A worker is an employee if the purchaser of that worker's service has the right to direct or control the worker, both as to the final results and as to the details of when, where, and how the work is done. Control need not actually be exercised; rather, if the service recipient has the right... View More

There is no "good" or "right" answer to your question. If you tell your employer that you even accidentally consumed THC under the mistaken impression it was a psychedelic, and your employer has a zero tolerance or drug-free policy, or your job involves the operation of... View More

A non-compete agreement can restrict your ability to move to a different company in Texas. It depends on whether the non-compete agreement itself is legally enforceable under the Covenants Not to Complete Act and whether the work you will be doing for the new company violates the terms of your... View More

You should contact a lawyer who practices in the area of employment law in or near the county where you work. Typically speaking, if your employer has enough employees to be covered by the applicable statutes, and you can show that your bipolar disorder qualifies as a bona fide disability, your... View More

In certain circumstances, you have the right to have a person of the same gender (not gender identity) serve as an observer during a drug test. If you fall into one of those circumstances, you--as a transgender woman--would have the right to insist that any observer be of the same gender (male as... View More

If the associate was an attorney in the law firm that represented you in the arbitration proceeding, he should not share your deposition transcript without your permission.

If the associate was an attorney in a law firm representing another party in that arbitration proceeding, he can... View More

The employer must either supply the uniform or provide notice to the employee of a third party vendor from which it can be obtained. An employer may deduct the reasonable cost of the uniform as well as cleaning costs from an employee's paycheck as long as doing so does not reduce the... View More

A lawyer who practices in the area of employment law ought to be able to answer your questions. This is a Q&A forum. You should search in the "Find a Lawyer" feature of Justia for an employment lawyer in or near the county where you were working at the time of the retaliation. The... View More

This type of tactic is unfortunately becoming increasingly common. Legally, it is difficult for a job applicant responding to such an ad to prove damages because the job applicant will decline the job offer if the compensation is substantially below what is advertised. At best, the job applicant... View More

If you are scheduled to work and you show up as scheduled, the employer is obligated to pay you. You could be entitled to a half day's pay as "show up pay." Check TX department of labor or search for TX wage laws. You can file a claim form. In direct response, no it is not legal for... View More

Other citizens aren’t pressing charges, only DA’s offices can do that. And while it’s annoying to deal with someone shouting curse words at you, it’s harder to establish whether that’s actually illegal conduct. You can report that behavior to the police and let them know that it’s... View More

Your question does not state any grounds for a cause of action against your employer. If you had a written employment agreement governing vacation days, there may be a claim, but you did not state that in your question and it is not common for hotel housekeepers to have written employment... View More

Employment retaliation is when an employer takes adverse action against an employee for engaging in protected activity. Protected activities include making a complaint to a governmental body, participating in workplace investigations, or opposing discrimination.

Adverse actions are actions... View More

If you refuse to sign it and your employer fires you, you will have an argument with the TWC as to whether your were fired "for cause." Your position would be that you refused to sign it because it isn't true.

On the other hand, if you sign it and your employer fires you,... View More

Because you are an at will employee, your boss cannot force you to change from a hybrid to an in-person position. All he can do is ask. If an agreement is not reached on whether moving forward you will be working hybrid or in-person, either you or your employer can terminate your employment... View More

No an employer cannot force an employee to sign such a document. However, if the employment relationship is at-will, there is no legal obligation on either party to continue the employment relationship if an agreement on this point is not reached.

If your employment contract with the university incorporates the faculty manual by reference, legally you are required to reimburse half of the salary advanced during the sabbatical on demand because you only worked one of the two academic years after the sabbatical. Legally, that means a single... View More

A Texas attorney could advise best, but your question remains open for two weeks. One option is to review your matter with a Texas attorney. The first thing they'll ask, which is not mentioned in your post, is whether you had a written agreement as to your commissions. That would be valuable.... View More

Generally speaking, the hourly pay rate of hourly employees is a matter of mutual negotiation and agreement between the employer and the employee. Commonly, there is no fixed term of employment and either party can terminate or attempt to renegotiate the relationship at will. That being said,... View More

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answered on Jul 23, 2024

If your credit score was damaged due to your employer's mistakes, it's important to address this issue directly. Start by gathering all relevant documentation, including pay stubs, child support payment records, and any communication with your employer. Contact the credit bureaus... View More