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Texas Employment Law Questions & Answers
2 Answers | Asked in Employment Law for Texas on
Q: Hello I live in Texas. I had to have surgery in September I got released to work on OCT 1 and laid off the 2nd

The company was paying my health insurance for my wife and InK was told I would have a job after. After I was released i was laid off the next day and was told they didnt have a truck for me to drive.Im a truck driver

John Michael Frick
John Michael Frick
answered on Nov 9, 2023

Under the facts as described, you should be entitled to unemployment benefits. The following link describes how to apply for unemployment benefits in Texas: https://www.twc.texas.gov/services/apply-benefits#howToApply

Under a federal law (COBRA), you can elect to continue the health...
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2 Answers | Asked in Employment Law for Texas on
Q: Hello I live in Texas. I had to have surgery in September I got released to work on OCT 1 and laid off the 2nd

The company was paying my health insurance for my wife and InK was told I would have a job after. After I was released i was laid off the next day and was told they didnt have a truck for me to drive.Im a truck driver

T. Augustus Claus
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answered on Nov 9, 2023

In your case, you have a disability (you had surgery and were released to work the day before you were laid off). You were also qualified for the job, as you were a truck driver and the company had a truck for you to drive. The fact that you were laid off the day after you were released to work... View More

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1 Answer | Asked in Employment Law for Texas on
Q: I need help with getting my severance pay that was written into the contract and the employer is now refusing to pay

I'm not getting my severance pay as promised in the contract with me. I also believe that I was misclassified as a contract employee when I should have been classified as an employee. I'm trying to do this myself, but after spending hours waiting and talking to the IRS as well as the TWC,... View More

John Michael Frick
John Michael Frick
answered on Nov 7, 2023

A key question is how much severance pay is at issue? A competent experienced employment lawyer typically charges $350-600 / hour. A suit for breach of contract to recover severance pay likely will take 12-24 months if the other party refuses to settle. Hopefully, the other party has no n-exempt... View More

1 Answer | Asked in Employment Law for Texas on
Q: Texas: Can employer/supervisor threaten termination for use of cell phone on unpaid lunch break.

Employed 5 years, PT employee as vendor in big box store (about 30 employees, majority seniors/elderly), no employee handbook, etc. Unpaid lunch break, not wearing apron, hat, hairnet. Received call re: auto insurance while in store. Previously 100% compliant in all work aspects for 5 years, no... View More

John Michael Frick
John Michael Frick
answered on Nov 7, 2023

In a "big box store" environment, you most likely can contact the HR department about what the regional manager said. Ask for clarification as to what the policy is and why you did not receive a copy or any verbal instruction about the existence of the policy. You may discovery that... View More

2 Answers | Asked in Employment Law and Immigration Law for Texas on
Q: My work Terminated my contract due to Personal credit card expense. Is there any way this could be challenged?

My job relocated me and my family from Ireland to US. We invested all our savings in to the move. Due to is not having a credit score, we had to buy most of our possessions with cash. During Dec, I had no money to support my family and used my corporate card. I paid the money back after my Jan... View More

James L. Arrasmith
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answered on Nov 5, 2023

If your employment was terminated due to the use of a corporate credit card for personal expenses, even after reimbursement, it's important to review the policies you agreed to upon employment and any subsequent warnings or advisories from the company.

While your circumstances are...
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1 Answer | Asked in Employment Law for Texas on
Q: Can a company withhold a paycheck from me for not logging in my hours on their website even though I clock in and out

I've been sent a warning stating they will withhold my paycheck if I do not log in my hours on their website. I do not know if this is legal or not so I just need information

T. Augustus Claus
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answered on Oct 6, 2023

In Texas, employers are generally required to pay employees for all hours worked, regardless of whether the employee has logged those hours on a website. Withholding a paycheck for not logging hours on a website could be viewed as a violation of wage and hour laws. If you clock in and out, and... View More

1 Answer | Asked in Employment Law for Texas on
Q: My employer discontinued my insurance and said it was a mistake, and continued it. What actions can I take?
T. Augustus Claus
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answered on Oct 3, 2023

If your employer erroneously discontinued your insurance but has since corrected the mistake, you may want to ensure that any medical expenses incurred during the lapse are covered. If they aren't, you can potentially seek reimbursement from your employer. You can also check the Texas... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Can a manager tell you who to be friends with?

