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Texas Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Texas on
Q: If i'm off from 1 job for an injury, can i work second job with injury restrictions

Injured at 1 job, they don't carry workers comp insurance but are paying medical bills but won't let me work with my medical restrictions. I have a second job that i can work with my medical restrictions. Are there repercussions for working my second job either for me or my second employer?

Daniel John Christensen
Daniel John Christensen
answered on Jan 14, 2019

There is nothing legally keeping you from working your second job that can be done with restricted or limited duty. But, you should be extremely careful so that you do not aggravate your injury, which the defense will use to argue they should not have to be responsible for treatment after that... View More

1 Answer | Asked in Employment Law and Immigration Law for Texas on
Q: If I work right now with an EAD, is it possible for my green card status to go to a pending status?

I want to work right now if I can without getting any process denied but, I want to get opinions from other lawyers.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Dec 17, 2018

One cannot simply apply for a work authorization; there has to be an underlying basis for it. If you have that basis, then working prior should have no impact on your ability to apply for a green card. If you have no other basis to apply for a work authorization, you might as well apply for the... View More

1 Answer | Asked in Employment Law and Traffic Tickets for Texas on
Q: Who is responsible for paying fines for statue 65-1-26 citation, the driver or the company they are driving for
Grant St Julian III
Grant St Julian III
answered on Nov 29, 2018

The operator of any motor vehicle is responsible for all citations arising out of the operation of said motor vehicle.

2 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for Texas on
Q: Can employer force you to file a workers comp claim for an injury that occurred outside of work, not in the work place?

Only one day of work was missed, and the employee was fine to return to work the next day. The injury was unrelated to the job, happened outside of work; and the employee doesn't need workers compensation, just a day to rest at home and take some medication. Can the employee refuse the... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Nov 29, 2018

There is no reason to file a workers' comp claim if the incident was not work related. Work related injuries can occur off the premises if the incident occurred while you were in the course and scope of employment.

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1 Answer | Asked in Employment Law and Sexual Harassment for Texas on
Q: Husband's new boss refuses to pay wages owed after asking me to have sex with him for money. What can we do?

Husband is subcontractor in construction and was promised on going work. I was told his boss interested in administrator for company. During discussion while waiting for husband's return from assignment, the new boss asked me if i would have sex with him for money. After being declined, he... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 28, 2018

Does the company have more than 15 employees?

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: I just got terminated from my work. I have approximately 85 hours of vacation time I accrued. Can they keep it?

Do they have to give me my earned vacation pay?

Roy Lee Warren
Roy Lee Warren
answered on Nov 28, 2018

Many times it may depend on the employer's policies. I will provide you a link to the Texas Payday" laws with TWC which I am sure will provide the answers you seek. Good luck.

Final Wages

Delivery of final wages can be made by the methods listed above. If an employee is...
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1 Answer | Asked in Employment Law, Workers' Compensation and Car Accidents for Texas on
Q: I

I was backed into on domino's parking lot by a delivery driver. Domino's took care of the medical bills but is saying to me as of today they aren't obligated today me lost wages know that it wrong I looked. I needn't money.

Peter N. Munsing
Peter N. Munsing
answered on Oct 11, 2018

You have a claim for your injuries and lost wages. Contact a member of the Texas Trial Lawyers Assn for the County where it happened. They give free consultations.

1 Answer | Asked in Contracts and Employment Law for Texas on
Q: Can i withhold a nanny's paycheck if she quits without 2 weeks notice as agreed in the contract?
Tammy L. Wincott
Tammy L. Wincott
answered on Oct 4, 2018

If the person worked the time and earned the wages, I suggest paying them. If your contract contains penalties for not giving two weeks notice, then proceed accordingly.

2 Answers | Asked in Employment Law and Workers' Compensation for Texas on
Q: If the hotel I work at is temp. shut down do to black mold, do we the employees get compensated for our losses?
S. Michael Graham
PREMIUM
S. Michael Graham
answered on Aug 24, 2018

You would not get paid. This is really an employment and Labor law question as opposed to workers’ comp which deals with on the job injuries.

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2 Answers | Asked in Employment Law, Workers' Compensation and Car Accidents for Texas on
Q: My son works for Domino's Pizza in TX, and he was in a car accident (fault of the other person) while on a delivery.

He was told that he has whiplash and some bruising to his left shoulder causing him to miss work. He was checked out by the company's physician and although she confirmed the whiplash and bruising to his left shoulder, prescribed him some Motrin and a muscle relaxer, she cleared him to return... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Jul 10, 2018

If the employer purchased a policy of workers' compensation, your son could get his medical expenses and lost time paid through the workers' comp carrier. You cannot collect pain and suffering under workers' comp because it is a policy of insurance only. Your son could make a claim... View More

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1 Answer | Asked in Criminal Law and Employment Law for Texas on
Q: Hey I recently applied for Gainesville state school and I had a situation about my conviction for criminal trespassing

I have the signed “Order Of Seal” from the judge and will that still disqualify me from getting hired at the TJJD as a correctional officer?

