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Texas Employment Discrimination Questions & Answers
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 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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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I have appealed an Unemployment Hearing and I submitted information that shows wrongful termination..What are my options

If this is discovered by the Tribunal do I have a right to file a lawsuit?

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

Unemployment and wrongful termination are two entirely separate matters. If you were wrongfully terminated, you can file a lawsuit regardless of how your unemployment benefits hearing goes.

1 Answer | Asked in Employment Discrimination and Identity Theft for Texas on
Q: Can I get paid ?

The company's name is Beltmay LLC in Los Angeles, CA. Their address is 1801 Century Park E, #1540,

Los Angeles, CA 90067. This is the only address I can find for it but I believe this company is fraudulent

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

Your question is unclear as to what and why this company would pay you. That being said, fraudulent companies rarely have assets to satisfy civil judgments against them.

1 Answer | Asked in Employment Discrimination for Texas on
Q: I recently took on a retired coworkers work on top of my own that I’ve already been doing for 15 years.

I told the company that I work for now that I would love to help them save money by seeing if I can do both jobs within my shift. I was told I would get 30 days to see if I can do it and like it and I would get a raise. Now that 30 days is up I’ve realize that it’s too much for me to take on... View More

John Michael Frick
John Michael Frick
answered on May 13, 2024

Yes, it is legal.

1 Answer | Asked in Employment Law, Employment Discrimination and Federal Crimes for Texas on
Q: If a man fires a projectile at you on the job can you file a lawsuit against the company for not fireing him

The homemade device was a piece of pipe filled with oxygen and acetylene taped off and ignited shot a avocado seed towards me and put a hole in the wall head level it didn't hit me but there was no reprimand for it and it is still allowed I am no longer at that company but I have friends that... View More

James L. Arrasmith
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answered on Apr 16, 2024

Even if you are no longer with the company, you may still have a case, especially if you have witnesses or documentation of the incident and the company's failure to address it properly. An attorney can also advise you on whether your friends who still work there might have a case as well.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can employer treat you less favorable than other executives in similar positions?

Woman EVP excluded from "leadership" parties, meetings, anything in upper management areas at company. Yet she is a top producer over the other "executive team members" Futher- demoted to work under less qualified people and forced to train them. This includes training 50% of... View More

John Michael Frick
John Michael Frick
answered on Dec 22, 2023

If the executive is being treated differently because of her biological sex, that may constitute illegal employment discrimination under both state and federal law.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: i live in texas and was denied part time employment at NTB on the basis that i am not currently a student. Is this legal

I applied for part time employment at an NTB location in texas and was told that by company policy they only hired students for part time employment

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

There is no law which prohibits such a company policy on a general basis; however, if you have a disability that limits you to only working part-time, it may constitute unlawful employment discrimination because of your disability.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Texas on
Q: If it went to the emergency room for a non job related injury, and was tested . Can I be terminated from that

Because while I was in another state. Where I don't live or work. That drug test was given to dhs and my kids where interviewed , and then when I got out Hospital. I returned to work just to be fired. Cause my job had got referral from dhs . And they said I was fired cause the drug test from... View More

John Michael Frick
John Michael Frick
answered on Nov 9, 2023

It depends upon your former employer's drug policy and, most likely, on what drug you tested positive for.

1 Answer | Asked in Employment Discrimination for Texas on
Q: What if I can't find a lawyer for case with eeoc in 90 days from the right to sue date?

My case was for retaliation in a discrimination case. I can almost guarantee that the EEOC did not investigate. I had a lawyer who represented me, for a whole year, starting in Sept of 2022. Then when the right to sue was issued they did not want the case, and having a deadline of 90 days, they... View More

John Michael Frick
John Michael Frick
answered on Nov 3, 2023

You can sue the lawyer for breach of contract. Be sure to read your contract to make sure it does not give the lawyer the right to unilaterally drop your case. In order to prove damages, you will need to prove your underlying EEOC claim and prove that you would have been able to collect those... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: What are my options if I am experiencing a hostile work environment and I am being retaliated against my HR Director?

My HR Director and I have had issues in the past, but most recently I received my Annual Evaluation where my direct supervisor gave me glowing remarks and I was to receive the top rating, but the HR Director refused to sign off on it and demanded that my supervisor lower the rating to a "Meets... View More

John Michael Frick
John Michael Frick
answered on Oct 31, 2023

If the hostile environment is based on race, color, religion, sex, national origin, age (over 40), disability, or genetic information, it may give rise to a legal cause of action. In that instance, you should contact an attorney. Otherwise, it may simply be an internal HR matter

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Can a manager tell you who to be friends with?

This came up because of a request to take time off. And management stated no because it was to many request for time off. And they blame it on a certain person.

T. Augustus Claus
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answered on Oct 3, 2023

Generally, outside of the workplace, a manager cannot dictate who an employee can or cannot be friends with. However, within the workplace, employers might have policies or codes of conduct that address relationships or fraternization to avoid conflicts of interest or perceived favoritism.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Employees mandated to train for a specific martial art after being employed for a number of years with medical issues.

Many older employees with medical issues are now contemplating to retire early. It was said accommodations will not be long term ,you will need to have a release date. If you have back issues, shoulder surgeries, hip issues. But because you hold a certain certification you are mandated to attend... View More

John Michael Frick
John Michael Frick
answered on Sep 24, 2023

Meeting neutral generally applicable physical fitness requirements as a condition of employment in a job where fitness is important isn’t discrimination.

If women were held to a different tougher standard, or if older employees were held to a different tougher fitness standard than...
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