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... View More

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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

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

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

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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... View More

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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

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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

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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

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... View More

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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

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.

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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

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

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... View More

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... View More

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

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

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

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

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.