Your termination may violate the FMLA if you can prove that the stated reason "threatening a co-worker" is a mere pretext and that the actual reason for your termination was you taking medical leave.

The parties almost always can modify a previous agreement if they both mutually agree to the modification. If the parties do not agree, it depends upon what the original agreement provides whether one party can unilaterally modify the agreement. If there is nothing that gives the company the... View More

I have a feeling that somebody wants to replicate what Mossad did to Hamas, but I don't have the answer to your legal question. This is a sufficiently odd transaction, there may not be an answer as it may implicate the laws of other nations and any advice might require knowledge of what and... View More

Write on the document you are being asked to sign: "I understand that I am being suspended for refusing to ____ on ____. I understand what I have been told to do is illegal. The reasons stated above are a pretext and are not true." Then sign directly underneath that statement with... View More

In order to assert a claim for discrimination based upon a "disability," you would need to prove that the interviewer was aware of your disease, that your disease constitutes a "disability" (i.e. a physical impairment that substantially limits your ability to perform major life... View More

Yes, it is legal. Because it is a joint account, each of you has the right to make withdrawals or transfers of funds. It may, however, be a breach of his fiduciary duty to you as his wife if he uses any of the funds he transferred into his separate savings account without your permission... View More

Assuming the job offer is for here in Texas, the deal is that since we are what's called a "right to work" state, the Schwab job offer can be rescinded with or without reference to your DWI conviction.

Now if this job offer was reduced to a written contract between you and... View More

It depends on your race and ethnicity and what your essential job functions will be. An employer may use an applicant's criminal history in making hiring decisions only if that history is relevant to an essential job function. For example, if part of your job involves travelling or operating... View More

It is rare to see an early termination when someone gets only 1 year of probation on a DWI.

You would need your PO to join your application for early termination. If you get him to say yes. Get it in writing, then file a motion to terminate with the court. It would help if there was a... View More

This sounds more like a contract issue than a tort issue, so it is highly unlikely any sort of punitive or exemplary damages are available to you.

If you are an employee of a trucking company and are being underpaid, you can report the underpayment to the TWC by filing a wage & hour... View More

Even in the absence of a written agreement, an employee is an agent of his employer, the principal, and as an agent owes certain fiduciary duties to the employer. Among these is the fiduciary duty of loyalty which would preclude the employee from working for a competitor without the... View More

If you suspect your employer has been recording your conversations with a fellow employee without consent, you should attempt to ascertain if your suspicion is correct. While it is not "employment discrimination," it may nevertheless be illegal. It may even be a crime.

It is... View More

It depends upon the basis for any 'special treatment.' Generally, an employer cannot discriminate against you as a result of your race, color, ethnicity, national origin, sex, gender, disability, religion, or pregnancy. Discrimination means to treat you differently than other employees... View More

No, assuming your employer is not a party involved in the actual transaction. Practically, I can't think of any way your employer could accomplish cancelling a transaction unless it is a party to the transaction.

Of course, your employer is not required to use direct deposit to pay... View More

Possibly. You will have to argue that your employer's actions resulted in a "constructive discharge." You will want to argue that you were forced to quit because of a change in your responsibilities that resulted in drastic pay cut. This would be similar to an employer leaving an... View More

Yes, in Texas, nurse practitioners can see and treat patients without a doctor being physically present, and can prescribed many medications under delegated authority from a supervising doctor. There are requirements about review patient charts with the supervising doctor and, for certain... View More

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