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Texas Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Tax Law for Texas on
Q: can employer deduct employees pay to pay employer payroll taxes? Employer is already deducting employees payroll taxes
Linda Simmons Campbell
Linda Simmons Campbell answered on Oct 3, 2019

If I understand your question correctly you are asking if the employer can deduct both the employee's share of payroll taxes and the employer's share of payroll taxes. No, the employer has to pay their share. The only taxes deducted from your paycheck should be the taxes you are responsible for... Read more »

1 Answer | Asked in Contracts, Employment Law, Personal Injury and Real Estate Law for Texas on
Q: Hi, I'm researching builders to use. Whats the best way to see if they have any lawsuits within past 5 years?

Just want to see if any individual or entity has sued them for anything and what the nature of the lawsuit is. Is there a database online that I can use?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 3, 2019

If you're looking in Texas, I suggest checking the county property records and county court records to see if there has been anything. Most of it is public information.

1 Answer | Asked in Employment Law for Texas on
Q: Can my former employer refuse to pay me for PTO upon termination?

It was determined by the Texas Workforce Commission that I was terminated without cause and unemployment benefits are being paid. Can I now request and get paid the the 56 hour of PTO owed me since my termination was without cause? Their appeal deadline has passed and no appeal was made by my... Read more »

Roy Lee Warren
Roy Lee Warren answered on Sep 11, 2019

Yes I believe you should get paid for that if the employer has it in writing you will accrue vacation time and your employer should be penalized for not already paying you for that because it must pay your final pay w/i 6 days. The Texas Employment Commission can also help you with that claim as... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: I have two jobs and I was hurt while at one. The dr took me off work. WIll having the second job affect my claim?

My first job is a school bus driving, the second job is a desk job. I tore my meniscus on my left leg.

Roy Lee Warren
Roy Lee Warren answered on Sep 11, 2019

Of course, but perhaps not in the way you may believe. If you are taken off work from both jobs the carrier must base your income benefits on your total earnings from both jobs. [Total wages (and benefits if stopped while off work) for the past 13 weeks divided by 13 to arrive at your average... Read more »

1 Answer | Asked in Employment Law and Libel & Slander for Texas on
Q: Do you sue your previous employer (the company) or the individual for providing false info to a prospective employer?

I recently applied at a company and coincidentally knew an individual that worked there, who gave me an initial recommendation. However an individual at my PREVIOUS employer knew the hiring manager there and stated false, incorrect statements about my character, which caused me to not even get an... Read more »

C.Doris Okafor Dike
C.Doris Okafor Dike answered on Aug 9, 2019

It Depends. Was the individual a HR director, CEO,COO, or anybody in the C-suite for the company? Or were they a regular worker for the company?

1 Answer | Asked in Employment Law for Texas on
Q: Employer forcing me to relocate out of state or be fired, signed a non compete so I can't get work in Houston. What now?

In Texas, stated specifically that I wasn't willing to move before employment. I received no special knowledge or benefit for non compete, the knowledge is generally known. I cannot work within 50 miles from or within year after leaving my employer. My question is, if I am forced to move to another... Read more »

C.Doris Okafor Dike
C.Doris Okafor Dike answered on Aug 9, 2019

Hello, I would suggest having a Texas lawyer review your entire agreement. Non-competes in Texas are enforceable under certain circumstances. 50 miles seems like a huge area but I would need to see the whole agreement to really answer this question.

Restrictive covenants or noncompete...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Job applications and felony convictions what is the rights of the applicant and of the employer?

I filled out a job application and I have a felony I check the box and inside wrote the dates and what city the crime occurred in I also wrote will explain further when needed what are my rights the employer sent me back a message stating

Thank you for your interest in employment... Read more »

Roy Lee Warren
Roy Lee Warren answered on Jul 29, 2019

Thank you for your question. This is an evolving area under the law. The State of Texas provides a website with the the following:

6.4 JOB SEARCH WITH CRIMINAL RECORD

It is important for a person with a criminal history to be up front about their experience and explain the...
Read more »

1 Answer | Asked in Employment Law for Texas on
Q: I am a 17-year-old male in Austin Texas, I was wondering when I am entitled to a break based on hours worked.
Matthew Valley
Matthew Valley answered on Jul 24, 2019

Neither Texas nor Federal law require an employer to give employees a break during their shift. Their is an exception for breastfeeding mothers who must receive a lunch break of at least 30 minutes.

1 Answer | Asked in Car Accidents and Employment Law for Texas on
Q: I worked for car dealer and they let me use the cars in the lot. On Sunday I got hit, little damage

on the right front fender (I was not a the scene,found it like that). I got fired and now he wants to withhold my commission from a two car sales last week? If this is legal, how can I make sure he is not overcharging for the repair and adding extras to the damage?

Peter N. Munsing
Peter N. Munsing answered on Jul 11, 2019

Contact a member of the Texas Trial Lawyers Assn who handles employment matters. It's not legal to withhold pay. If the fender damage was not your fault tell him his dealer insurance should cover.

If fired you can collect unemployment as you would contest his saying it's for "good cause"...
Read more »

1 Answer | Asked in Contracts, Employment Law, Appeals / Appellate Law and Business Law for Texas on
Q: Is non-compete likely enforceable?

