Get free answers to your Employment Law legal questions from lawyers in your area.
The company never showed up for court after being served they moved the company on the same day
answered on Dec 3, 2020
There are several things that need to happen. The first is usually to prepare (or request the clerk to prepare) an abstract of judgment and record it in the real property records in any county where your judgment debtor owns (or may own) real property. Next, see if you can determine what assets... View More 
My VP hired a male whom he previously worked with. I complained to him via several emails that the salary and benefits given this new employee was way above the current female managers who had more qualifications and tenure and experience. I was subsequently terminated and told by the senior VP... View More
answered on Nov 25, 2020
Making a complaint of unequal treatment as to wages on the basis of gender is a protected activity under Title VII. If you were terminated becuase of your participation in a protected activity, then you would have a claim of unlawful retaliation. You should contact an employment attorney in your... View More
My wife is a health care provider and was grocery shopping for her client at HEB and had a slip and fall accident. She contacted her employer and went to there workmans compt doctor . We also hired a law firm for the accident and they told her stop seeing the work man's comp doctor and have... View More
answered on Nov 25, 2020
More information is needed to answer your question. An employer is not required to hold your wife's position open for her for an indefinite period of time if she is unable to return to work. Being under doctor's care does not provide blanket protection from termination. Whether your... View More
What or where can I go to complain so she can paid me 74 hrs @9.50 hr can you help me thank you
answered on Nov 24, 2020
You can file claim for unpaid wages here
https://www.twc.texas.gov/files/jobseekers/How-to-File-Wage-Claim-Online-Tutorial-twc.pdf
I agreed, verbally and via written contract, to teach my copyrighted workshop at a six-week summer program. My boss filmed all the program’s classes and sold them to virtual students for an indefinite period of time after the six-week program ends. This was not included in the written contract,... View More
answered on Nov 23, 2020
You may have a case, but an attorney would need more details to give a more definite answer. For example, was the program created before or during your employment? There may be some work for hire issues that need to be sorted out.
It also would depend if there is an integration clause in... View More
Most private contracts with private employers are "at-will"
which means the employer or place of business can terminate you
for any reason at any time. I want to change an at-will contract with my employer
to put me on a more even playing field. Almost like a... View More
answered on Nov 23, 2020
Sorry, an "at-will" employment is the same as "without cause," so there's no benefit to trying to change the arrangement, because it won't give you any more rights.
If you are in a management position, your employer Might consider entering into an employment... View More
I'm not qualified for paid sick days until I complete a year with the company. I've been with them for a total of 9 months.
answered on Nov 19, 2020
The Families First Coronavirus Response Act requires employers up to 500 employees to provide paid sick leave if you contract the virus. If you have been with the company for at least 30 days prior to taking the leave, you should qualify for the paid leave.
Wife is also attorney and I am required to do legal work for her but am only getting paid by his business. I was hired as a "secretary" only.
answered on Nov 19, 2020
Generally speaking, you are required to be paid for all hours worked under the Fair Labor Standards Act. If you are working hours for which you are not receiving pay, you can file a complaint with the Department of Labor or contact a local wage and hour attorney for help.
She is concerned about contracting the virus and endangering her children and elderly parents. Her job roles only include interaction with patients at check-in from behind protective glass with a mask and scheduling appointments over the phone. No additional compensation is offered and if she... View More
answered on Nov 19, 2020
If an employee contracts the virus or is seeking a diagnosis regarding whether they have the virus, the Families First Coronavirus Response Act requires employers with up to 500 employees to provide paid sick leave for any time off taken up to 12 weeks. It sounds as though your wife works for a... View More
I have worked at the same place for just over 14 years. In that time I have had issues of what I feel is harrassment from coworkers and immediate supervisors. When I have gone to HR I was the one who ended up being disciplined. As a result I have had a bad attitude and getting in more trouble.... View More
answered on Nov 19, 2020
Hi, more information is needed to fully evaluate your situation. Generally, workplace "bullying" is not unlawful. To give rise to any sort of legal claim, the harassment you are experiencing would need to be sexual, or based on your race, gender, religion, or disability, etc. I would... View More
I tried to get partial unemployment but she gave me just enough hours to where I cannot receive benefits, is this right?
