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Texas Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Texas on
Q: worker’s comp, EMP is injured, MNG delays report, told to return to work, injuries worsen, negligence or liable on MNG?

OSHA violation for equipment prohibited, MNG cleaned cuts but infection set in, EMP is diabetic, INS CO omitted details of time and treatment before claim was filed, treating DR refused MRI for hand fracture with abscess as treated by EMERGENCY DR, denies injury effect and denies benefits.

John Michael Frick
John Michael Frick
answered on Mar 20, 2024

Whether the manager is negligent is most likely irrelevant. In a workers' compensation case, the injured employee is NOT REQUIRED to prove that his/her employer or one of his/her fellow employees was negligent. Workers' compensation provides medical benefits, temporary income benefits,... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I need to consult with an attorney. I'm having problems with my job.
John Michael Frick
John Michael Frick
answered on Mar 13, 2024

You should use the "Find a Lawyer" tab to search for an attorney who practices in the area of employment law in or near the county where you reside. You can likely get an initial consultation with a competent and experienced attorney for under $1,000. Our firm provides a 90-minute... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: can my employer do this with my ADA?

i have an ADA and requested an accommodation at work in regard to it. the accommodation is to be moved to a certain position that would allow to me to do my job better and i submitted paperwork filled out by my mental health provider to the HR department for this. they are now saying that there are... View More

John Michael Frick
John Michael Frick
answered on Dec 8, 2023

Every ADA claim rests on its own particular facts and circumstances. So no one can definitively tell you what may happen in your particular case.

You are entitled to reasonable accommodations to be able to do your job with your disability as long as it does not impose an undue hardship on...
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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can my employer decide what reasonable causes for sending me in for a drug test?

My employer knows that I just started new medication and I’m suffering from anxiety and other mental issues

John Michael Frick
John Michael Frick
answered on Dec 7, 2023

Yes, it is up to your employer to determine whether it has a reasonable, individualized suspicion that would suggest to a reasonable person that you are under the influence in violation of company policy. S

Such a reasonable suspicion should be based on firsthand observation by more than...
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3 Answers | Asked in Civil Rights, Employment Discrimination, Employment Law and Personal Injury for Texas on
Q: Like file a civil suit against my Ex-employer for freedom of speech violation, which I was fired. statue of limitation?

Subject: Seeking Legal Representation for Complex Employment and Health-Related Case

I hope this letter finds you well. I am currently facing a complex legal situation that involves various issues related to my employment and health. After thorough research, I believe your expertise in... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Texas, the statute of limitations for filing a civil lawsuit for wrongful termination, which may include claims like violation of freedom of speech, depends on the specific nature of the claim. Generally, for wrongful termination claims, the statute of limitations is typically around two years,... View More

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1 Answer | Asked in Employment Discrimination, Sexual Harassment and Employment Law for Texas on
Q: Employer discrimination, harassment and assault case inquiry.

I am facing employer discrimination and harassment, and I have been assaulted at my workplace. I reported the incident to HR, and I want to know if I have a case against my employer. What steps should I take next?

James L. Arrasmith
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answered on Apr 16, 2025

You should start by writing down every detail you remember—dates, times, locations, what was said and done, and any witnesses. Gather any relevant emails, texts, photos of injuries, or medical records, and keep them in a safe place.

Follow your company’s grievance procedure in...
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2 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can I file for age discrimination if I was laid off due to insurance not covering employees under 23?

I am 22 years old and was laid off due to my company's truck insurance policy not covering employees who are 23 or younger. I had been employed for 1 year and 11 months, and I received only a verbal explanation for the layoff, with supporting documentation from unemployment. There were no... View More

John Michael Frick
John Michael Frick
answered on Mar 19, 2025

In order to pursue a claim for age discrimination, the plaintiff must be 40 years of age or older.

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2 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: Discrimination at workplace: passed over for promotion, schedule change, no training.

I feel like I'm being discriminated against at my workplace. Over the past 3 months, I've been passed over for a promotion, my schedule has changed, and I'm not being trained in my position. No reason has been given for these actions, and I haven't yet spoken to HR. What should I do?

John Michael Frick
John Michael Frick
answered on Mar 14, 2025

Ask why they are taking these actions.

Remember that discrimination is only unlawful if it is done for certain specific reasons like your race, color, ethnicity, national origin, sex, age, religion, disability, or pregnancy.

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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I was fired after a conflict with my manager. Could this be harassment?

