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Texas Employment Law Questions & Answers
2 Answers | Asked in Employment Law for Texas on
Q: Can My Employer Reduce My Wages for Quitting Without Notice?

As an at will employee, I had to immediately resign my position with my former company. I was unable to give any notice. The company is now telling me that my pay for the last two weeks worked will be at minimum wage instead of my regular pay rate (this is a pay cut of roughly half). They said this... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 4, 2023

Generally yes. Federal laws typically only protect against minimum wage and overtime violations, so while this policy resulted in a substantial pay cut to you, it doesn't violate any wage laws.

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1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Texas on
Q: Fired using false civil charge & denied due process-14th Amndmt?Is this like Gideon v Wainwright for Automatic Lawyer?
John Michael Frick
John Michael Frick
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....
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2 Answers | Asked in Insurance Bad Faith and Employment Law for Texas on
Q: After denial, Sedgwick isn’t responding to written reqs for Copies of Claim Files OR the STD Policy, what can I do?

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,... View More

Damon Miller
Damon Miller
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... View More

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1 Answer | Asked in Employment Law for Texas on
Q: Is My Signed Non-Exempt Employment Agreement Enforceable?

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... View More

John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Texas on
Q: Is this age discrimination, or something illegal I have an appointment with HR tomorrow

I just got fired from my city's probation department, I was a county clerk. This is a small town in Texas , the issue is that too many people reconzied me , they essentially fired me because I knew too many probationers, that's her words.. is this age discrimination? The only reason I... View More

John Michael Frick
John Michael Frick
answered on Dec 20, 2022

No.

An essential part of an age discrimination claim is that you are age 40 or older.

Your question states you are in your mid-twenties.

1 Answer | Asked in Employment Law for Texas on
Q: I was offered a job by HEB but was told I couldn't use my passport for the I-9 section. Is this legal?
John Michael Frick
John Michael Frick
answered on Dec 19, 2022

A current US passport or passport card may be used as an acceptable List A document for a Form I-9

2 Answers | Asked in Employment Law for Texas on
Q: My car broke down while on the job running an errand for the company, does the company have to pay the mechanic bill?
John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Employment Law and Business Law for Texas on
Q: I am night auditor at a hotel. Our books off my ten percent everyday. I think this might be swept underneath the rug.

Am I liable? I'm pretty won't care. I live in south Texas and even large corporations have Mexican accounting standards.

Jaime Victor Papa
Jaime Victor Papa
answered on Dec 12, 2022

Yes, this is likely an issue. I will need to learn more about the situation to provide you with legal advice.

1 Answer | Asked in Employment Law for Texas on
Q: I am a full-time salaried employee. My company does not offer sick days. Sick days and personal days are lumped PTO.

I have used all PTO hours for 2022. PTO hours will be renewed 1/1/23. My boss deliberately came to work sick after returning from Disney World. Admittedly, sick for over a week without socially distancing, in fact, standing over my shoulder in my office. On 12/6/22 I woke up sick. I notified my... View More

John Michael Frick
John Michael Frick
answered on Dec 9, 2022

You can threaten to quit your job unless your employer pays you for the three hours you missed.

Like most US states in most occupations, Texas has a rule called “employment at will.”

That rule allows you to leave your employment for almost any reason. This would be a reason....
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3 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: I’m currently experiencing pregnancy discrimination in my employer wants to meet with me can I record the conversation?

I constantly ask for the HR departments information and the GM never wants to give it to me he also doesn’t want to give me email documentation over the investigation he did but he wants to speak with me and I honestly don’t know what to do because I feel like they’re trying to set me up

John Michael Frick
John Michael Frick
answered on Dec 4, 2022

In Texas, it is legal to record a conversation to which you are a party. We are a “one-party consent” state. You do not even need to tell the other party you are recording.

Be sure to state clearly and consistently that, despite your pregnancy, you remain able to perform all of your...
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1 Answer | Asked in Contracts, Employment Law, Tax Law and Landlord - Tenant for Texas on
Q: Employment offer letter states housing provided at (blank) property. No details, what is or isn’t allowed?

Housing provided = 2 bed, one couch bed rv camper trailer. Details of said housing were not outlined in employment contract/offer letter. We are now purchasing a mobile home (larger/more permanent adequate). Company owner is allowing placement on the property. We do not pay rent, but portion of... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Nov 30, 2022

I would need to reach the contract to determine if there is a breach.

