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Texas Employment Law Questions & Answers
2 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: Are employers allowed to force and administer a Covid 19 test
John Michael Frick
John Michael Frick
answered on Sep 21, 2022

No, but they can make it a condition of continued employment under many circumstances. If such a test is “job related and consistent with business necessity,” the employer can require a COVID-19 test as a condition of continued employment. This is largely being interpreted as meaning will the... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Is it illegal in Texas for an employer to withhold tips from an employee?

I worked part time for a company making the $7.25 minimum hourly wage. The company also had a tip pool on top of their pay, and employees were tipped equally every day. When I quit the job, the manager told me that they were going to withhold my tips from the previous day I had already worked. They... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 20, 2022

This is a tricky situation. Under federal law, employers are generally only required to pay you at least your state's minimum wage for each hour of work you perform. In the service industry, this means your server wage + your tips received must equal a ground total that averages out to an... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Banking and Identity Theft for Texas on
Q: My roommate came home yesterday with cashiers check made out to him with his name misspelled the cashiers check was for

$34,000. The next morning he took it to his boss to get advise. His boss told him to just go home and then meet him at his house at 2pm and he (the boss) would take him to cash it. At some point the boss told my roommate that he would give him $1000. So he then comes home and tells me everything... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Sep 19, 2022

Roommate needs to find a new boss. Don't cash check or he will be in jail

2 Answers | Asked in Contracts and Employment Law for Texas on
Q: In the state of Texas is a no hire clause enforceable if it’s between 2 businesses and the employee affected didn’t know

I work for a company who is a contractor for a bigger company. I recently applied to work for the bigger company, was offered a job, then told I couldn’t work for them because my current employer (their contractor) and them signed a contract with a no hire clause in it.

John Michael Frick
John Michael Frick
answered on Sep 14, 2022

An antipoaching or no-poaching agreement between two businesses may or may not be legal based on the language of the agreement and the particular circumstances of your particular case. Ordinarily, whether the employee knows about such an agreement is not a significant factor in determining whether... Read more »

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1 Answer | Asked in Employment Law for Texas on
Q: When repaying “training costs” to my employer, should I have to pay back overtime and benefits?

I was hired as a “trainee” while I completed the hours toward my certification. I signed a document that if I left less than 2 years after my certification I would pay back the training costs. I don’t feel like taxes, overtime and other benefits should be included in training costs.

John Michael Frick
John Michael Frick
answered on Sep 12, 2022

Unless you specified in your agreement that training costs includes taxes, overtime, and other benefits, I would think that a court would not construe those items as "training costs" using the ordinary definition of that term.

1 Answer | Asked in Contracts and Employment Law for Texas on
Q: Do Texas district courts have exclusive jurisdiction over at-will employment contract disputes? Case law please.

Can one remove a case from a justice of the peace court in Texas to a district court? If it is an at-will employment contract dispute.

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

No, in Texas, district courts do not have exclusive jurisdiction over at-will employment contract disputes. Under Section 24.007 of the Texas Government Code, a district court has jurisdiction of a civil matter in which the amount in controversy is more than $500, exclusive of interest. That is... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: I am a supervisor for a hwy construction comp. Been with them for over 35. Can the make me pay for an accident by one my

Employee's? Let me say never had any kind of accident in my job. Must add I was told you pay for this out of your own pocket or your fired. I was sent an email say the damage was $15,000. I'm 70yrs old I don't need this. Could anyone please guide to some options. Thanks

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

Unless you have a written employment agreement for a specific term of employment, your employer most likely can terminate you because one of the subordinates you are responsible to supervise caused an accident. However, legally, as an employee, your employer cannot successfully sue you for such... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: I work at a meat plant. Company policy is to show up 10-20 minutes early to change and then clock in. Is that legal?

They have written company policy clock in notices posted at each time clock. States employees must show up before their required shift to change into clothes provided on job site, but not to clock in until you are changed. Is that not considered work? They require it to be done and can only be done... Read more »

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

Under the FLSA, the time spent changing into the clothes provided on the job site is consider compensable work because your employer is requiring you to change into those clothes at the job site. If your workplace is unionized, however, you and your fellow employees could have collectively... Read more »

1 Answer | Asked in Employment Law and Wrongful Death for Texas on
Q: Employee went missing after break. What must I do. Is there a time frame to adhere to.
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Aug 24, 2022

Contact there family ASAP. If you don't know family members file a police report.

1 Answer | Asked in Employment Law for Texas on
Q: I used to work for a VA call center, and they gave out my personal number to Spanish speaking callers without permission

I’m still receiving calls to this day.

John Cucci Jr.
John Cucci Jr.
answered on Aug 12, 2022

I am guessing you want to know if giving out your personal number was wrong. It was. I'm not sure what you would like to do about it. You should go to whomever the supervisor is that was part of this disclosure of your private information. Ask or tell them do take action to stop it. If you... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: If your employer sold their building and advised to WFH permanently . Can you move state and work from any location?

My employer sold their location to another company. We were advised to WFH permanently with the only condition that we have stable internet. I moved state and been living in TX (2nd home) for over a year with manager knowing the situation. Today, I got let go due to "needed to be within 50... Read more »

Neil Pedersen
Neil Pedersen
answered on Aug 6, 2022

You are going to need to get the guidance you need from a Texas employment law attorney because that is the location where you are working. A California attorney cannot provide you with sound advice for this.

