Texas Employment Law Questions & Answers
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 »
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?
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 »
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 »
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 »
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 »
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.
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.
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?
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 »
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 »
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 »
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.
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 »
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...
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 »
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 »
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 »
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 »
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 »
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 »
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.
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
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 »
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.
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 »
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.
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
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 »
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 »
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?
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 »
Q: If I work right now with an EAD, is it possible for my green card status to go to a pending status?
I want to work right now if I can without getting any process denied but, I want to get opinions from other lawyers.
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... Read more »
Q: Who is responsible for paying fines for statue 65-1-26 citation, the driver or the company they are driving for
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?
Only one day of work was missed, and the employee was fine to return to work the next day. The injury was unrelated to the job, happened outside of work; and the employee doesn't need workers compensation, just a day to rest at home and take some medication. Can the employee refuse the workers... Read more »
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: Husband's new boss refuses to pay wages owed after asking me to have sex with him for money. What can we do?
Husband is subcontractor in construction and was promised on going work. I was told his boss interested in administrator for company. During discussion while waiting for husband's return from assignment, the new boss asked me if i would have sex with him for money. After being declined, he... Read more »
Does the company have more than 15 employees?
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