1 Answer | Asked in Consumer Law, Criminal Law and Employment Law for Texas on
Q: Is a store employee aloud to put there hands on me if I did nothing wrong as in I didn't steal anything
John Michael Frick
John Michael Frick
answered on Nov 28, 2022

“Putting their hands on you” is a broad term. Generally speaking, it is not illegal to physically touch another person. On the other hand, intentionally assaulting or offensively touching someone (eg punching, slapping, kicking, clawing, forcefully shoving, etc) might be a crime depending... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: I was convicted of attempted murder in 2009 but employment background checks show a murder charge. Should I sue county?

The background check showing a murder charge instead of attempted murder has made it very difficult to find meanfull employment? Should I sue the county? I was released in 2012 and have notified them of this mistake. It is severely damaging my quality of life.

John Michael Frick
John Michael Frick
answered on Nov 27, 2022

It is pointless to sue the county as it is most likely immune from any civil damages in such a case.

I recommend you obtain certified copies of your indictment, any arrest warrant affidavits, and the order disposing of the criminal charges against you and provide them to any prospective...
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2 Answers | Asked in Employment Law, Copyright and Intellectual Property for Texas on
Q: can i get in trouble for using pictures i took for work, for personal matters?

for personal matters, not to sell the pictures

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

If the pictures were creative works, you could be violating your former employer's copyright interests in such works. Typically, under the work for hire doctrine, the copyright for creative works made by an employee belongs to the employer, not to the individual employee that created them.... View More

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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Texas on
Q: Should I seek legal help for ADA violation? Does constructive discharge apply to my situation due to undue stress?

I submitted an ADA request to my employer. They approved it based on a doctor's recommendation without consulting with me. I did not agree to the accommodation approval as it did not accommodate my situation because I have a special needs newborn in and out of the hospital and I need to be... View More

John Michael Frick
John Michael Frick
answered on Nov 22, 2022

Whether an employer has made reasonable accommodations to enable a qualified individual with a disability to perform essential job functions or to have the same privileges as employees without a disability without undue burden on the employer is a fact intensive determination. There is no way of... View More

1 Answer | Asked in Employment Law for Texas on
Q: My boss loaned me a vehicle and I wrecked it. She took it upon herself to start deductions from my pay 5 x before firing
John Michael Frick
John Michael Frick
answered on Nov 21, 2022

An employer may not make such withholding from an employee’s pay without the employee’s consent.

You are entitled to get that money repaid. And your employer is entitled to be paid for the cost of repair and loss of use of the vehicle you wrecked.

I recommend you schedule an...
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1 Answer | Asked in Employment Law for Texas on
Q: Company does not want to take care of no insurance ticket in one of their trucks and giving me the run around

And now since they are not responding or show proof if they did have it the court issued a warrant and I can't drive for anyone else until this is resolved.

John Michael Frick
John Michael Frick
answered on Nov 18, 2022

Insurance responsibility depends upon the nature of your relationship with the company and the terms of any agreement between you.

Typically, an employee of a trucking company is insured under the company's liability policy.

On the other hand, an independent contractor would...
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1 Answer | Asked in Employment Law for Texas on
Q: I'm currently employed, but on short term disability. Can I work for another company as long as the work is not related?
Damon Miller
Damon Miller
answered on Nov 18, 2022

Hello! Thanks for your question. Disability policies (short-term included) can vary a lot in how they define what it means to be "disabled." I would recommend taking a look at your employer's group Short-Term Disability policy and seeing how it defines "Disability." That in... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I want to know if I have legal case for either undue stress, failure to accommodate, or constructive dismissal?

I submitted an ADA request for a 3 day a week with a part-time schedule to my employer signed by a doctor. I'm a 4x combat veteran and have a special needs newborn so I have to make it to appointments.

The employer received the request and approved 4 days based on my doctors... View More

John Michael Frick
John Michael Frick
answered on Nov 17, 2022

There is something missing in the way you have phrased your question.

What you wrote is that you submitted a request for an accommodation with a doctor's signature, and your employer approved it based on your doctor's recommendations.

That is a textbook example of an...
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1 Answer | Asked in Employment Law for Texas on
Q: Is my employer required to give Monday off after New Year’s Day which falls on a Sunday (a non-working day)?

Employer is a school district.

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 16, 2022

No. There are no laws that require employees to receive time off on any particular day, so your employer is permitted to schedule you for work the day after (or the day of) holidays.

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