If you were in California, your employer has the right to make the rules, and as...
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1 Answer | Asked in Employment Law, Immigration Law and Adoption for Texas on
Q: Temporary Protected Status.

I am from India. Last year I got married to my girlfriend who is a US Citizen and I got adopted by a US Citizen. In 2020, During COVID'19, I could not function my MBA program as my SEVIS got Terminated. Recently I and my wife were planning to buy a home. Since I don't have a work... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jul 13, 2022

There is no TPS for India. If you qualify for adjustment of status, you will be able to apply for a work permit when you submit your application.

1 Answer | Asked in Employment Law for Texas on
Q: If a company let me go due to budget cuts but post that same position for a higher salary, are there any legal actions I

Can take against them? Along with punitive damages

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 6, 2022

It depends on why you were let go. For example, if you believe you were targeted for termination based on a discriminatory reason (i.e. based on your race, sex, age, disability, or religion), then you should contact a Texas employment law attorney to discuss a discrimination claim under Title VII... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: I am currently going through wokers comp because of an injury at work. When my employer gave them my wage statement

For the last 13 weeks they put down 20 hours, 33 hours, 30 hours, 40 hours etc. I was actually working a ton of overtime. 60 hours, 60 hours, 58 hours, 48 hours, etc. there was only 1 week that I worked 38 hours and that was because I hurt myself on a Thursday and left early. The head... Read more »

S. Michael Graham
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S. Michael Graham
answered on Jul 6, 2022

If you have a claim filed through the Texas Department of Insurance, Division of Workers' Compensation, you have the right to challenge the wages your employer has listed at an administrative hearing. The easiest way is for you to get copies of your paycheck stubs to document your actual wages... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Is it illegal for companies to use your pto to fix the problems they have with their network?

My wife and her fellow employees have been forces to use pto when the company's network has a bug or other issues. Any time they have an issue they tell the employees not to log in and that their pto will be used until the issue is fixed. It happens at least once a month.

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 22, 2022

There are no laws that require companies to offer paid time off, so if your employer does offer this benefit, they can also control the terms of when it can (or must) be used, such as in the situation you described above.

3 Answers | Asked in Employment Law, Criminal Law, Banking and White Collar Crime for Texas on
Q: Don’t work for a company and that “company” sends you funds (cash app) can you keep it?

I’m being threatened by a make believe company that they will report me for stealing company funds. I do not legally work for them and they sent me funds over cash app. Since it was sent from cash app is it legally mine? They wanted me to be a money mule for them and convert it to Bitcoin for... Read more »

Elaine Jarvis
Elaine Jarvis
answered on Jun 17, 2022

Absolutely do not give this company any of your personal information. They are trying to phish you or obtain your personal details. There is a way on the cash app., I believe, to return the money, decline to accept it or report it as fraudulent. I would explore those avenues. The cash is not... Read more »

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1 Answer | Asked in Employment Law for Texas on
Q: I work in retail in Tx and currently scheduled 14 days straight before my next day off. Is that allowed? I’m full time

My current work schedule is from my last day off on May 25th and my next day off will be June 8th. That’s 14 straight days without a day off. I work full time hours even though it says I’m part time. Would I get in trouble if I called in to take a day off for rest?

Rhiannon Herbert
Rhiannon Herbert
answered on May 31, 2022

Assuming you're 18 or older, there are no laws that limit the number of days or hours you can be scheduled to work. If you are concerned about your current schedule, you should approach your manager or HR department and ask to have one of these days removed from your schedule.

1 Answer | Asked in Employment Law for Texas on
Q: Is a company allowed to separate from you without giving a valid reason?

I was at the corporate location in Desoto Tx working/training and was informed of the separation last minute and not given a valid reason. Now I am unexpectedly unemployed and no one from the company is taking my calls emails or texts to answer my general questions about compensation insurance and... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on May 24, 2022

Texas is an at-will employment state, meaning you or your employer can terminate the employment relationship at any time and for any reason, or for no reason at all. Thus, employers do not need to provide a reason for an employee's termination.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: A local employer rescinded my signed offer letter AFTER I resigned from my previous job. Do I have any legal recourse?

The offer letter contains mine and the employer's signature, the agreed upon salary, and my start date. The director called me and said the person I was replacing changed her mind and wanted her job back. They gave it to her since she was a good and long standing employee. If my current... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on May 17, 2022

While a review of the document you signed would be necessary to answer this question, job offer letters are usually not considered enforceable contracts. As a result, an employer can rescind a job offer for any reason, even if the employee has already signed an offer letter.

1 Answer | Asked in Employment Law for Texas on
Q: Husband's work asking for doctor's note to be changed to reflect all dates he was absent. Is this legal?

Basically, husband works for state and has tons of sick time. He used some and brought a doctor's note that said he could return next day. He was still sick and didn't come back til day after. Now they are threatening to write him up if he cannot provide a doctor's note to... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on May 3, 2022

Yes, employers are permitted to require documentation supporting the illness or injury if the employee takes time away from work due to an illness or injury.

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