I was fired after a manager yelled at me and told me to "do my job!" I responded by saying, "you are not going to talk to me that way." The manager then texted higher-level management, and about two weeks later, I was fired for "disrespecting authority." I tried... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2025

Sure it could be considered "harassment" as that term is commonly understood. It's not illegal employment discrimination.

1 Answer | Asked in Employment Discrimination for Texas on
Q: Can an employer ask for an observed drug screen when 5.5 years close to 20 drug screens all of them passed

My friends mom was mad at me she called my work and made allegations about me cheating my drug screens so they sent me for an observed without a reason why except it was probable cause

John Michael Frick
John Michael Frick
answered on Feb 3, 2025

Yes. And being notified by someone that you were "cheating" your drug screens is ample reason for an employer to request an observed drug screen.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Former employer called into my new job to talk negative on me, found out where I worked by driving to my home.

My former employer fired me at the beginning of this month, recently found a new job and was told former employer called in to talk negative on me as well as found out where I worked by driving to where I live to get current jobs number off of new work vehicle.

John Michael Frick
John Michael Frick
answered on Jan 31, 2025

If your new employer fired you because he believed what your old employer told him about you, you might have a valid claim for defamation.

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Texas on
Q: I have not been paid my regular paycheck in 7days. What are my options?

My employer did not deposit my whole paycheck last Fri. I immediately told my manager and he said others had same issue. I messaged throughout the day and was told payroll was resubmitted at noon on Friday and it will deposit most likely next business day. It's now Thursday of the next week... View More

John Michael Frick
John Michael Frick
answered on Dec 12, 2024

You can file a wage & hour claim with the Texas Workforce Commission:

https://www.twc.texas.gov/programs/wage-and-hour/texas-payday-law

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Weekly pay and healthcare was held for 4 weeks. I was paid back on the 5th week. Union employee. Is that a crime?

Occurred Jan/Feb of this year. Wage claim filled with TWC. No reason was given. I had to contact a different work area to be reinstated. I believe not paying me for the month is a crime. It certainly hurt.

John Michael Frick
John Michael Frick
answered on Oct 10, 2024

In my professional opinion, it is not a crime but is good grounds for a wage & hour claim with the TWC.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: My employer has been paying me overtime in cash for the last year, I want to report this. How do I proceed

Lots of other sketchy practices, kinda want to take down the buissness because of them ranging from gender based and other discriminations during hiring to making employees pay for stolen product.

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

File a wage and hour complaint with the TWC.

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for Texas on
Q: went on disability for an injury, and now have to wear a brace and employer will not let me return to work with brace

employer asked me have doctor send over restrictions, employer asked me to modify restrictions to meet their requirements, which I did, and then said I still cant wear my brace that I have to wear.

James L. Arrasmith
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answered on Sep 11, 2024

It sounds like you are facing a challenging situation with your employer regarding your return to work. If you have a documented medical need to wear the brace and your doctor has provided restrictions, your employer is generally required to make reasonable accommodations for you under the... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I was wondering if I could ask my employer to have Thursday and Sunday off during the week instead of Saturday/Sunday.

Time period. 12 weeks. I’m full time and salaried.

My staff work 5 am to 10 pm daily. Open every day.

John Michael Frick
John Michael Frick
answered on Aug 19, 2024

Yes, you can ask. Texas law does no prohibit an employee from asking to be off Thursday and Sunday instead of Saturday and Sunday.

1 Answer | Asked in Employment Discrimination for Texas on
Q: I was the plantif along with 2 other we was awarded 1 million 42thousand & i only received 23,000 the other plantif

12,000 and the other plantif 20,000 and we was told the rest went to the class! But if they couldn't find all the class members the remaining go to us the plantif.which we never received any of that settlement

to this date! Was my Attorney suppose to do that! It still to this day... View More

John Michael Frick
John Michael Frick
answered on Jul 25, 2024

It is impossible to tell without knowing more information including the size of the class and the amount of your compensable damages

1 Answer | Asked in Employment Discrimination for Texas on
Q: Are there statues of limitations on discrimination lawsuit that was won
John Michael Frick
John Michael Frick
answered on Jul 5, 2024

Your question states a non sequitur. A statute of limitations sets the time within which a lawsuit must be filed. Obviously, a lawsuit cannot be won unless and until it is filed. If your discrimination lawsuit was barred by the statute of limitations, it would not have been won if the defendant... View More

Q: I just got a right to sue from EEOC, how do I find a good christian attorney?
John Michael Frick
John Michael Frick
answered on Jul 1, 2024

Careful and thorough research for attorneys who practice in that area of law in or near the county where you were employed.

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