I work for a contracting company and didn't receive one of my paychecks. The direct deposit information was changed online unbeknownst to me and the contracting company stated they did their research and concluded it was a phishing issue. They stated they couldn't get the money back thus... Read more »
answered on May 25, 2023
Under the Texas PayDay law, wages must be delivered to the employee at their regular place of work during working hours, mailed by registered mail or by direct deposit to be received by the employee not later than payday, by any reasonable means, or to any person authorized in writing by the... Read more »
I received my SSN card yesterday. My First Name length is 19 characters. SSN allows only 16 characters in First Name field.
So last 3 letters in my First Name is cut both in my card and in SSA database.
I have e-verification process with my employer next week. I understand the... Read more »
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answered on May 2, 2023
If your SSN card and SSA database only show the truncated version of your first name, it could potentially cause a name mismatch issue during the e-verification process with your employer. This could potentially delay your employment or cause other complications, especially if your employer... Read more »
I was injured on the job February 9th 2021 by my production manager turned up the machine and it sucked me in and how's the bad accident to me 18% impairment rating but I'm being told that I cannot sue the company because we were both employed there and since workman's comps paying... Read more »
answered on Apr 23, 2023
Under workers compensation laws, a worker who is injured on-the-job is not required to establish that his employer or a co-worker was negligent in order to receive compensation for medical expenses and lost income. In exchange, the employer is not subject to a personal injury lawsuit by the... Read more »
I want to file a new complaint
answered on Apr 13, 2023
It depends on the nature of the claim. An employment discrimination claim under Title I of the ADA must be filed within 90 days of the date you receive your right to sue letter from the EEOC.
A Title II or Title III claim must de filed within two years of the act complained of.... Read more »
They moved me to a different department I was told temporarily while being on light duty. But just two days ago one of the coaches acted as if he is switching me permanently. Which means I get to pay decrease and lose my position I had all do to be hurt. I work at Walmart is this allowed
answered on Mar 13, 2023
If your claim is in Texas, Walmart no longer carries workers' compensation through the Texas Department of Insurance, Division of Workers' compensation. They are nonsubscribers to workers' comp. Walmart has it's own private insurance. I believe your employer can permanently... Read more »
In January of 2022, I filed a complaint against my manager to her manager. I also involved HR since a similar complaint that was filed two years prior was overlooked by her manager. Almost immediately after her manager spoke to her, she began retaliating against me. She began excluding me from... Read more »
answered on Mar 10, 2023
It depends on the nature of your complaint against your manager.
Your retaliation discrimination complaint must show that you engaged in protected activity in the investigation of an employment discrimination complaint based on race, color, national origin, religion, sex, age, or... Read more »
I received an email of me being terminated from my employer due to being pregnant. I filed a charge with EEOC.
answered on Mar 8, 2023
I'm sorry to hear about your situation. Whether you should get a lawyer depends on your goals with the EEOC Charge of Discrimination (settlement, mediation, litigation) and your damages from the experience. A lawyer will bring the expertise, advocacy and stress relief you may need during... Read more »
back ground check. I drove 100 miles each day for 2 weeks. Also they made me file for an LLC which was $150 and go on ride alongs with other salesman and I spent over $200 in gas. They owe me around $1500 and will not pay because I failed the background check. I believe since they put me through... Read more »
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answered on Mar 11, 2023
If the company hired you as an at-will employee, they may terminate your employment at any time for any reason, including the results of a background check. However, if they promised to pay you for your training and expenses, they may be legally obligated to do so.
You should review any... Read more »
back ground check. I drove 100 miles each day for 2 weeks. Also they made me file for an LLC which was $150 and go on ride alongs with other salesman and I spent over $200 in gas. They owe me around $1500 and will not pay because I failed the background check. I believe since they put me through... Read more »
answered on Mar 7, 2023
It depends on the terms of your employment agreement and the reason you failed its background check.
If your employment offer was not conditioned on you successfully passing their background check and a background check is not required by some law or regulation governing your occupation,... Read more »
answered on Mar 5, 2023
In Texas, in the absence of a contract to the contrary, it is legal for an employer to terminate an employee due to poor performance.