This came up because of a request to take time off. And management stated no because it was to many request for time off. And they blame it on a certain person.

T. Augustus Claus
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answered on Oct 3, 2023

Generally, outside of the workplace, a manager cannot dictate who an employee can or cannot be friends with. However, within the workplace, employers might have policies or codes of conduct that address relationships or fraternization to avoid conflicts of interest or perceived favoritism.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Employees mandated to train for a specific martial art after being employed for a number of years with medical issues.

Many older employees with medical issues are now contemplating to retire early. It was said accommodations will not be long term ,you will need to have a release date. If you have back issues, shoulder surgeries, hip issues. But because you hold a certain certification you are mandated to attend... View More

John Michael Frick
John Michael Frick
answered on Sep 24, 2023

Meeting neutral generally applicable physical fitness requirements as a condition of employment in a job where fitness is important isn’t discrimination.

If women were held to a different tougher standard, or if older employees were held to a different tougher fitness standard than...
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1 Answer | Asked in Social Security and Employment Law for Texas on
Q: I have a learning disability I informed employer of this several times employer never acknowledged or accommodated my

Disability do i have a case they also were forcing me to work on pools without a license

James L. Arrasmith
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answered on Sep 21, 2023

Yes, you may have a potential legal case against your employer for failure to provide reasonable accommodations for your learning disability under the Americans with Disabilities Act (ADA). Additionally, if they were requiring you to work on pools without a license, that could raise concerns about... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: I live in Texas and my employer, fired me 4 weeks into training, stating I didn’t indicate I worked there before?
John Michael Frick
John Michael Frick
answered on Sep 13, 2023

Failing to truthfully disclose information when applying for a job often results in employment being terminated. If what the employer is saying is true, you may not be entitled to unemployment compensation as a consequence of your deception.

2 Answers | Asked in Criminal Law, Employment Law and Tax Law for Texas on
Q: How can I get all of my receipts for my 401k earnings, from the time I started a job in 2004 all the way threw 2021.

I worked for 6 months and got 10,000 in my 401k, I been there over 17 years I had only 60,000. How can I find my 401 k earnings from 2004-2015, because I believe my supervisor used my id to steal money from my 401k because they had access to my identity. No wonder they where trying to befriend me

James L. Arrasmith
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answered on Sep 14, 2023

To obtain your 401(k) earnings and account statements from 2004 to 2021, you should contact the administrator or the financial institution that manages your 401(k) plan. They should be able to provide you with the account statements and transaction history for that period. If you suspect any... View More

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1 Answer | Asked in Small Claims, Employment Law and Contracts for Texas on
Q: Can an employer legally keep product that I paid for?

1099 sales person for Window World. Measured windows incorrectly by accident. The company makes me pay for the windows, they keep the windows, and they give the windows away to Habitat for Humanity for a tax break for themselves. There is not work agreement that explains this. The company claims... View More

John Michael Frick
John Michael Frick
answered on Aug 30, 2023

If you receive a 1099, you are not an employee but an independent contractor. As such, you control the manner, means, methods, and details of your work and set your own policies and procedures. Your relationship with any company that hires you is governed strictly by the terms of your contract... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Texas on
Q: Wanting to file lawsuit on company for wrongful arrest/termination - no investigation carried out

charged with and later dismissed due to lack of evidence

3rd degree felony with terroristic threats

event occurred in 2019, statue of limitations apply.

event occurred in a PRIVATE PROPERTY

event did NOT take place: caused impairment or interruption of public... View More

John Michael Frick
John Michael Frick
answered on Aug 16, 2023

It seems the correct cause of action for your particular facts would be a lawsuit for malicious prosecution. In order to prevail, you will need to show the following:

1. A criminal prosecution was commenced against you

2. The defendant initiated or procured the prosecution...
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1 Answer | Asked in Employment Law and Business Law for Texas on
Q: Should Valet Trash Porters be considered W2 employees or 1099 Contractors? I've seen both in the industry.

