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Texas Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Texas on
Q: I need l feel i was fired for stating complaint about another manager feel retaliation was the reason what can i do
Carrie Dyer
Carrie Dyer answered on Jan 26, 2022

More information is needed to answer your question. The type of complaint you made about another manager is relevant. If you made a "protected complaint," and were terminated because of your complaint, then you may have a claim for retaliation. You should contact an employment attorney... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: If HR notifies an employee of the amount of PTO they can they come back later and change it?

I'm a cancer patient. I sent an email to my HR rep asking if she had calculated my PTO. Her reply was you have 28.69 days. I was told I could use them in connection with flma which was required. 4 days later I'm told that I don't have any and the coming Friday will be the last... Read more »

Carrie Dyer
Carrie Dyer answered on Jan 19, 2022

It sounds like there is some confusion within the HR department if you are getting conflicting information. Do you have a copy of the company handbook that explains the accrual of PTO? Are there other income options for you to consider while you're out on FMLA leave, such as short-term... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: My Mother has worked at a nursing home for 20+years recently they have her working no days off for 4 months what do we

She has worked there for so long.Since working nonstop she has had no days off,sick days, a raise nothing to be compensated for. She is 60 years old. What can we do?

Rhiannon Herbert
Rhiannon Herbert answered on Dec 29, 2021

There are no laws that place limits on how much an employee can be scheduled to work. Other than submitting a written request for a reduction in her hours, there isn't much that can be done here. However, if your mother is paid by the hour, she must receive overtime pay for all hours she works... Read more »

1 Answer | Asked in DUI / DWI and Employment Law for Texas on
Q: can someone be fired for a dwi, yet others in their job field received the same charge and were not fired?

civil service employee charged with dwi off duty. is being told she is to be terminated as per collective bargaining agreement. per CBA they are subject to termination. however, previous dwi accounts concerning other employees over the last year did not result in termination

Penny Wymyczak-White
Penny Wymyczak-White answered on Dec 7, 2021

You can be fired if that is part of the agreement. Retain a lawyer and try to get the DWI dismissed .

1 Answer | Asked in Criminal Law and Employment Law for Texas on
Q: I was hit by a customer in my store because I refused his service .i hit him back now he's filing on me

Yes I did grab coffee pot without thought I had bruise on my face and he a gash on his head. My leg is hurt . I lost my job behind this my boss reported incident to big boss but nothing was done ...even still customer allowed to return. Feel like I have no rights I get harassed and he gets file... Read more »

Vonnie Clay Dones III
Vonnie Clay Dones III answered on Dec 1, 2021

You should hire a criminal defense attorney to defend you in this matter. From your statement, you may a have a valid argument for self-defense.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can an employer make employees come to work in a good mood when an employee has mental health issues?

Do I need to discuss my mental health issues with my employer?

Teri A. Walter
Teri A. Walter answered on Dec 1, 2021

I have no idea how an employer would enforce a requirement to "come to work in a good mood," but they could certainly insist on certain behaviors which might suggest that a person is in a good mood, such as being polite to customers or co-workers, greeting customers at the door, smiling... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Can an employer deny a request for unpaid PTO?

I am a healthcare professional under contract which entitles me to 80 hrs of vacation PTOs. But there are certain instances that they wont allow for more than 80 consecutive hrs PTO (even unpaid) because of problems with coverage. Can an employer deny this request even if the excess hours are... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Nov 24, 2021

Yes. There are no laws that govern what employers can do regarding scheduling, as long as you are paid for all hours that you work.

1 Answer | Asked in Employment Law for Texas on
Q: I tested negative twice with at home covid tests and my work asked for actual lab results. Can they do that?

Are at home negative tests proof enough?

Carrie Dyer
Carrie Dyer answered on Nov 17, 2021

Yes, your employer can require test results from a lab.

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for Texas on
Q: is it legal for my employer to ask if i've been vaccinated? We have to take a "mandatory" survey

i don't think i should be forced to voluntarily provide medical information

Carrie Dyer
Carrie Dyer answered on Nov 10, 2021

Yes, nothing prohibits your employer from asking whether you are vaccinated.

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: I was hurt on the job .was seen by a door over the phone witch said I had a sprained hip and sent me back to work with

Sent me back to work no restrictions. I tried but am in a large amount of pain what can I do???

Carrie Dyer
Carrie Dyer answered on Oct 27, 2021

You should ask for a second opinion by a different medical provider. Then, you should provide that paperwork, including any restrictions you are given, to your employer.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can an employer fire a employee for not getting enough Google reviews from customers?

Example, an employee is required to get 10 customer reviews a month. The employee asks 84 customers for reviews but only 6 respond. Is that grounds for termination when the completion of the goal requires a third party participant to follow through?