Grant St Julian III
Grant St Julian III
answered on May 17, 2018

Law enforcement and certain governmental and licensing agencies will retain information about criminal cases, even if an order of non-disclosure has been entered. What will happen in your specific case is unknown. Good luck.

1 Answer | Asked in Contracts, Employment Law, Business Formation and Education Law for Texas on
Q: Starting a after school program at a school district. Wanting to know how to get a contract developed between partners.

Wanted to know what type of business would be better: non-profit or a LLC. Should I have a lawyer look over contract between my company and the school district. Do I need another company to handle taxes and payroll.

Benton R Patterson III
Benton R Patterson III
answered on May 14, 2018

An attorney would need to know more about the program to advise on what type of business structure to use. There are many factors to consider when forming a business. It would be best to have a lawyer review a contract with a school district.

2 Answers | Asked in Criminal Law, Domestic Violence, Employment Law and Family Law for Texas on
Q: will a charge of "assault family violence" from 5 years ago affect employment after graduating from college?

just curiosity, thank you

Grant St Julian III
Grant St Julian III
answered on May 7, 2018

It will be up to the individual potential employer as to how a criminal record will affect a candidate. You will not be able to to work at any job that requires you to possess a firearm

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1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: Been injured on the job and working with accommodations. If I quit, is workmans comp on the hook for the rest of rehab?
Roy Lee Warren
Roy Lee Warren
answered on Apr 9, 2018

Yes, changing jobs does not affect your entitlement to life-time medical for your on the job injury.

3 Answers | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Texas on
Q: Extreme sexual advances daily by boss. He assaulted me yesterday while holding a firearm threatening to have me arrested

He has me in his truck 280 miles from home working on a remodel. We're the only 2 people working the job. The owner of the house is a federal agent and my boss is using that to bully me. Im paid in cash. I have asked for him to sign a contract labor agreement, to which he has refused. His... View More

Gary D. Peak
Gary D. Peak
answered on Apr 7, 2018

So if he is an Ex con, why not report him to police as felon in possession of a fire arm?

He is not required to sign any contract as Tx is an "at will" State, which means they can fire you without cause, subject to some limitations.

If this abusive boss, has a...
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Q: Hello sorry to contact you so early but I need advice due to harrasment on my job from supervisor.

I have been employed with United Healthcare since 2009 a new supervisor was transferred to our company from Florida. I received a letter stating I will be terminated as of 4/2/18 even though I did not voluntarily quit. My insurance was all so cancelled I am still under psychiatric care due to I had... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Apr 3, 2018

Mental trauma injury is not covered by workers' compensation unless it involved a one time event resulting in the trauma. If you have issues with your supervisor who is discriminating against you because you have an injury, you will need to consult with a labor and employment law attorney.... View More

1 Answer | Asked in Employment Law, Workers' Compensation, Medical Malpractice and Small Claims for Texas on
Q: Can I do something about all this things that are going on with this doctor? not all details were included.

My employer is a specialist that performs oral surgeries. Her assistants are phlebotomist and not surgical assistants nor dental assistants, but they are next to her doing surgery with very minimal to no training. She has them taking x-rays without a license. She also leaves out of town and the... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Mar 29, 2018

These are potential violations of the law which need to be addressed by the appropriate agencies like the state medical board, health department, OSHA, or district attorney's office. These violations do not fall under workers' comp which deals primarily with injured workers.

2 Answers | Asked in Divorce, Employment Law and Immigration Law for Texas on
Q: I’m getting a divorce, what can I do about renewing my work permit if it expires next month?

I previously had DACA that expired December 2016 and since I got married with a legal citizen, we started the process of fixing my status. But we’re getting a divorce and I’m not sure where that leaves me.

Elisha F Svosve
Elisha F Svosve
answered on Mar 20, 2018

EAD renewal depends with where you are in the underlying application process... consult with an immigration lawyer as soon as possible.

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1 Answer | Asked in Employment Law, Domestic Violence and Employment Discrimination for Texas on
Q: Is a police incidient in Little Elm, TX public record and easily accessible to anyone?

My wife called the cops on me, as I had a gun I was moving to a brand new safe that was purchased. When the cops came, they questioned her and me, and she pressed no charges after they realized nothing had occurred, other than her freaking out. I am looking to get a new job, and my fear is this... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 9, 2018

Unless you were arrested, it is unlikely this incident would appear on a background check in 2018. There is almost certainly a record of it somewhere, so it is hard to predict what will appear on a background check 20 years from now... but today you mostly have to worry about situations that go a... View More

1 Answer | Asked in Contracts, Copyright, Criminal Law and Employment Law for Texas on
Q: hi if sale beer to minor is that effect on my record ?

state texas have tabc certificate first time happen to sale beer minor is that effect on my record

Grant St Julian III
Grant St Julian III
answered on Mar 6, 2018

The sale of beer to a minor is a criminal offense, anf if convicted the case will permanently be on your record. Call a local attorney before appearing in Court

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