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Texas Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Do I have a lawsuit?

I was terminated from my job. I was told I was fired due to absences that pertained to my mental health. I was told they didnt want someone working for them that had mental health problems. I was also never offered COBRA insurance and my insurance was canceled 12 days after termination. I was... Read more »

Carrie Dyer
Carrie Dyer answered on Jun 8, 2021

You may have a claim under the Americans with Disabilities Act. If your employer has at least 50 employees in a 75 mile radius, and you have worked there for at least 12 months, for a total of at least 1250 hours, you may also have a claim under the Family Medical Leave Act. You should reach out... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: If laid off due to covid 19, am I legally entitled to unemployment?

School Principal laid off due to Covid. No reasonable assurance given to return to job.

Kyle Anderson
Kyle Anderson answered on Jun 2, 2021

Whether you are entitled to it is one question, but I would recommend applying regardless. If you have specific questions about unemployment, I would reach out to an unemployment law attorney in your state.

1 Answer | Asked in Employment Law for Texas on
Q: My employer assumes I wrote a glassdoor review and sent me a cease and disest. what can I do?

I have never received a copy of my employee agreement, they are saying that I cannot write a review based on the severance agreement having a "nondispargement" clause. The review is anonymous and is NOT defamtation.

Carrie Dyer
Carrie Dyer answered on May 25, 2021

Disparagement and defamation are not the same thing. You could post something anonymously, without defaming the company, but your comment could still be disparaging. If you signed a severance agreement containing a non-disparagement clause, then wrote an online disparaging review, the company... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can an employer make you get a covid vaccine for employment consideration? Sounds discriminatory to me.
Rhiannon Herbert
Rhiannon Herbert answered on May 18, 2021

Generally, the answer to this question is yes. However, there are two exceptions to this general rule. If you have a religious objection to receiving the vaccine, or if you suffer from a disability that renders you unable to receive the vaccine, you can request an exemption from this requirement as... Read more »

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1 Answer | Asked in Contracts and Employment Law for Texas on
Q: Can my rate as a contractor be reduced in the middle of the contract?

I signed an employment contract with this company last July that runs through July 2021. Yesterday out of the blue i got a docusign from the company with a retroactive lower rate that what i signed for last July, so i asked for explanation and below is the response i got. Any advise on what i can... Read more »

Carrie Dyer
Carrie Dyer answered on May 5, 2021

Whether you have a claim depends on the language in your employment contract. Did the contract guarantee you a certain rate of pay through July 2021, or did the contract allow the employer to change your compensation in its discretion? You should contact an employment attorney in your area to seek... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Texas on
Q: What can be done in this situation?

My brother in law works for a landscaping company. His boss forced him to go up in a tree near a power line in strong wind and he got electrocuted and fell 14 feet. Before going up, he showed his boss what was happening and made sure the hazards were known because they don't have any... Read more »

Daniel John Christensen
Daniel John Christensen answered on Apr 29, 2021

Yes, the employee has a claim against his boss, assuming his boss is not a subscriber to worker’s compensation insurance. The person should contact a Board Certified Personal Injury Attorney as soon as possible for a free consultation.

1 Answer | Asked in Employment Law for Texas on
Q: Hello, I am being offered a job by a company based in Wisconsin - its remote opportunity while I am based in Texas.

They have an open ended non compete and non solicitation for 1 year w.r.t the parent company (not the division employing me). The offer says that its based on Laws of Wisconsin and USA.

Kyle Anderson
Kyle Anderson answered on Apr 21, 2021

Hello, I am not sure what your question is. If you are wondering who to have look over your non-compete, I would reach out to an employment law attorney in Wisconsin because that is the the state which governs the agreement.

1 Answer | Asked in Employment Law for Texas on
Q: I was harassed repeatedly by my employer. After I involved our HR department I was terminated. Do I have any rights?

The same person who has repeatedly harassed me does the same to other employees. Some of the employees have left the company and others are still employed there. HR and Management are aware of this Persons bad behavior and does nothing to stop it.

Carrie Dyer
Carrie Dyer answered on Apr 21, 2021

Unless the harassment is based on your status in a protected class (i.e., gender, race, ethnicity, disability, etc.), there is no legal recourse for your termination. If you were subjected to harassment based on your status in a protected class, and you were terminated after complaining to HR... Read more »

2 Answers | Asked in Employment Law for Texas on
Q: Can the salon I work for that gave me a W-9 require me to get LLC? They hired me as 1099 am I misclassified

They have a dress code I have a key but I have a set schedule that is when they are there and when a receptionist is there. I am also paid commission. I am afraid being LLC would hurt me tax wise vs just staying how I am because my write off have gone down since starting with them as I don’t have... Read more »

Teri A. Walter
Teri A. Walter answered on Apr 15, 2021

No, they can't make you have an LLC. However, having one set up properly shouldn't change your tax situation, other than the fact that you'll need to start paying yourself by payroll, with withholding, and keep your business income and expenses separate from your personal income and expenses.

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1 Answer | Asked in Employment Law for Texas on
Q: I need assistance in proper forms to file against previous employer/tenant they also owe me money for RV I was buying /

The RV I was purchasing was not being lived in at the time owed them out $2,000 have paperwork showing they still owe me the $2,000 and are refusing to pay me the $2,000 owed

Tim Akpinar
Tim Akpinar answered on Apr 12, 2021

A Texas attorney could advise best, but your post remains open for four weeks. If by filing forms, you mean for pursuing a small claims action, you could check with the courts in your area. Most unified court systems have a small claims section, with do-it-yourself instructions and other resources... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Daughter was terminated via text message. They did pay her. They have not issued documentation on her performance.