Carrie Dyer
Carrie Dyer answered on Oct 20, 2021

Yes. If you are an at-will employee, your employer can terminate you for any reason or no reason, even if it is unfair. Unless you have an employment contract stating otherwise, your employer can terminate you for failing to get the requisite number of customer reviews - even though the goal is... Read more »

1 Answer | Asked in Employment Law, Insurance Defense and Personal Injury for Texas on
Q: If I go back to work and get hurt again in my neck or back would I be able to sue for injury at the new job

I have had neck and back surgery and my attorney told me to go back to work in my field my field is construction

Tim Akpinar
Tim Akpinar answered on Oct 20, 2021

A Texas attorney could advise best, but your question remains open for two weeks. Based on your description, it does not look like a personal injury matter involving suing, but more likely a workers' comp claim. If the attorney you mention is handling your workers' comp claim, they would... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: In January I filed an EEOC complaint against my employer. In September, I was terminated. Do I have a legal recourse?

I had no progressive discipline and the only reason I was given was a loss of confidence.

Rhiannon Herbert
Rhiannon Herbert answered on Oct 19, 2021

More information is needed here. However, filing an EEOC charge against your employer is called a "protected activity," meaning you cannot be retaliated against based on your choice to file the charge. If, after you filed your charge, you noticed your employer started treating you... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: been employed for 5 years with no negative points against me but they just told me I’m being replaced is it Legal?

My wife was not given a reason She was just told that someone new would replace her. Is this some kind of discrimination. Is there something She can do about this or are they in their every right to do this ?

Rhiannon Herbert
Rhiannon Herbert answered on Oct 12, 2021

The answer to your question depends on your wife's employer's reasoning for terminating her. Texas is an at-will employment state, meaning employees can be terminated at any time and for any reason. The only exception to this rule is if an employee is targeted for termination based on a... Read more »

1 Answer | Asked in Employment Law, Contracts and Tax Law for Texas on
Q: Can employer go back on commitment in writing on issuing W-2c ?

An individual worked respite hours taking care of elderly in 2020 but insurance company did not pay for hours worked. in 2021, insurance company agreed to pay for hours worked in 2020. By this time, individual was enrolled in school full time and had a financial aid package and grants in place.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

You should contact a local employment law or tax law attorney to help you. This BB is not for providing specific legal information for you to deal with a particular claim. Search for a local attorney on this issue here on Justia.

3 Answers | Asked in Employment Law and Immigration Law for Texas on
Q: Is working remotely for a foreign country considered unauthorized employment without a valid working visa?

I live within the US and am in the process of adjustment of status

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 11, 2021

100% is it unauthorized employment in the US.

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1 Answer | Asked in Employment Law, Family Law, Business Law and Employment Discrimination for Texas on
Q: How to enforce or compel the texas subpoena that was served according to § 24-13-112 . Should I file compel in TX or GA?

How to enforce or compel the texas subpoena that was served according to § 24-13-112 . Should I file compel in TX or GA?

Should I motion to compel in GA along woth motion to transfer to texas court? Bcoz case is pending in Texas court.

Teri A. Walter
Teri A. Walter answered on Aug 31, 2021

If the case is pending in Texas, then presumably there's no case in Georgia in which to file a motion to compel.

1 Answer | Asked in Employment Law for Texas on
Q: Can my employeer fire me if I recuse to get the covid19 vaccine
Teri A. Walter
Teri A. Walter answered on Aug 24, 2021

At present, the answer appears to be yes.

1 Answer | Asked in Employment Law for Texas on
Q: Can I change the "at-will" contract with my employer to "for cause" when I go to work for him/her?

How can I change an "at-will" contract with my employer

to give me more job security if there are any disciplinary actions brought upon me?

Niran Grimberg
Niran Grimberg answered on Aug 22, 2021

Being employed at-will means that you or your employer can terminate the employment relationship for no reason or for any reason, albeit a legal one. However, in order to obtain an employment contract, that is likely something you would have to request from the employer, given that both sides would... Read more »

2 Answers | Asked in Criminal Law and Employment Law for Texas on
Q: In Tx how long does assault on family misdemeanor stay on record for employers.

I thought it was 7 years but that was in 2013 and I just applied for a job (2021) and it came out on my record and I was not accepted. Is the 7years after found guilty date or after the 5 years probation was completed?

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 20, 2021

Criminal records never expire. If the employer does a criminal background check then it will show up forever. The seven-year rule is about CONSUMER records so that is stuff like your credit report and liens. Some consumer reports also include criminal information, so those might only show 7... Read more »

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