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Texas Employment Law Questions & Answers
1 Answer | Asked in Criminal Law, Employment Law and Military Law for Texas on
Q: Can I still retire from the military if I have a 25 year old domestic violence charge and I'm at 18.5 years active duty?
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 11, 2020

This is not a criminal law question, so I cannot answer it. The question, I believe, is more properly a military law question having to do with the requirements for full benefits upon retirement of a person with such a problem in his/her past. It may also matter whether you were convicted (that is,... Read more »

1 Answer | Asked in Employment Law, Business Law, Civil Rights and Employment Discrimination for Texas on
Q: How do I protect myself from employee retaliation after reporting my boss for racial discrimination?

I work for a technology recruiting company in Texas. One of the Managing Partners discriminates against potential candidates based on national origin (Indian nationals, specifically, but I have also witnessed discrimination against African-Americans and people of Asian decent). I feel he is a... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 23, 2020

You should report the discriminatory actions of your boss to the Human Resources Department in writing. The HR department should then do an investigation into your complaints. The company, including the Managing Partner, is prohibited from retaliating against you for complaining about and... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: if a buisness is doging my calls and just keep avioding to pay can i take legal action
Kyle Anderson
Kyle Anderson answered on Aug 20, 2020

Hi, there is not enough information here to fully evaluate your situation. If they are avoiding paying you for hours you worked, they would be in violation of federal minimum wage laws and overtime laws (if you worked overtime). I would recommend reaching out to an employment law attorney in your... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: What can I do about my employer deleting hours I have worked?

I have discovered that my current employer is altering/deducting hours from my time card. For hours that I did indeed work. Sometimes it is just 30 min here, or an hour there. But this last week, they deleted almost 6 1/2 hours from one day.

We do not get check stubs. What can I do?

Rhiannon Herbert
Rhiannon Herbert answered on Aug 12, 2020

The situation as you've described it sounds like a violation of the Fair Labor Standards Act, particularly if you are paid by the hour and your employer's deductions result in a loss of overtime hours worked. How did you find out about this? Are you allowed to ask for your clock-in and... Read more »

1 Answer | Asked in Employment Law and Construction Law for Texas on
Q: Good Afternoon, I am a Texas subcontractor, I recently got a letter with lienholder can you help ?

The worker who is claiming he didn't got paid, did a job prior to the job in dispute, that job had a leak issue and so caused several damages to the property, this worked had done the work after so had founds that i was going to pay however at the time of asking for proof that the repair was... Read more »

Matthew Scott Williams
Matthew Scott Williams answered on Aug 7, 2020

More information is needed; clarification of the facts would better help me analyze your case.

In general, a dispute with a subcontractor on job "A" needs to be dealt with separate and apart from a subsequent dispute with same subcontract on job "B". In general, you...
Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I was let go from my job this morning for having personal issues. Can that be a main reason?
Rhiannon Herbert
Rhiannon Herbert answered on Jul 29, 2020

Texas is an at-will employment state, meaning either you or your employer can terminate the employment relationship at any time for any reason or no reason at all, as long as the reason is not discriminatory (i.e. is not based on your race, sex, age, disability, religion, or sexual orientation).

1 Answer | Asked in Contracts, Employment Law and Education Law for Texas on
Q: Is it possible to get a texas teacher certificate reinstated after it was voluntarily surrendered permanently.

I am a former educator and in october 2012 I was brought into the district for inappropriate relationship with a student. They showed text messages we shared and asked i wanted to resign or have it go public. I resigned and in January I had my teaching certificate voluntarilly surrendered without... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 24, 2020

Ask an attorney who focuses on a practice area like Administrative Law and/or Professional Licensing.

1 Answer | Asked in Employment Law for Texas on
Q: Will Vacation Payout and Severance affect my Texas unemployment weekly benefit?

I have been on furlough since April and collecting Texas unemployment weekly payment. I was recently layoff in June and was provided a one time lump sum severance package with my yearly accrual vacation time by my employer which was paid out separately. Will this payouts affect my unemployment... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jul 15, 2020

The general rule is that you cannot collect unemployment at the same time that you are collecting severance benefits. However, if your severance payment was only a one-time payout, you should only be ineligible for unemployment during the week you received your severance payout. The same will... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Is it legal for an employer to not pay workers that are working from home due to COVID who’s system is not working?

Everyone at my job was sent to work from home. However their temporary work from home equipment has been causing issues to where some workers cannot clock in. They are not paying workers even though it is a company issue.

Rhiannon Herbert
Rhiannon Herbert answered on Jul 7, 2020

Under the Fair Labor Standards Act, the general rule is that you must be paid for all hours you spend performing work for the company, but you need not be paid for time that you're not performing work. So, the answer to your question will depend on whether you still performed work on days you... Read more »

1 Answer | Asked in Employment Law and Arbitration / Mediation Law for Texas on
Q: When settling out of court, what should an affidavit state for the agreed on money and when to receive it
Tim Akpinar
Tim Akpinar answered on Jun 22, 2020

A Texas employment attorney could best advise, but your post remains open for four weeks. As a GENERAL matter for civil claims of MOST types, there will be a form called a release to memorialize terms of the settlement. I think that's what you're talking about. The release will outline... Read more »

1 Answer | Asked in Contracts, Employment Law, Constitutional Law and Employment Discrimination for Texas on
Q: Discrimination during COVID 19 and sexual harassment

I was furloughed for COVID 19, and my employer said for 2 months he couldn’t afford to call me back to work. All the men in my department were back and working the whole 2 months I was gone. Now he is offering me a lower pay rate and is putting me in another department, and replaced my shift with... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jun 9, 2020

It sounds like you may have a claim for sex discrimination under Title VII of the Civil Rights Act of 1964. To establish this claim, you have to prove you were qualified for your original job, you suffered an adverse employment action (a pay cut or demotion to a less favorable or prestigious job... Read more »

1 Answer | Asked in Consumer Law, Employment Law, Business Law and International Law for Texas on
Q: I want to use a Lebanese artist to create and sell graphic designs. Am l allowed to hire him? We'd need PayPal.
David Luther Woodward
David Luther Woodward answered on Jun 4, 2020

Where is the artist?

