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Texas Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Texas on
Q: Buenas tardes , quisiera saber como me puedo asesorar para demandar una compañia que me despidió injustificadamente
S. Michael Graham
S. Michael Graham answered on May 18, 2020

Hola Me LLamo Michael Graham. Si puedo llamar mi officina es mejor. No hablo mucho espanol. Si tiene una persona qua habla English para eusted es mas mejor. Gracias.

1 Answer | Asked in Legal Malpractice and Employment Law for Texas on
Q: Can a counseling private practice sue you if some of the clients you see insist on following you to receive counseling s

services at another location?

Carrie Dyer
Carrie Dyer answered on May 13, 2020

Your question does not provide enough detail to fully analyze this situation. The answer depends on whether you have an enforceable non-compete or non-solicitation agreement with your former employer. You should consult an employment attorney in your area for advice.

1 Answer | Asked in Employment Law, Personal Injury, Employment Discrimination and Health Care Law for Texas on
Q: Do I have any recourse on either of these?

I was hurt late last summer as I fell/thrown off the side of a goose neck trailer. I was taken to a Concentra for a drug test not for my injury. I never went to the doctor thinking I was just bruised and also having no insurance. I also never said that my back was still hurting because of the... Read more »

Tim Akpinar
Tim Akpinar answered on May 12, 2020

I'm sorry for your ordeal. Unfortunately, it wouldn't be treated as a personal injury case because it looks like it took place in the course of employment. In terms of no insurance, if there was workers' comp if effect, that might have covered medical expenses. A WC attorney could... Read more »

1 Answer | Asked in Employment Law, Criminal Law and Workers' Compensation for Texas on
Q: Hello, I was wondering what I could do about a labor job I did for a lady. I found her on Craigslist and my ex coworker

And I dug up dirt in one of her rental houses backyard. The original agreement was to dig up and put back the dirt for some pipes for $500. She didn’t pay us anything the day we dug it up. My then coworker was unprofessional and harassed her with phone calls to get some form of payment. We went... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 5, 2020

This does not sound like a criminal law question but maybe you could file a small claims lawsuit in civil court. Contact the Justice of the Peace court for the address where the work was done.

1 Answer | Asked in Criminal Law and Employment Law for Texas on
Q: Denied employment due to criminal history. Recently got an order of non-disclosure. Reapply?

I was denied employment a few years ago due to my criminal history that is now sealed through an order of non-disclosure. Can the employer use this now that it is sealed? Should I attempted to reapply? Thank you.

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 30, 2020

The employer can continue to use any old records they might still have from your first application. If the employer uses data directly from Texas DPS then it usually only takes them a few weeks to stop reporting the case. However, most employers get background reports from third-party data... Read more »

1 Answer | Asked in Criminal Law and Employment Law for Texas on
Q: Can I file charges against him or can he sue my bussiness. Or take any legal action

A employee of mine got in a anothers co workers face. And launched verbal insults and threatened to hurt him and the employee he threatened punched him and pulled out a knife. quit and walked out citing fear for his life. . After calming down. Can I file charges against him or can he sue my... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 28, 2020

Anyone can sue anyone else for anything. Whether or not they win is a different story. Did you provide an unsafe work environment? Who knows! Talk to an attorney who practices civil law.

As for criminal law, an imminent threat to do something that causes pain is Assault. In most...
Read more »

1 Answer | Asked in Employment Law and Immigration Law for Texas on
Q: I’m a L-1 visa, can I apply for unemployment benefits due to coronavirus outbreak?

I work for a hotel as manager with an L1 visa, due to corona virus we had to close until further notice, I tried to apply for unemployment benefits online but requires the alien registration number ( which I don’t have). Also I don’t want this to affect my migration status

Adan Vega
Adan Vega answered on Apr 25, 2020

Those who are not citizens can apply and receive unemployment benefits if all of the state requirements are fulfilled.

You must have a valid work permit or any immigration status that allows you to work such as a green card, asylee, DACA or TPS status.

You must be authorized to work...
Read more »

1 Answer | Asked in Criminal Law, Employment Law, Family Law and Civil Litigation for Texas on
Q: I was married tin she has a slip fall case and a asbestos wrongful death suit for her father not inheritance am I

Entitled to any deportation of these asbestos suit in a trust soon to be released or I was told she may be hiding from me

Tim Akpinar
Tim Akpinar answered on Apr 24, 2020

It would depend on how the claims were framed, in terms of damages sought and claimants identified. Your post remains open for two weeks. You would need to contact an attorney in Texas if you wanted to discuss in further detail.

Tim Akpinar

1 Answer | Asked in Employment Law and Tax Law for Texas on
Q: What can I do if my boss has misfiled his employee taxes and as a resut, I am being denied unemployment?

I am in Louisiana. My case is going into its final appeal because they made the decision before they saw any of my evidence that I faxed. My boss not only paid in $1,400 to an employee that was fired, which was part of my quarterly income, but then he skipped a quarter of my income. Then he paid me... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 9, 2020

Most if not all states keep very close tabs on employers who "skip" paying payroll taxes; so the agency you are dealing with is now aware that your employer has violated state and federal laws, thus causing you (and other employees?) to be denied unemployment benefits. Because you... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: What qualifies as religious discrimination

My employer says i can take Easter off, but I'm doing so I'll accrue a recorded penalty as well as docket pay for the entire 2 week pay period.

