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Texas Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Texas on
Q: My boss took money out of my account with out telling me. Is this legal.

My boss gave me to heads up she was taking money out of my check. I am paid salary and never has she ever not paid me for days the shop was closed but for some reason she thought it would be ok to not pay me or the rest of the company salary or not for the 30th and 31st is December 2019 with out... Read more »

Kyle Anderson
Kyle Anderson answered on Jan 23, 2020

More facts are needed to fully evaluate your situation. However, in certain circumstances, deductions from an employee's salary are permissible if the employee is absent from work for one full day or more full days. It would not be permissible to deduct if an employee is only absent for a half day,... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: I’m looking for an employment law attorney or litigation attorney I got the letter from EEOC right to sue I need help

I got let go while I was off work on disability wrongful termination TEC found in their findings it was medical verifiable illness so I won my case it to EC I did collect unemployment

Kyle Anderson
Kyle Anderson answered on Jan 23, 2020

Hi, you should search for employment law attorneys in your state. Some you may be able to find through Google. Good luck moving forward.

1 Answer | Asked in Employment Law for Texas on
Q: My and my fiance work at a motel. We are salary and work 24/7. My boss also includes the rent as payment. This legal?

He pays both of us 250 a week and put the check in my name. He said that the amount we pay in rent is also part of our pay. We get no overtime or holiday pay. I never get any days off but once a year. Even if I go run an errand I still have to answer phones. I want to know if this is legal and if... Read more »

Roy Lee Warren
Roy Lee Warren answered on Jan 9, 2020

I am sorry but you will need to speak with someone to give the factual details but this is not a forum that you should use. The best advise I can offer is to contact the Texas Workforce Commission, (TWC) the regulating agency for employers. Considering all the hours you work along with pay, if you... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Do I have any legal grounds disputing that Lyft will not hire as a driver because of a misdemeanor and overlooking my

20 year honorable Naval career?

Roy Lee Warren
Roy Lee Warren answered on Jan 9, 2020

No, sorry. I agree that your naval career should account for positive point but Texas is an at will employment state so it is very difficult to "make" an employer hire you.

1 Answer | Asked in Employment Law for Texas on
Q: A partner and I are opening a restaurant in Frisco. Can our 11 (almost 12) year old work there (even if for free)?

We do serve alcohol but we know you must be 18. We serve ice cream and they would serve some or wipe down tables/sweep. It’s just on weekends for a few hours.

Roy Lee Warren
Roy Lee Warren answered on Jan 9, 2020

If the 11/12 year old is your child, they can work but the type of work is limited as are the hours. See below. As for alcohol, believe it or not, if a minor is within eyesight of parent or guardian they can actually drink but to serve such beverages I think they must be 21.

Texas Labor...
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1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: is this a sue-able offense

Delivery driver 7 months (for company that delivers for amazon) , terminated because amazon giving fewer routes in in middle of work week, say cant use paid time off, are they suppose to pay me in full after 6 days or if its weekly pay, its on their own timeline what about the paid time off, since... Read more »

Roy Lee Warren
Roy Lee Warren answered on Jan 9, 2020

I suggest you speak with an employment lawyer. This is listed under wc, but it is not a wc type of case.

You may be able to get assistance from the Texas Workforce Commission (TWC). There is an office in Houston. The website is at: https://twc.texas.gov/jobseekers/employee-rights-laws

1 Answer | Asked in Employment Law for Texas on
Q: I joined the USMC and at moment of truth I told them i did a few drugs and denied my waiver and got a els discharge

Fraudulent discharge/ els (entry level seperation discharge). If I want to apply for the police, do they need to know since I was only there for a couple of days? Will it effect my job carrier? Do I need to tell every employer?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 6, 2020

This is a moral and ethical question that complete strangers cannot answer for you.

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: My husband was an owner operator truck driver we live in tx his employers in Oklahoma. He had a heart attack while on a

Load in Virginia. It was normal not to hear from him for a couple of days because he was lroably out of our cell range . the nigjt came and I befin to worry so much called.my son's all of us plus his friends despertly trying reaching him my.son called.his employer they told him over tbe ohone their... Read more »

Roy Lee Warren
Roy Lee Warren answered on Dec 30, 2019

Thanks for your question; I will try to give you the best answer I can given the complexity. I am very sorry for your loss and because your situation is complicated you need to seek legal counsel, but I am sure you already know that so I can give you a better answer than that, right?

