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Texas Employment Law 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

3 Answers | Asked in Employment Law for Texas on
Q: I am confused about the new DOL law about 1099s.

If I have a therapy practice, and have provisionally licensed folks providing 4 hours of service per week, previously they'd be 1099'd. With this new law, do they *have* to be W-2'd? It seems silly to W-2 someone that is only providing 4 hours of service per week. Any clarification... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2024

You mention a therapy practice and provisionally licensed folks. As I understand the laws pertaining to licensed therapists in Texas, a provisionally licensed therapist is required to be supervised by a licensed therapist. A worker who receives a Form 1099 is supposed to be an independent... View More

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1 Answer | Asked in Civil Rights and Employment Law for Texas on
Q: I have multiple questions regarding a matter that was brought to a detective and no legal action was made

I have a previous employer that is trying to wrongly accuse me of a felony type action. This matter has been brought to the local police department, and detective two years ago. When previous employer walked into my current employer tried to tell management that I had a previous felony and... View More

James L. Arrasmith
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answered on Mar 18, 2024

In situations where a previous employer is making unfounded accusations against you, particularly of a serious nature like felony actions, and is attempting to influence your current employment based on these allegations, it's important to understand your rights and the steps you can take to... 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 Family Law for Texas on
Q: After marriage, if you use two last names without a hyphen, can you use both last names interchangeably?

I am a physician and want to only use my maiden name in a professional setting, and my married name in personal life. I have a colleague in MA who signed her hospital contract under her maiden name only and practices with maiden name only. As a physician in TX, can I only have my maiden name on... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

Yes. Many professionals retain the name shown on their diplomas and professional licenses for exactly that reason. Of course, it is not required for a spouse to change her name at all upon marrying and increasingly women retain their maiden names upon marriage. It is still legal for a woman to... View More

1 Answer | Asked in Contracts, Copyright, Business Law and Employment Law for Texas on
Q: Do I have legal rights to photos and videos taken while working at a company?

For two years I worked at a dog training company. During this time I took photos and videos of the dogs and training for my personal social media, the companies, and for owner updates. When a past employee left the company she was told she wasn’t allowed to keep the images posted to her social... View More

James L. Arrasmith
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answered on Mar 2, 2024

When you create content such as photos and videos while working for a company, the ownership of that content often depends on the terms of your employment and any agreements you might have signed. In the absence of a specific contract regarding media rights, the situation can become complex.... View More

1 Answer | Asked in Employment Law for Texas on
Q: Annual Performance Bonus shortchanging recourse?

I run a plant after hiring in mid year. Performance target was hurt because of issues in Jan and Feb 23, before my hiring.

Since my arrival, performance (99.7%) exceeded the target (99%). Even if my performance was 100%, the target would not have been achieved for the year and I didn’t... View More

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

It depends on what your agreement says. In interpreting the agreement, the court can consider the facts and circumstances existing when you signed the agreement, any industry custom, and any past course of dealing. So, for example, if in the past, the company determined bonuses based on prorated... View More

1 Answer | Asked in Contracts and Employment Law for Texas on
Q: Employment agreement and expert witness work

My contract says I can serve as an expert witness “in a lawsuit, if not related to my employment at **.” Does this mean I’m allowed to expert witness as long as the suit doesn’t specifically relate to my employer or anyone also employed by the same company? OR does it restrict any expert... View More

John Michael Frick
John Michael Frick
answered on Feb 28, 2024

The excerpt of your contract included in your question standing alone could be interpreted either way. A court, construing this language, would consider the entire agreement along with the facts and circumstances existing at the time the agreement was signed, the manifest purpose of the agreement,... View More

1 Answer | Asked in Civil Rights and Employment Law for Texas on
Q: I need help looking for a lawyer in Texas to sue a major corporation in policy and procedures for human rights.

General summary of unlawful suspension and conduct of an employee and investigation for that employee

James L. Arrasmith
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answered on Feb 24, 2024

To find a lawyer in Texas to assist with your case against a major corporation regarding human rights violations and unlawful conduct, you can start by conducting research online. Look for law firms or individual attorneys who specialize in employment law, civil rights, or corporate litigation. You... View More

1 Answer | Asked in Immigration Law, Tax Law and Employment Law for Texas on
Q: I am on H1b, w2 of 2023 W2 reflects only $18,560 due to maternity, what documents are essential to explain the immigrati

- Arrived in the United States on a H4 visa in 2022.

- Transitioned to an H1-B visa in October 2022, although it remains unstamped.

- Labor Condition Application (LCA) for the H1-B indicated a wage of $80,000.

- 2023 W2 reflects only $18,560 due to an unpaid maternity leave... View More

James L. Arrasmith
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answered on Feb 22, 2024

The discrepancy between your 2023 W2 earnings and the Labor Condition Application (LCA) wage could potentially raise questions regarding your H1-B status, as H1-B visa regulations require that visa holders are paid at least the wage specified in the LCA. However, your situation involves legitimate... View More

1 Answer | Asked in Employment Law for Texas on
Q: Is there anything that can be done about this situation.?

To sum up my situation I quit my job in November last year because of my manager and coworkers. I was being ignored and doing extra work with no help because it was being said that I was taking pictures of the chef and sending it to our manager. Wasn’t true at all. I tried to explain myself and... View More

John Michael Frick
John Michael Frick
answered on Feb 21, 2024

It sounds like you have already taken action to remove yourself from the situation. You have no legal duty to take any further action now that you have quit. My recommendation is that you stop communications with your former manager and co-workers.