answered on Nov 11, 2020
Some states have laws that protect employees from retaliation after filing a worker's compensation claim. If you filed for it, and your boss reduced your hours in retaliation for it, you may have a claim. It depends on Texas state law. I would reach out to an employment law attorney in Texas... View More
Per our signed agreement my employee end date was 10/7/20. Per the agreement the severance pay can only be forfeited if I am offered a position BEFORE this end date of 10/7/20. I was offered a position on 10/16/20. At this time they went into the system without my knowledge or consent and changed... View More
answered on Oct 21, 2020
It sounds like your employer may be in breach of your agreement. You should immediately contact an attorney in your area for assistance interpreting the agreement and contacting your employer.
answered on Oct 11, 2020
This is not a criminal law question, so I cannot answer it. The question, I believe, is more properly a military law question having to do with the requirements for full benefits upon retirement of a person with such a problem in his/her past. It may also matter whether you were convicted (that is,... View More
I work for a technology recruiting company in Texas. One of the Managing Partners discriminates against potential candidates based on national origin (Indian nationals, specifically, but I have also witnessed discrimination against African-Americans and people of Asian decent). I feel he is a... View More
answered on Sep 23, 2020
You should report the discriminatory actions of your boss to the Human Resources Department in writing. The HR department should then do an investigation into your complaints. The company, including the Managing Partner, is prohibited from retaliating against you for complaining about and... View More
answered on Aug 20, 2020
Hi, there is not enough information here to fully evaluate your situation. If they are avoiding paying you for hours you worked, they would be in violation of federal minimum wage laws and overtime laws (if you worked overtime). I would recommend reaching out to an employment law attorney in your... View More
I have discovered that my current employer is altering/deducting hours from my time card. For hours that I did indeed work. Sometimes it is just 30 min here, or an hour there. But this last week, they deleted almost 6 1/2 hours from one day.
We do not get check stubs. What can I do?
answered on Aug 12, 2020
The situation as you've described it sounds like a violation of the Fair Labor Standards Act, particularly if you are paid by the hour and your employer's deductions result in a loss of overtime hours worked. How did you find out about this? Are you allowed to ask for your clock-in and... View More
The worker who is claiming he didn't got paid, did a job prior to the job in dispute, that job had a leak issue and so caused several damages to the property, this worked had done the work after so had founds that i was going to pay however at the time of asking for proof that the repair was... View More
answered on Aug 7, 2020
More information is needed; clarification of the facts would better help me analyze your case.
In general, a dispute with a subcontractor on job "A" needs to be dealt with separate and apart from a subsequent dispute with same subcontract on job "B". In general, you... View More
answered on Jul 29, 2020
Texas is an at-will employment state, meaning either you or your employer can terminate the employment relationship at any time for any reason or no reason at all, as long as the reason is not discriminatory (i.e. is not based on your race, sex, age, disability, religion, or sexual orientation).
I am a former educator and in october 2012 I was brought into the district for inappropriate relationship with a student. They showed text messages we shared and asked i wanted to resign or have it go public. I resigned and in January I had my teaching certificate voluntarilly surrendered without... View More
answered on Jul 24, 2020
Ask an attorney who focuses on a practice area like Administrative Law and/or Professional Licensing.
I have been on furlough since April and collecting Texas unemployment weekly payment. I was recently layoff in June and was provided a one time lump sum severance package with my yearly accrual vacation time by my employer which was paid out separately. Will this payouts affect my unemployment... View More
answered on Jul 15, 2020
The general rule is that you cannot collect unemployment at the same time that you are collecting severance benefits. However, if your severance payment was only a one-time payout, you should only be ineligible for unemployment during the week you received your severance payout. The same will... View More
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