Before...
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1 Answer | Asked in Employment Law for Texas on
Q: Can a Texas sheriff require his deputy (ies) to both wear and pay out-of-pocket for specific uniforms?

Can deputy be fired for non-compliance?

Roy Lee Warren
Roy Lee Warren answered on Dec 30, 2019

Thanks for your question. Texas is an "at will" employment state, meaning employees can be fired for any reason at all, as long as it is not for a Constitutionally protected right (i.e. race, religion...). As for requiring a deputy to purchase their own uniforms, yes, just as nurses must purchase... Read more »

1 Answer | Asked in Employment Law, Tax Law and Bankruptcy for Texas on
Q: If a state employee knowing filed personal income tax returns under the wrong filing status can they be terminated
Timothy Denison
Timothy Denison answered on Dec 13, 2019

Probably not but they will have to amend the return.

1 Answer | Asked in Employment Law for Texas on
Q: fired because a customer says they did not sign the work order when they actually did
Greg Mansell
Greg Mansell answered on Dec 12, 2019

This is not "fair" but it does not violate the law unless it is a pretext (cover up) for unlawful discrimination or retaliation. Additional options may apply if you are covered by a Collective Bargaining Agreement.

1 Answer | Asked in Employment Law, Estate Planning and Identity Theft for Texas on
Q: How to get Fidelity 401k to unlock my account.

I have had id theft issues for years. Recently this affected my 401k my account was locked due to thief tried to access account and changed email address. They said they needed to verify my identity and so I sent them copies of dl, ssn and also sent them several police reports that I have... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 3, 2019

Roll that account over to an IRA with a different custodian. The new custodian will help you get it rolled over. Fees might be higher but at least you will get access to your funds. Before you withdraw from it make sure you understand the tax implications.

1 Answer | Asked in Employment Law and Tax Law for Texas on
Q: can employer deduct employees pay to pay employer payroll taxes? Employer is already deducting employees payroll taxes

If I understand your question correctly you are asking if the employer can deduct both the employee's share of payroll taxes and the employer's share of payroll taxes. No, the employer has to pay their share. The only taxes deducted from your paycheck should be the taxes you are responsible for... Read more »

1 Answer | Asked in Contracts, Employment Law, Personal Injury and Real Estate Law for Texas on
Q: Hi, I'm researching builders to use. Whats the best way to see if they have any lawsuits within past 5 years?

Just want to see if any individual or entity has sued them for anything and what the nature of the lawsuit is. Is there a database online that I can use?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 3, 2019

If you're looking in Texas, I suggest checking the county property records and county court records to see if there has been anything. Most of it is public information.

1 Answer | Asked in Employment Law for Texas on
Q: Can my former employer refuse to pay me for PTO upon termination?

It was determined by the Texas Workforce Commission that I was terminated without cause and unemployment benefits are being paid. Can I now request and get paid the the 56 hour of PTO owed me since my termination was without cause? Their appeal deadline has passed and no appeal was made by my... Read more »

Roy Lee Warren
Roy Lee Warren answered on Sep 11, 2019

Yes I believe you should get paid for that if the employer has it in writing you will accrue vacation time and your employer should be penalized for not already paying you for that because it must pay your final pay w/i 6 days. The Texas Employment Commission can also help you with that claim as... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: I have two jobs and I was hurt while at one. The dr took me off work. WIll having the second job affect my claim?

My first job is a school bus driving, the second job is a desk job. I tore my meniscus on my left leg.

Roy Lee Warren
Roy Lee Warren answered on Sep 11, 2019

Of course, but perhaps not in the way you may believe. If you are taken off work from both jobs the carrier must base your income benefits on your total earnings from both jobs. [Total wages (and benefits if stopped while off work) for the past 13 weeks divided by 13 to arrive at your average... Read more »

1 Answer | Asked in Employment Law and Libel & Slander for Texas on
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 »

C.Doris Okafor Dike
C.Doris Okafor Dike answered on Aug 9, 2019

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?

1 Answer | Asked in Employment Law for Texas on
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 »

C.Doris Okafor Dike
C.Doris Okafor Dike answered on Aug 9, 2019

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...
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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
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 »

Roy Lee Warren
Roy Lee Warren answered on Jul 29, 2019

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 »

1 Answer | Asked in Employment Law for Texas on
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.
Matthew Valley
Matthew Valley answered on Jul 24, 2019

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.

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