Chiropractor office. Small business. Office manager sent text message Saturday morning, stating going in a different direction. Also stated there were performance issues. Offered to give a positive reference. Has never seen or signed any corrective actions.

Kyle Anderson
Kyle Anderson answered on Apr 8, 2021

Hello, I am not sure what your question is here. More information would be needed to evaluate this situation. Generally speaking, Texas is an "at will" employment state, meaning your daughter can be terminated for any reason or no reason at all, with some exceptions (based on disability,... Read more »

1 Answer | Asked in Employment Law and Immigration Law for Texas on
Q: permanent employment certification

I got a job offer from a US company in Dallas,TX. I am from Egypt.They asked me to fill a form for permanent employment certification. Then send it to their law firm.Then the law firm asked me to pay

-Consultation/Legal Service Charge:$990.00

-Permanent employment certification... Read more »

Adan Vega
Adan Vega answered on Mar 28, 2021

The federal regulations that you can find at 20 C.F.R. § 656.12 specifically indicate that the employer MUST pay ALL of the costs associated with the PERM process. These costs that must be paid by the employer include the attorney’s fees and costs of advertising for the position. Hence you can... Read more »

1 Answer | Asked in Employment Law, Small Claims and Workers' Compensation for Texas on
Q: sue for not pay work comp from walmart

Walmart claim denied for my injury from work on paper dept. they did not find any evidence of my injury so I want to sue them

Carrie Dyer
Carrie Dyer answered on Mar 24, 2021

This does not sound like an employment law-related matter. You should contact an attorney in your area who practices workers' compensation law to discuss your options.

1 Answer | Asked in Employment Law for Texas on
Q: I am being overloaded with work and I don't have time to take my lunch break just to finish assignments. Is this legal?

I am paid hourly and required to complete a certain number of assignments each day. I don't take a lunch just to finish the assignments and the company does not allow overtime.

Rhiannon Herbert
Rhiannon Herbert answered on Mar 17, 2021

Your employer is not required to allow or offer break time, so having to work through lunch is not, in and of itself, unlawful. However, since you are paid hourly, you must be paid overtime at a rate of one-and-one-half times your regular rate of pay for all hours worked over 40 in a workweek. If... Read more »

1 Answer | Asked in Environmental, Intellectual Property and Employment Law for Texas on
Q: We use Envirox H2Orange2 Concentrate 117 Sanitizer/Virucide Cleaner in order to sanitize our warehouse for COVID-19

On the back it says it is a violation of federal law to use this product in a manner inconsistent with its labeling. The product does nothing related for COVID-19. What it kills is Herpes simplex Type 2, Influenza A2/Japan, HBV, and HIV-1. Yet we use it in order to provide "safety" to the... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 13, 2021

A Texas attorney could advise best, but your question remains open for two weeks. A determination of inconsistent with labelling could require more information. Additionally, an employment law attorney might have better insight into this than a personal injury attorney. You could reach out to a... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: My wages may be docked due to an overpayment a customer had, what can I do to protect myself?

(I was not the one working the register but I was involved in helping the card charge and attempting to fix a mistake a co-worker made)

Rhiannon Herbert
Rhiannon Herbert answered on Mar 3, 2021

Your employer would be permitted to reduce your wages in this situation, but it cannot reduce your pay so much that your equivalent hourly rate falls below minimum wage. For example, if you work 8 hours per day and your employer reduces your wages from $100 per day to $50 per day, your equivalent... Read more »

2 Answers | Asked in Criminal Law, Employment Discrimination, Employment Law and Personal Injury for Texas on
Q: I am a victims of an attack and assaulted at the work place parking lot by another co-worker as I was unlocking my car.

I work a privately own Medical establishment. The owner who is having me come to work Monday 03/01/2021 in a Hostile environment with the Attacker. And refusing to pay me Medical Leave , due to I am Traumatized and need Medical help and I am scared of my Attacker. The Attacker who's worked... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 28, 2021

Contact a member of the texas Trial Lawyers association who handles workers compensation cases in your county. you can discuss with him the options you may have for other claims.

You can also report the assault to the police.

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1 Answer | Asked in Car Accidents, Employment Discrimination, Employment Law and Sexual Harassment for Texas on
Q: Confessed having sexual relations with 2 elderly women at last job nothing has happened and frud in car accidents

Confessed at 8pm central time what is happening in Oklahoma

Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2021

It's not clear that you have a question. However as it involves some serious issues, and this is a public site, I suggest you contact an attorney who handles criminal defense in the states where you are charged or where you have concerns and do not discuss these issues on any social media.

1 Answer | Asked in Employment Law, Federal Crimes and White Collar Crime for Texas on
Q: Can I file a lawsuit to have a fraudulent W-2 revoked?

Can I file a lawsuit to have a fraudulent w-2 revoked?

I am an independent contractor.My life line during the pandemic depends on gig worker assistance. A company fraudulently re-characterized me as a w-2 employee after I terminated all business relationship with them due to consistent... Read more »

Teri A. Walter
Teri A. Walter answered on Feb 24, 2021

I don't know what claims you could make yourself, but you could report the situation to the IRS. If they claim you were a W-2 employee, they should have been paying payroll withholding, and weren't. That can result in a 100% penalty against the company, and against anyone who had... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: I am commission based, working for a company. Are they legally allowed to make us stay at work without pay?

My work has recently made a policy that makes us drive up to work, clock in then either leave until clockout or sit at work, unpaid. We only get paid when we have services. We waste gas and time when we are forced to go to work twice daily without pay. Is this legal?

Kyle Anderson
Kyle Anderson answered on Feb 4, 2021

Hi, more information is needed here. If you are in an outside sales role, the company is not required to comply with federal law for minimum wage/overtime. It doesn't sound like you are though because you are going to the office every day. More information is needed about what you are actually... Read more »

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