Lawyers, Answer Questions  & Get Points Log In

Texas Employment Law Questions & Answers

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 workers... Read more »

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.

View More Answers

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... Read more »

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 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 laid off,...
Read more »

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 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 Lyn 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 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.

View More Answers

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 to... Read more »

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 against the... Read more »

View More Answers

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 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 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 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

View More Answers

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 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 advances... Read more »

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 supervisor, you...
Read more »

View More Answers

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... Read more »

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. Good... Read 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... Read more »

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 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.

View More Answers

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... Read more »

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... Read 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 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

2 Answers | Asked in Criminal Law and Employment Law for Texas on

Q: Is this illegal?

Someone was texting me saying I knew them. I went along with it for a while. Once I found them out completely they revealed that they accessed my personal information through a computer at work. Is there any way to find out who they are and bring justice? Did they commit an actual crime?

Grant St Julian III answered on Feb 21, 2018

It is POSSIBLE that a crime has been committed, but more facts would have to be uncovered. See Section 33 of the Texas Penal Code for the law on the subject. To institute criminal proceedings, contact law enforcement in your area.

View More Answers

1 Answer | Asked in Civil Litigation, Employment Law and Civil Rights for Texas on

Q: How should I pursue getting money that is owed me from a company that I worked for?

They took money from my checks to pay for maintenance on company vehicles, altered my time sheets that I submitted to payroll, and never paid me my last check or for hours I worked before I was terminated.

Matthew Valley answered on Feb 17, 2018

You can go talk to a local employment lawyer. Usually ones representing employees give free consultations and might be willing to take up the case on a contingent basis (they only get paid if you do). Alternatively, you can file a wage claim with the Texas Workforce Commission and/or the Wage Hour... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on

Q: I have a right to sue letter from the EEOC for a claim disability discrimination in which I was fired from my job.

Employer stated I was fired for other reason. If my medical accommodation was never made could they make up other reason to fire me?

Matthew Valley answered on Feb 11, 2018

Employers frequently will try and produce alternative, legal reasons for termination of an employee. You should talk to a local employment lawyer ASAP to discuss your case, as a person must file suit within 90 days of an EEOC right to sue letter. These cases are too detail intensive to evaluate... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.