You ask a question that needs more detail.

Are you going to pay hourly? piece work? project work? or whatever.

Where does he work? Do you provide the supplies.

Go see an immigration lawyer and an employment lawyer.

Good Luck

d

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Texas on
Q: My employer refused to pay my last check under some made up circumstances. What are my options

He lied about fees and charges until he made up an advance pay that I never received or requested or signed for. I have all emails and texts where he had payroll and HR involved in the scam. All the time knowing I have a medical condition where stress is not recommend. He is out of state Indiana

Kyle Anderson
Kyle Anderson answered on Jun 3, 2020

Federal law requires an employer pay its employees at least the minimum wage for all hours worked. However, certain advances may be taken out of an employees' check and not result in a minimum wage violation. I would reach out to an employment law attorney in your state for a consultation and... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Texas on
Q: Buenas tardes , quisiera saber como me puedo asesorar para demandar una compañia que me despidió injustificadamente
S. Michael Graham
S. Michael Graham answered on May 18, 2020

Hola Me LLamo Michael Graham. Si puedo llamar mi officina es mejor. No hablo mucho espanol. Si tiene una persona qua habla English para eusted es mas mejor. Gracias.

1 Answer | Asked in Legal Malpractice and Employment Law for Texas on
Q: Can a counseling private practice sue you if some of the clients you see insist on following you to receive counseling s

services at another location?

Carrie Dyer
Carrie Dyer answered on May 13, 2020

Your question does not provide enough detail to fully analyze this situation. The answer depends on whether you have an enforceable non-compete or non-solicitation agreement with your former employer. You should consult an employment attorney in your area for advice.

1 Answer | Asked in Employment Law, Personal Injury, Employment Discrimination and Health Care Law for Texas on
Q: Do I have any recourse on either of these?

I was hurt late last summer as I fell/thrown off the side of a goose neck trailer. I was taken to a Concentra for a drug test not for my injury. I never went to the doctor thinking I was just bruised and also having no insurance. I also never said that my back was still hurting because of the... Read more »

Tim Akpinar
Tim Akpinar answered on May 12, 2020

I'm sorry for your ordeal. Unfortunately, it wouldn't be treated as a personal injury case because it looks like it took place in the course of employment. In terms of no insurance, if there was workers' comp if effect, that might have covered medical expenses. A WC attorney could... Read more »

1 Answer | Asked in Employment Law, Criminal Law and Workers' Compensation for Texas on
Q: Hello, I was wondering what I could do about a labor job I did for a lady. I found her on Craigslist and my ex coworker

And I dug up dirt in one of her rental houses backyard. The original agreement was to dig up and put back the dirt for some pipes for $500. She didn’t pay us anything the day we dug it up. My then coworker was unprofessional and harassed her with phone calls to get some form of payment. We went... Read more »

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

This does not sound like a criminal law question but maybe you could file a small claims lawsuit in civil court. Contact the Justice of the Peace court for the address where the work was done.

1 Answer | Asked in Criminal Law and Employment Law for Texas on
Q: Denied employment due to criminal history. Recently got an order of non-disclosure. Reapply?

I was denied employment a few years ago due to my criminal history that is now sealed through an order of non-disclosure. Can the employer use this now that it is sealed? Should I attempted to reapply? Thank you.

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 30, 2020

The employer can continue to use any old records they might still have from your first application. If the employer uses data directly from Texas DPS then it usually only takes them a few weeks to stop reporting the case. However, most employers get background reports from third-party data... Read more »

1 Answer | Asked in Criminal Law and Employment Law for Texas on
Q: Can I file charges against him or can he sue my bussiness. Or take any legal action

A employee of mine got in a anothers co workers face. And launched verbal insults and threatened to hurt him and the employee he threatened punched him and pulled out a knife. quit and walked out citing fear for his life. . After calming down. Can I file charges against him or can he sue my... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 28, 2020

Anyone can sue anyone else for anything. Whether or not they win is a different story. Did you provide an unsafe work environment? Who knows! Talk to an attorney who practices civil law.

As for criminal law, an imminent threat to do something that causes pain is Assault. In most...
Read more »

1 Answer | Asked in Employment Law and Immigration Law for Texas on
Q: I’m a L-1 visa, can I apply for unemployment benefits due to coronavirus outbreak?

I work for a hotel as manager with an L1 visa, due to corona virus we had to close until further notice, I tried to apply for unemployment benefits online but requires the alien registration number ( which I don’t have). Also I don’t want this to affect my migration status

Adan Vega
Adan Vega answered on Apr 25, 2020

Those who are not citizens can apply and receive unemployment benefits if all of the state requirements are fulfilled.

You must have a valid work permit or any immigration status that allows you to work such as a green card, asylee, DACA or TPS status.

You must be authorized to work...
Read more »

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