I am an associate dentist in Texas. I signed a do-not-compete with my previous office (a DSO) for 10 miles for 2 years after leaving (It has now been ~1/2 yr). I left due to the company trying to move me into another office (I did not agree to this per the contract) after working there ~1 year. The... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 5, 2019

You have raised several important facts that may enable you to avoid the larger issue altogether. Hire a local lawyer in San Antonio and ask them to tell you if the way you were treated under the written employment agreement is bad enough to support a case of breach; if it is, have your lawyer try... Read more »

1 Answer | Asked in Child Support, Criminal Law, Employment Law and Federal Crimes for Texas on
Q: What do I do if the company I work for is not sending correct child support payments for ordered amounts

This set me back in arrears and am in the process of getting incarcerated.

Cheryl Ann Wulf
Cheryl Ann Wulf answered on May 20, 2019

I would suggest you speak to someone in the Human Resources to find out why they are not withholding the correct amount. It may be that they need a corrected withholding order or possibly you are not earning enough money for them to withhold the full amount. The income withholding order should... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: I'm still on WC, and DR. care and restrictions have not got an MMI... Employer call said about FMLA is about to expire.

Not sure they are getting the 73. ask about if I was on restrictions, to see if they can find something for me or said maybe I would have to resign... Kind of confuse why would they put me on FMLA when it's a work injury not ask to for leave to take care of a family member...

S. Michael Graham
S. Michael Graham answered on May 15, 2019

FMLA is based upon a federal statute that allows an individual to be off from work for 12 weeks and the employer cannot fire them "for being off work". After the 12 weeks expires, unless the company has a different policy, they can terminate your employment despite the fact that you are off for an... Read more »

1 Answer | Asked in Contracts, Employment Law and Business Law for Texas on
Q: Is it legal for a property management company to force a contractor to fill out a questionnaire inquiring if we the con

Is it legal for a property management company to withhold payment and force a contractor to fill out a questionnaire inquiring if we the conTractor or contractor’s employees are part of any civil or criminal actions, administrative, or legal proceedings? Not that we are but I found it odd that... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 3, 2019

Yes, it is perfectly legal for property management companies to require such sensitive information from contractors, as well as all other venders. In fact, many property management companies require vendors to post surety bonds before hiring them.

Bottom line: If you ever want to work for...
Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Question about not being hired?

My husband and I are from Texas. We applied for a ranch job in Montana with a corporate office out of Florida. They told us we were hired as long as we didn’t have any convictions. They ran the background check, told us to sell all of our stuff and get ready to get on the road. We sold all of our... Read more »

Matthew Valley
Matthew Valley answered on Apr 27, 2019

You need to consult with a local employment or plaintiff’s lawyer. Depending on the particulars of your situation there may be a possible cause based in promissory estoppel. A consult with a local attorney could help you determine if promissory estoppel or some other cause of action applies in... Read more »

1 Answer | Asked in Employment Law, Federal Crimes, Tax Law and Antitrust for Texas on
Q: Who can enforce theft by an employer of employee withholdings and deductions?

This is not an isolated incident this is I believe, all employees over 5 years and at one point there was over a hundred employees. He has deducted for taxes Medicare social security child support none of which has ever been submitted to any of their respective places. I am still suffering behind... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 22, 2019

If any of these allegations are true you should report everything you know to the federal authorities responsible for maintaining these financial records; state with the Social Security Administration and the IRS.

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: Can an Employer threaten your job for requesting to file an on the job injury, i work for the post office

I work at the post office and i had injured my back and shoulder and when i requested to file an injury for workmans comp to pay the supervisor said that if i tried to file it would jeopardize my employment with them

Roy Lee Warren
Roy Lee Warren answered on Apr 15, 2019

They absolutely cannot terminate your job for filing a wc claim. However you could lose your job if your injuries prevent you from being able to perform your job, but that would be true whether you filed a claim or not. Also once you told the supervisor about your claim (s)he must file the claim,... Read more »

2 Answers | Asked in Criminal Law and Employment Law for Texas on
Q: CAN I BE ARRESTED FOR NO LICENSE PLATE, NO INSPECTION STICKER AND DEFECTIVE EQUIPMENT IN TEXAS OR LOUISIANA?

MY EMPLOYER FORCED MYSELF AND OTHERS TO DRIVE THESE TYPE VEHICLES.

Grant St Julian III
Grant St Julian III answered on Feb 21, 2019

A warrant is basically an order from a court instructing law enforcement to take a person into custody. A warrant for a ticket is the same as a warrant for murder, so yes, you can be arrested for the offenses listed if warrants are issued. Call an attorney in the county where the cases are... Read more »

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1 Answer | Asked in Contracts, Criminal Law, Employment Law and Personal Injury for Texas on
Q: So if its stilen they cant keep it huh. Toggle me around anymore???

Paul. Super cape. Add on all the select.plus epay..missong carf and no corrresponding offices for 7 years.

Grant St Julian III
Grant St Julian III answered on Feb 20, 2019

I am not exactly sure of your question. Call an attorney in your area.

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
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 Law, Personal Injury and Workers' Compensation for Texas on
Q: If i'm off from 1 job for an injury, can i work second job with injury restrictions

Injured at 1 job, they don't carry workers comp insurance but are paying medical bills but won't let me work with my medical restrictions. I have a second job that i can work with my medical restrictions. Are there repercussions for working my second job either for me or my second employer?

Daniel John Christensen
Daniel John Christensen answered on Jan 14, 2019

There is nothing legally keeping you from working your second job that can be done with restricted or limited duty. But, you should be extremely careful so that you do not aggravate your injury, which the defense will use to argue they should not have to be responsible for treatment after that... Read more »

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