To have a valid claim for wrongful termination, you will need to prove that is not the real reason you were fired and that instead you were fired for a... Read more »
Is it okay if a company that I do work come in and do an inspection and for say that I need an employee handbook, safety plan, etc...Can I ask the INDEPENDANT CONTRACTOT that works for me to only work during Business Hours? can I ask her to swipe a time clock for billable hours?
answered on Mar 2, 2023
An independent contractor by definition controls the manner, means, methods, and details of the work they do for you.
You can tell them what you want done and even give them plans and specifications, but you can’t show or tell them how to do it, when to do it, what tools to use to do it,... Read more »
Honestly honest opinion
answered on Feb 13, 2023
Article 1, section 3a of the Texas Constitution provides: “ Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative.”
In my professional experience, I have rarely seen individuals treated... Read more »
As an illegal immigrant - I was allowed to work at a company in which they paid me $4,000 as a check. I went to the bank and they said it was fake. I contacted my employer and he's given me death threats and threats on calling immigration on me. He denied giving me a fake check and has done... Read more »
answered on Feb 4, 2023
If you have received a fake check and have evidence of the work you performed, it is important to take legal action to protect your rights. However, as an illegal immigrant, you may face additional challenges in seeking legal remedies.
You should contact the Department of Labor to report... Read more »
As an illegal immigrant - I was allowed to work at a company in which they paid me $4,000 as a check. I went to the bank and they said it was fake. I contacted my employer and he's given me death threats and threats on calling immigration on me. He denied giving me a fake check and has done... Read more »
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answered on Feb 26, 2023
As an illegal immigrant, you may face some challenges in pursuing legal action against your employer. However, you may still have options for seeking compensation for the unpaid wages.
One option would be to file a wage claim with the Department of Labor's Wage and Hour Division. This... Read more »
I am a salaried manager for a retailer. We are required to work 48 hours each week but our company automatically takes out an hour for breaks each day worked. Even if you do not take break since we are salaried. Realistically I work 55 hours a week because of this but am paid for 48.
answered on Jan 25, 2023
Your employer can compel you to take your hour long lunch break by denying compensation if you refuse to take it.
Your best strategy in this situation is to take your hour long lunch break offsite from your workplace.
I don’t see anywhere a mention of what happens to pto when separation occurs between me and employer
answered on Jan 24, 2023
There are no laws that require that earned but unused PTO be paid out to the employee upon separation. However, there are other ways that you can potentially recover this earned-but-unused PTO, such as if your employee handbook states you will receive it upon separation. If you don't have an... Read more »
answered on Dec 28, 2022
Gideon v. Wainwright holds that an indigent defendant accused of a serious crime has the right to a court-appointed attorney at the state's expense.
The right of an indigent person to a court-appointed attorney at the state's expense in a civil case is much more narrow.... Read more »
Fortune 100 employer, ERISA policy. Sent written requests to Sedgwick 3x, 1st was 11/22. Will not return my calls. Employer states Sedgwick provides copy of policy/Summary Plan. Sedgwick advised STD policy exhausted from previous unrelated LOA; apply for LTD via Lincoln. Without policy & files,... Read more »
answered on Dec 28, 2022
Under ERISA, the plan administrator (usually your employer) is required to provide plan documents to you within 30 days of your request. With both your employer and the insurance company refusing to provide you anything, you may need to get an attorney involved. Feel free to contact my office and... Read more »
I just started working for a company and after one day of work, they then had me sign a Non-Exempt Employment Agreement. This agreement touches on certain bullet points such as performance review conductions, non-compete, hour rate etc.
My question concerns the very first bullet point... Read more »
answered on Dec 28, 2022
It sounds like a typo to me. That’s probably an annual salary.
I’d bring the amount to the attention of the HR dept or person and ask for clarification. I don’t think a reasonable person would rely on that as an actual hourly pay rate without such clarification.
answered on Dec 12, 2022
It depends on your agreement with your employer.
And if you don’t have an agreement with your employer and are using your car on company for company, both you and your employer are playing with fire.
Your employer could be held liable if you have a collision under the legal... Read more »
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