Texas Employment Law Questions & Answers

Q: CAN I BE ARRESTED FOR NO LICENSE PLATE, NO INSPECTION STICKER AND DEFECTIVE EQUIPMENT IN TEXAS OR LOUISIANA?

2 Answers | Asked in Criminal Law and Employment Law for Texas on
Answered on Feb 21, 2019
Grant St Julian III's answer
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 pending. Good luck.

Q: So if its stilen they cant keep it huh. Toggle me around anymore???

1 Answer | Asked in Contracts, Criminal Law, Employment Law and Personal Injury for Texas on
Answered on Feb 20, 2019
Grant St Julian III's answer
I am not exactly sure of your question. Call an attorney in your area.

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

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Texas on
Answered on Jan 28, 2019
Roy Lee Warren's answer
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 also should help your cause. You could be entitled to mileage for use of your car. Contact Texas Employment Commission. Good luck to you.

Q: If i'm off from 1 job for an injury, can i work second job with injury restrictions

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Texas on
Answered on Jan 14, 2019
Daniel John Christensen's answer
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 point. I can't speak to your case specifically without knowing more. I would recommend you hire a Board Certified Personal Injury Trial Lawyer like DC Law to get advice on your case. 512.888.9999.

Q: If I work right now with an EAD, is it possible for my green card status to go to a pending status?

1 Answer | Asked in Employment Law and Immigration Law for Texas on
Answered on Dec 17, 2018
Hector E. Quiroga's answer
One cannot simply apply for a work authorization; there has to be an underlying basis for it. If you have that basis, then working prior should have no impact on your ability to apply for a green card. If you have no other basis to apply for a work authorization, you might as well apply for the green card, all other factors being equal. It is possible to apply for work authorization while your green card is being adjudicated.

Q: Who is responsible for paying fines for statue 65-1-26 citation, the driver or the company they are driving for

1 Answer | Asked in Employment Law and Traffic Tickets for Texas on
Answered on Nov 29, 2018
Grant St Julian III's answer
The operator of any motor vehicle is responsible for all citations arising out of the operation of said motor vehicle.

Q: Can employer force you to file a workers comp claim for an injury that occurred outside of work, not in the work place?

2 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for Texas on
Answered on Nov 29, 2018
S. Michael Graham's answer
There is no reason to file a workers' comp claim if the incident was not work related. Work related injuries can occur off the premises if the incident occurred while you were in the course and scope of employment.

Q: I just got terminated from my work. I have approximately 85 hours of vacation time I accrued. Can they keep it?

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Answered on Nov 28, 2018
Roy Lee Warren's answer
Many times it may depend on the employer's policies. I will provide you a link to the Texas Payday" laws with TWC which I am sure will provide the answers you seek. Good luck.

Final Wages

Delivery of final wages can be made by the methods listed above. If an employee is laid off, discharged, fired, or otherwise involuntarily separated from employment, the final pay is due within six (6) calendar days of discharge. If the employee quits, retires, resigns, or otherwise leaves...

Q: I

1 Answer | Asked in Employment Law, Workers' Compensation and Car Accidents for Texas on
Answered on Oct 11, 2018
Peter N. Munsing's answer
You have a claim for your injuries and lost wages. Contact a member of the Texas Trial Lawyers Assn for the County where it happened. They give free consultations.

Q: Can i withhold a nanny's paycheck if she quits without 2 weeks notice as agreed in the contract?

1 Answer | Asked in Contracts and Employment Law for Texas on
Answered on Oct 4, 2018
Tammy Lyn Wincott's answer
If the person worked the time and earned the wages, I suggest paying them. If your contract contains penalties for not giving two weeks notice, then proceed accordingly.

Q: If the hotel I work at is temp. shut down do to black mold, do we the employees get compensated for our losses?

2 Answers | Asked in Employment Law and Workers' Compensation for Texas on
Answered on Aug 24, 2018
S. Michael Graham's answer
You would not get paid. This is really an employment and Labor law question as opposed to workers’ comp which deals with on the job injuries.

Q: My son works for Domino's Pizza in TX, and he was in a car accident (fault of the other person) while on a delivery.

2 Answers | Asked in Employment Law, Workers' Compensation and Car Accidents for Texas on
Answered on Jul 10, 2018
S. Michael Graham's answer
If the employer purchased a policy of workers' compensation, your son could get his medical expenses and lost time paid through the workers' comp carrier. You cannot collect pain and suffering under workers' comp because it is a policy of insurance only. Your son could make a claim against the person that ran into him provided you can prove up fault. Under the tort claim, pain and suffering are legally allowable damages provided you can prove up pain and suffering. You need to contact an...

Q: Hey I recently applied for Gainesville state school and I had a situation about my conviction for criminal trespassing

1 Answer | Asked in Criminal Law and Employment Law for Texas on
Answered on May 17, 2018
Grant St Julian III's answer
Law enforcement and certain governmental and licensing agencies will retain information about criminal cases, even if an order of non-disclosure has been entered. What will happen in your specific case is unknown. Good luck.

Q: Starting a after school program at a school district. Wanting to know how to get a contract developed between partners.

1 Answer | Asked in Contracts, Employment Law, Business Formation and Education Law for Texas on
Answered on May 14, 2018
Benton R Patterson III's answer
An attorney would need to know more about the program to advise on what type of business structure to use. There are many factors to consider when forming a business. It would be best to have a lawyer review a contract with a school district.

Q: will a charge of "assault family violence" from 5 years ago affect employment after graduating from college?

2 Answers | Asked in Criminal Law, Domestic Violence, Employment Law and Family Law for Texas on
Answered on May 7, 2018
Grant St Julian III's answer
It will be up to the individual potential employer as to how a criminal record will affect a candidate. You will not be able to to work at any job that requires you to possess a firearm

Q: Been injured on the job and working with accommodations. If I quit, is workmans comp on the hook for the rest of rehab?

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Answered on Apr 9, 2018
Roy Lee Warren's answer
Yes, changing jobs does not affect your entitlement to life-time medical for your on the job injury.

Q: Extreme sexual advances daily by boss. He assaulted me yesterday while holding a firearm threatening to have me arrested

3 Answers | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Texas on
Answered on Apr 7, 2018
Gary D. Peak's answer
So if he is an Ex con, why not report him to police as felon in possession of a fire arm?

He is not required to sign any contract as Tx is an "at will" State, which means they can fire you without cause, subject to some limitations.

If this abusive boss, has a supervisor, you should document each of these events, what happened, where you were, any witnesses, etc. and report it to his supervisor.

Q: Hello sorry to contact you so early but I need advice due to harrasment on my job from supervisor.

1 Answer | Asked in Employment Law, Workers' Compensation, Appeals / Appellate Law and Health Care Law for Texas on
Answered on Apr 3, 2018
S. Michael Graham's answer
Mental trauma injury is not covered by workers' compensation unless it involved a one time event resulting in the trauma. If you have issues with your supervisor who is discriminating against you because you have an injury, you will need to consult with a labor and employment law attorney. Good Luck.

Q: Can I do something about all this things that are going on with this doctor? not all details were included.

1 Answer | Asked in Employment Law, Workers' Compensation, Medical Malpractice and Small Claims for Texas on
Answered on Mar 29, 2018
S. Michael Graham's answer
These are potential violations of the law which need to be addressed by the appropriate agencies like the state medical board, health department, OSHA, or district attorney's office. These violations do not fall under workers' comp which deals primarily with injured workers.

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