One of the principal advantages of the...
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2 Answers | Asked in Employment Law, Constitutional Law and Municipal Law for Texas on
Q: Put on a final for attendence written in november improve above a verbal but handbook says can change to convenience

Can an employer not approve municipal court for absence?

Can attendance guidelines be changed to companys convinience and not adhere to progressive disciplinary process? Can hr state a written can be removed if improvement but can be accelerated to final if problem reocurrs within 12 month... View More

James L. Arrasmith
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answered on Feb 22, 2024

Based on the information provided, there are several issues that raise concerns around the legality and ethics of the employer's attendance policies and actions:

- Employers typically cannot discipline employees for absences that are legally protected, such as approved FMLA, ADA...
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1 Answer | Asked in Employment Law and Intellectual Property for Texas on
Q: Intellectual property law for book written while working for a company.

Wrote a book on a topic very relevant to the company where I work. My personal connections made it possible. Roughly half of the time spent on the project was my own personal time, and I've spent a couple thousand dollars on the project that have not been reimbursed. I have kept good written... View More

James L. Arrasmith
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answered on Feb 4, 2024

Given your situation, where the work was done partially on your own time and without a specific contract addressing intellectual property rights, you might indeed have leverage in negotiating royalties for your book. The key factors in your favor are the lack of a clear intellectual property... View More

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Education Law for Texas on
Q: Can a teacher who has been cleared of wrongdoing remain on paid administrative leave indefinitely?

I'm a teacher who has been on paid administrative leave for months. The allegation was investigated and determined to not have happened (false allegation by disgruntled student). I have never had problems at the school, I have never been reprimanded or written up, my evaluations have always... View More

James L. Arrasmith
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answered on Jan 30, 2024

In your situation, remaining on paid administrative leave indefinitely after being cleared of wrongdoing is not typical. School districts generally have policies and procedures regarding the duration of administrative leave, especially after an investigation concludes with no evidence of... View More

1 Answer | Asked in Employment Law for Texas on
Q: How do I find out who my late husband was actually employed by?

I am confused about who my late husband was actually employed by, according to my husband it was Industrial Control Services, then he told me Rockwell Automation bought Industrial control services now I am told he was employed by Insperity Holdings for four years, which is an HR Company, my... View More

James L. Arrasmith
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answered on Jan 13, 2024

To clarify the employment history of your late husband, consider reviewing the W2 forms and other employment documents you possess. These should indicate the employer for each year. If there are discrepancies or missing information, contacting the human resources departments of the companies... View More

2 Answers | Asked in Employment Law and Immigration Law for Texas on
Q: Is it considered unauthorized work on OPT if I performed the same work in my home country but volunteer in the US?

My major is in STEM but I also enjoy doing graphic design work. If I do it as a volunteer hobbyist in the USA while having my full time job in the USA, but get paid creating and selling my designs while physically present in the USA, would that violate my status? My home country is close by to the... View More

James L. Arrasmith
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answered on Dec 22, 2023

When you're on Optional Practical Training (OPT) in the U.S., it's crucial to adhere to the specific rules and regulations that govern this status. OPT is designed to provide practical training experience that is directly related to your major area of study.

If you engage in...
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1 Answer | Asked in Employment Law and Constitutional Law for Texas on
Q: Can your employer ask you for a copy of your ISP bill if you work remotely from home?
James L. Arrasmith
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answered on Dec 17, 2023

In Texas, an employer may request a copy of your ISP (Internet Service Provider) bill if you are working remotely. This request is generally considered reasonable, especially if the employer needs to verify your internet expenses for reimbursement purposes or to ensure that you have adequate... View More

1 Answer | Asked in Bankruptcy and Employment Law for Texas on
Q: I am a priority claimant and former employee in a chapter 11 case in South Texas. What support is available to me?

My Claim ($560K) has been disputed stating the claim exceeds the statutory limit for priority claims under code 507 (a) (4) and to be moved to "disputed".

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 14, 2023

There is a statutory limit per employee of about $13,500 or so for priority (exact amount depends when the bankruptcy case was filed). The remaining amount of the claim would be reclassified as a general unsecured claim (unless there is another basis for objection). You may want to reach out to... View More

1 Answer | Asked in Employment Law and Tax Law for Texas on
Q: Is my situation eligible for a lawsuit or investigation against the corporation I work for? I didn't get paid correctly.

I got hired by Xerox Corp. as a full time employee, however, I never received an email to complete my W4. No Orientation Day existed. I have received my first 3 paychecks through direct deposit but had no access to my paystubs until I figured it out later. When I got access to my paystubs I notice... View More

John Michael Frick
John Michael Frick
answered on Dec 11, 2023

I can't see how you have been substantially harmed by the company withholding a larger amount for income taxes since any overpayment will be refunded to you when you file your taxes. At best, you might be entitled to the interest you would have been able to earn on the difference between the... 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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