Get free answers to your Employment Law legal questions from lawyers in your area.
I have been medically signpost with depression and many other health issues due to covid aftermath.
answered on Nov 9, 2022
In the absence of a written employment agreement to the contrary, employment in Texas (and in most US states) is at-will. That means you can resign for almost any reason. It is almost certain that your former employer will not pursue any claims against you under the circumstances.
I worked for cosway bait and tackle and i worked overtime regularly for salary. I was wandering if i could get the back pay for 7 years and how long would it take.
answered on Nov 8, 2022
Unfortunately, the statute of limitations on unpaid wage claims under the Fair Labor Standards Act only goes back a maximum of three years. While salaried employees need not be paid overtime, your employer has to prove that your job meets certain requirements in order to properly pay you on a... View More 
I have a lot of documentation on situations and incidents stating back in September of 2021 started documenting the beginning of 2022 in regards to retaliation from management and all shapes and forms what can I do is start to become intolerable to work
answered on Nov 4, 2022
Retaliation is a recognized cause of action in discrimination cases. Maintain a detailed log or diary of your managers’ actions toward you. Then bring it to the lawyer who handled the prior discrimination claim that you think your managers are retaliating against you for. If you can’t bring... View More
We are in Texas and the employee was temporarily working in Massachusetts
answered on Oct 5, 2022
The minimum wage in the place where the work was performed is the applicable wage rate.
answered on Sep 21, 2022
No, but they can make it a condition of continued employment under many circumstances. If such a test is “job related and consistent with business necessity,” the employer can require a COVID-19 test as a condition of continued employment. This is largely being interpreted as meaning will the... View More
I worked part time for a company making the $7.25 minimum hourly wage. The company also had a tip pool on top of their pay, and employees were tipped equally every day. When I quit the job, the manager told me that they were going to withhold my tips from the previous day I had already worked. They... View More
answered on Sep 20, 2022
This is a tricky situation. Under federal law, employers are generally only required to pay you at least your state's minimum wage for each hour of work you perform. In the service industry, this means your server wage + your tips received must equal a ground total that averages out to an... View More
$34,000. The next morning he took it to his boss to get advise. His boss told him to just go home and then meet him at his house at 2pm and he (the boss) would take him to cash it. At some point the boss told my roommate that he would give him $1000. So he then comes home and tells me everything... View More
answered on Sep 19, 2022
Roommate needs to find a new boss. Don't cash check or he will be in jail
I work for a company who is a contractor for a bigger company. I recently applied to work for the bigger company, was offered a job, then told I couldn’t work for them because my current employer (their contractor) and them signed a contract with a no hire clause in it.
answered on Sep 14, 2022
An antipoaching or no-poaching agreement between two businesses may or may not be legal based on the language of the agreement and the particular circumstances of your particular case. Ordinarily, whether the employee knows about such an agreement is not a significant factor in determining whether... View More
I was hired as a “trainee” while I completed the hours toward my certification. I signed a document that if I left less than 2 years after my certification I would pay back the training costs. I don’t feel like taxes, overtime and other benefits should be included in training costs.
answered on Sep 12, 2022
Unless you specified in your agreement that training costs includes taxes, overtime, and other benefits, I would think that a court would not construe those items as "training costs" using the ordinary definition of that term.
Can one remove a case from a justice of the peace court in Texas to a district court? If it is an at-will employment contract dispute.
answered on Sep 1, 2022
No, in Texas, district courts do not have exclusive jurisdiction over at-will employment contract disputes. Under Section 24.007 of the Texas Government Code, a district court has jurisdiction of a civil matter in which the amount in controversy is more than $500, exclusive of interest. That is... View More
Employee's? Let me say never had any kind of accident in my job. Must add I was told you pay for this out of your own pocket or your fired. I was sent an email say the damage was $15,000. I'm 70yrs old I don't need this. Could anyone please guide to some options. Thanks
answered on Sep 1, 2022
Unless you have a written employment agreement for a specific term of employment, your employer most likely can terminate you because one of the subordinates you are responsible to supervise caused an accident. However, legally, as an employee, your employer cannot successfully sue you for such... View More
They have written company policy clock in notices posted at each time clock. States employees must show up before their required shift to change into clothes provided on job site, but not to clock in until you are changed. Is that not considered work? They require it to be done and can only be done... View More
answered on Sep 1, 2022
Under the FLSA, the time spent changing into the clothes provided on the job site is consider compensable work because your employer is requiring you to change into those clothes at the job site. If your workplace is unionized, however, you and your fellow employees could have collectively... View More
answered on Aug 24, 2022
Contact there family ASAP. If you don't know family members file a police report.
I’m still receiving calls to this day.
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answered on Aug 12, 2022
I am guessing you want to know if giving out your personal number was wrong. It was. I'm not sure what you would like to do about it. You should go to whomever the supervisor is that was part of this disclosure of your private information. Ask or tell them do take action to stop it. If you... View More
My employer sold their location to another company. We were advised to WFH permanently with the only condition that we have stable internet. I moved state and been living in TX (2nd home) for over a year with manager knowing the situation. Today, I got let go due to "needed to be within 50... View More
answered on Aug 6, 2022
You are going to need to get the guidance you need from a Texas employment law attorney because that is the location where you are working. A California attorney cannot provide you with sound advice for this.
If you were in California, your employer has the right to make the rules, and as... View More
I am from India. Last year I got married to my girlfriend who is a US Citizen and I got adopted by a US Citizen. In 2020, During COVID'19, I could not function my MBA program as my SEVIS got Terminated. Recently I and my wife were planning to buy a home. Since I don't have a work... View More
answered on Jul 13, 2022
There is no TPS for India. If you qualify for adjustment of status, you will be able to apply for a work permit when you submit your application.
Can take against them? Along with punitive damages
answered on Jul 6, 2022
It depends on why you were let go. For example, if you believe you were targeted for termination based on a discriminatory reason (i.e. based on your race, sex, age, disability, or religion), then you should contact a Texas employment law attorney to discuss a discrimination claim under Title VII... View More
For the last 13 weeks they put down 20 hours, 33 hours, 30 hours, 40 hours etc. I was actually working a ton of overtime. 60 hours, 60 hours, 58 hours, 48 hours, etc. there was only 1 week that I worked 38 hours and that was because I hurt myself on a Thursday and left early. The head... View More
answered on Jul 6, 2022
If you have a claim filed through the Texas Department of Insurance, Division of Workers' Compensation, you have the right to challenge the wages your employer has listed at an administrative hearing. The easiest way is for you to get copies of your paycheck stubs to document your actual wages... View More
My wife and her fellow employees have been forces to use pto when the company's network has a bug or other issues. Any time they have an issue they tell the employees not to log in and that their pto will be used until the issue is fixed. It happens at least once a month.
answered on Jun 22, 2022
There are no laws that require companies to offer paid time off, so if your employer does offer this benefit, they can also control the terms of when it can (or must) be used, such as in the situation you described above.
I’m being threatened by a make believe company that they will report me for stealing company funds. I do not legally work for them and they sent me funds over cash app. Since it was sent from cash app is it legally mine? They wanted me to be a money mule for them and convert it to Bitcoin for... View More
answered on Jun 17, 2022
Absolutely do not give this company any of your personal information. They are trying to phish you or obtain your personal details. There is a way on the cash app., I believe, to return the money, decline to accept it or report it as fraudulent. I would explore those avenues. The cash is not... View More
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