Greg Mansell
Greg Mansell answered on Apr 8, 2020

The law requires an employer or other covered entity to reasonably accommodate an employee's religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer's business. This means an employer may be required to make reasonable... Read more »

2 Answers | Asked in Employment Law for Texas on
Q: Not getting paid for full shift

My daughter works in fast food and her hours have been cut. She was scheduled to work a 3 hour shift but was told by management if there were no customers she had to punch out and punch back in when one arrived, thus not getting paid for the full 3 hour shift. She had to sit at a table in the... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 8, 2020

Your daughter may have a claim under the Fair Labor Standards Act. Whether this type of "waiting time" is compensable time depends on the particular circumstances. When an employee is "engaged to wait," the time spent waiting must be paid. If an employee is "waiting to... Read more »

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1 Answer | Asked in Employment Law for Texas on
Q: Can an employer refuse to pay their staff after saying that they would for a certain amount of time?

My employer told those who qualified would receive pay from March 19th- April 2nd. We were just told today that we would not be receiving said pay the day before we would get paid. Just wondering if they actually can do that.

Roy Lee Warren
Roy Lee Warren answered on Apr 1, 2020

I would look at the promise to pay as a contract type of agreement. To have a legal contract there must be an offer and acceptance and "consideration". "Consideration" means that each party agrees to provide something of value to the other. This can be an affirmative offering... Read more »

1 Answer | Asked in Employment Law and Immigration Law for Texas on
Q: Getting unemployment benefits affect on citizenship??

I live in Houston and I work at the mall as a salesman. Because of the coronavirus, mall got closed and our store was closed too. And I don't know when mall will be reopen, therefore I applied for unemployment benefits. So, I want to know these Benefit does it affect on my Citizenship? ( I... Read more »

Adan Vega
Adan Vega answered on Mar 22, 2020

The receipt of public assistance such as unemployment benefits is not an automatic bar to naturalization if you have not engaged in unlawful behavior including committing fraud. However, USCIS may view the receipt of benefits as a factor regarding your “good moral character “. You may want to... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Construction Law for Texas on
Q: The day he died, my ex-hub's GF filed a FORGED change-of-benef'ry form to steal his BAC ret $. What can I do about it?

Several months after he died, I was notified that I was still benefcy of his BAC annuities fund. Surprised he hadn't changed this in 8 years since divorce, I called the BAC Intl to confirm details. It was the assisting clerk who noticed the date on a change-of-beneficiary form was the exact... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 5, 2020

There might be both a civil and criminal case that comes out of this but I notice this question is marked for both Texas and Arkansas. The first thing you should do is figure out WHERE the forged document was USED and then re-post your question in just that one state, no matter where you are... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Clock in time dispute with company

My fellow employees and I are having a dispute over compensable time while driving a company vehicle. We are granted access to a company website at 7:00 a.m. to see our routes. I clock in at this time to prepare my route (rearrange drive for optimization), attempt to remotely fix jobs/read notes to... Read more »

Greg Mansell
Greg Mansell answered on Mar 4, 2020

You should contact an employment lawyer in Texas. Your employer must start paying you when you start performing work that is “integral and indispensable” to the performance of your job. Based on what you stated in your inquiry, checking the website to get this information is 100% necessary for... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Trying to see if I have a case on wrongful termination from my job

Care provider on light duty the company let me for being on light duty did not interfere with my job

Carrie Dyer
Carrie Dyer answered on Feb 26, 2020

More details are needed to evaluate your case. You should contact an employment attorney to discuss whether your employer would be liable under the Americans with Disabilities Act for failing to accommodate you and terminating your employment. If you are disabled and you requested an... Read more »

1 Answer | Asked in Consumer Law, Employment Law and Trademark for Texas on
Q: Can I open a boutique with my daughters name and her middle name. The boutique would be called A*** Rose Boutique?

The clothing is aimed towards teens and older girls can I get in trouble for using the name since Rose is trademarked but there other boutiques using it? I’ve also have tried about 50 other names but they’re all taken so this is my last option hopefully.

Tania Maria Williams
Tania Maria Williams answered on Feb 25, 2020

The trademark examiner will be looking for a likelihood of confusion for other marks within the same class. Use of the word “Rose” doesn’t necessarily preclude your use of the word but enlisting an attorney to do a comprehensive trademark search is your best bet. Sometimes, I have helped... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Company will not give me my money they owe me. What can I do to get my pay
Miguel Angel Salazar
Miguel Angel Salazar answered on Feb 24, 2020

Texas has strict Payday laws. The Texas Workforce Commission (TWC) has and administrative procedure for employees. That would be the recommended approach depending on the complexity of the issues. If TWC does not provide a sufficient or adequate remedy then a lawyer would need to be retained.

1 Answer | Asked in Employment Law and Tax Law for Texas on
Q: Should a church hire as employees musicians who occasionally play, or is it OK to treat them as independent contractors?

Many churches have 'worship teams'—teams of musicians who play many or most Sundays per year, and I understand how they would probably need to treat those musicians as employees. The church in question, however, occasionally has professional musicians from local orchestras play music on... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 20, 2020

The test for employee vs independent contractor is multi factored. There's not enough information here to provide an answer.

California is aggressive on reclassifying contractors as employees but that doesn't matter if you're not in California.

if you go talk to an...
Read more »

1 Answer | Asked in Employment Law for Texas on
Q: my lead asked if they could record our conversation. I said yes and then without asking I recorded as well

I told my lead/supervisor yes they could record the conversation but I didnt ask if I could in return and I did. Is that illegal.

Carrie Dyer
Carrie Dyer answered on Feb 12, 2020

Texas is a one-party consent state, so as long as you were a party to the conversation that you recorded, it is not illegal. However, your employer may have a policy in place prohibiting employees from recording conversations in the workplace without the consent of all parties.

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