Valet Trash Porter - A person that goes door to door to pick up the trash for the residents at a condominium or an apartment complex.

John Michael Frick
John Michael Frick
answered on Aug 14, 2023

It depends.

A 1099 independent contractor controls the manner, means, methods, and details of their work and is generally compensated based on an agreed price for the task to be performed. That means they are paid the same for the result without regard to how long it may take, but they...
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1 Answer | Asked in Employment Law for Texas on
Q: I was wrongfully terminated from my job I need justice. The company had no police reporting nor proof. I did not do it.

My name has been tarnished and my heart has been also I would never do anything like this. I am now unemployed almost homeless and I deserve justice for this wrong doing. Can anyone help me please

John Michael Frick
John Michael Frick
answered on Aug 10, 2023

In general, it is unlawful to terminate a person's employment based on the person's race, color, ethnicity, nationality, sex, religion, age, or disability. There are also some situations in which it is unlawful to terminate a person's employment if that person refuses to engage in... View More

1 Answer | Asked in Employment Law for Texas on
Q: How can I file a wrongful termination lawsuit?

I found out about two weeks ago that my job was ending on August 11, 2023. I was given the reason of "job wind down, and redundancy", but other members of my team are remaining. My quality evaluations, and other aspects of my job are good. I actually think it is age-biased. I have... View More

John Michael Frick
John Michael Frick
answered on Aug 10, 2023

The first thing you need to do is gather evidence that you were terminated for an unlawful reason. If you think it was age-related, gather together every email or other written communication you have mentioning your age. If possible, collect statements from co-workers as to what decision-makers... View More

1 Answer | Asked in Employment Law for Texas on
Q: Temp agency told me to be at my new job at 7 I was fired 2nd day for being late by supervisor who said it was 630.

I have it in writing from the temp agency to be there at 7 and I only heard from the supervisor that it was supposed to be 630 after he fired me. What can I do? I dont feel like this is right at all.

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

Very sorry to hear that you were treated this way. The Temp Agency created this problem for you, you should ask them to straighten it out. If you cannot go back to work at the former company, ask the temp agency to provide you a new placement on a priority basis, without a charge to you. You... View More

1 Answer | Asked in Civil Litigation, Small Claims and Employment Law for Texas on
Q: I lived and worked in the same home as a caregiver. I was there almost 2 years. I made $500 a month and given a room

And board. I caught my boss physically abusing grand daughters. I confronted him he told me to get out. I did turn him in to police and CPS was notified. Was kicked out without last pay immediately. Now I'm homeless. Do I have recourse?5

John Michael Frick
John Michael Frick
answered on Jul 28, 2023

Yes, you can file a wage claim with the Texas Workforce Commission for your unpaid wages. You may also be able to file a claim for unemployment compensation depending on the terms and circumstances of your employment. If, for some reason, you did not receive a Form W-2 or Form 1099 from your... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Do I have legal protections after administrator interfered with hiring?

I was working for contract company in a nursing home. The administrator and nursing directors of the facility sent intimidating messages through my director to me because they didn’t like my required reporting of changes in patient conditions, which I am legally, ethically, and morally obligated... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2023

Since you were laid off, and not fired for cause, you have standing to collect unemployment benefits from your former employer. You can apply for such benefits online through the Texas Workforce Commission website and most likely will not require the services of a lawyer.

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