration Law and Employment Discrimination for Texas on

Q: H1Brevoke

Hi , my first h1b approved on oct 2017 and I started working from April 2018 . Due to some reasons , my project didn’t go well and my employer not able to continue the project . So, he finds a sub contracting opportunity for me and I started there to work in new location . Since vendors involved,... Read more »

Svetlana Kats answered on May 8, 2019

Usually if you file amended H1B petition for your new employer and your new position is substantially similar to your previous position you should be OK. However your case is more complicated since your petition was revoked after your filed an amended petition. I would take a copy of the... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Texas on

Q: I was force to resigned or get terminated for using a police car to go home and work. I am a Chief of police

I am a Hispanic Chief of police . I am also being force to pay back the gas. I’m being charge according the miles I traveled to work and home. Before we got the new police car, I used my personal car for police duties for 2 months which my superintendent was very much aware of. This came from an... Read more »

Roy Lee Warren answered on Jan 28, 2019

My goodness, I cannot believe they treated you like that! Look at the employment policies to determine whether such events are addressed, if not you may well have an argument against your employer to claim "implied consent" because it acquiesced to your previous use. The fact you were on call 24/7... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on

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

Do they have to give me my earned vacation pay?

Roy Lee Warren answered on Nov 28, 2018

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,...
Read more »

3 Answers | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Texas on

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

He has me in his truck 280 miles from home working on a remodel. We're the only 2 people working the job. The owner of the house is a federal agent and my boss is using that to bully me. Im paid in cash. I have asked for him to sign a contract labor agreement, to which he has refused. His advances... Read more »

Gary D. Peak answered on Apr 7, 2018

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...
Read more »

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1 Answer | Asked in Employment Discrimination for Texas on

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

No excuse . I am 63 and have medical issues. Our Ins allows 3 visits per year I have 2 left. I walk with a cane. I feel like I’m being discriminated against. Seems like they want me outta there. I live in Waco Texas. Please help. Is it illegal to discriminate against elderly?

Matthew Valley answered on Mar 10, 2018

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... Read more »

1 Answer | Asked in Employment Law, Domestic Violence and Employment Discrimination for Texas on

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

My wife called the cops on me, as I had a gun I was moving to a brand new safe that was purchased. When the cops came, they questioned her and me, and she pressed no charges after they realized nothing had occurred, other than her freaking out. I am looking to get a new job, and my fear is this... Read more »

Kiele Linroth Pace answered on Mar 9, 2018

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... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on

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

Employer stated I was fired for other reason. If my medical accommodation was never made could they make up other reason to fire me?

Matthew Valley answered on Feb 11, 2018

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... Read more »

1 Answer | Asked in Criminal Law, Employment Discrimination and Employment Law for Texas on

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

Case for burglary of a vehicle was dismissed november 22 2016 , i was on "probation terms" for 6 months and i failed 5 piss tests so they put my in juvi followed by rehab 30 days and i got sentenced 18 months probation but only did 12 and they let me off. Will that show up on my background check... Read more »

Paul Looney answered on Jan 2, 2018

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... Read more »

Q: Should I be getting paid?

Im an assit. Manager for apartments in texas, owned by a corporate. My Contract says m-f 1pm-5:30pm free rent on an apartment on site. If they ask me to work other hours outside of the 1-5:30pm should I be getting paid actually $$ for those hours?

Roy Lee Warren answered on Dec 5, 2017

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

1 Answer | Asked in Employment Discrimination for Texas on

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?

I was terminated after telling my employer that I needed the time off to recuperate.

Juan B Hernandez answered on Nov 14, 2017

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,... Read more »

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

The heart attack occurred after I complained to my boss that I was not feeling well, I explained my chest was hurting. He told me to be quiet and go to work. 20 min later I had a massive heart attack while attempting to work.

Roy Lee Warren answered on Oct 26, 2017

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... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Texas on

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

claim since I have not been employed long enough and no claim was not submitted. I submitted and claim and claim was denied without reviewing the medical records. I was on the job payrole for 90 days with no pay but benefits paid. What do i do?

Roy Lee Warren answered on Oct 5, 2017

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.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on

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

I worked for a franchise, and I worked 40 hours my first week , which I assumed since it is biweekly pay I would receive it, but due to me not having a clock in number he told me he had to cut my hours and put it in little by little so basically if I wait 4 more checks I can receive what I'm owed.... Read more »

Juan B Hernandez answered on Sep 26, 2017

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

1 Answer | Asked in Employment Discrimination for Texas on

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

I worked 8 hour shifts with no break. I was a server. I even asked him if I could get purchase a tray jack & was told no. Then I was let go because of my disability even though I was able to do my job as well as the other servers. Do I have grounds to file a grievance or take affirmative action... Read more »

Juan B Hernandez answered on Sep 26, 2017

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... Read more »

1 Answer | Asked in Workers' Compensation, Employment Law and Employment Discrimination for Texas on

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

Have a Workers Comp lawyer fighting for me. Have a EEOC Charge of Disability Discrimination in the Investigation stage and have a chance to get Right to Sue letter. Im also a protected class under ADA guidelines for Disability. Im on SSDI for scoliosis and bipolar. Employer knew this when I was... Read more »

Juan B Hernandez answered on Sep 26, 2017

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... Read more »

1 Answer | Asked in Workers' Compensation, Employment Discrimination and Small Claims for Texas on

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

Paying me on November 25 2016 they told me to sigh to get paid then they closed my case what can I do to reopen my case and sue them I'm disabled I had 19 surgeries on my right ankle

Roy Lee Warren answered on Sep 8, 2017

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... Read more »

1 Answer | Asked in Workers' Compensation, Employment Discrimination and Small Claims for Texas on

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

Reopen my case

Roy Lee Warren answered on Sep 8, 2017

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.

2 Answers | Asked in Workers' Compensation and Employment Discrimination for Texas on

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?

Been with the company for almost 2 yrs. Work injury happened 5/12/17 and the only thing I had prior to filing was a verbal warning with clocking into work 5 mins late when I first started working.

Roy Lee Warren answered on Aug 21, 2017

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.

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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on

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

he usually got 1500.00 in bonus but was told that he wouldn't be getting anything this year. he was let go without no compensation for all his time that he worked there.

William Head answered on Aug 20, 2017

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.

1 Answer | Asked in Employment Discrimination, Employment Law, Personal Injury and Juvenile Law for Texas on

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

my wife resigned her position and refused a drug test. she had recently suffered a nervous breakdown and when she returned to work she asked to be demoted from shift leader position at a juvenile detention facility, after her refusal of a drug test her boss shared that information with other... Read more »

Peter N. Munsing answered on Jul 12, 2017

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.

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