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Texas Employment Law Questions & Answers
2 Answers | Asked in Criminal Law, Employment Discrimination, Employment Law and Personal Injury for Texas on
Q: I am a victims of an attack and assaulted at the work place parking lot by another co-worker as I was unlocking my car.

I work a privately own Medical establishment. The owner who is having me come to work Monday 03/01/2021 in a Hostile environment with the Attacker. And refusing to pay me Medical Leave , due to I am Traumatized and need Medical help and I am scared of my Attacker. The Attacker who's worked... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 28, 2021

Contact a member of the texas Trial Lawyers association who handles workers compensation cases in your county. you can discuss with him the options you may have for other claims.

You can also report the assault to the police.

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1 Answer | Asked in Car Accidents, Employment Discrimination, Employment Law and Sexual Harassment for Texas on
Q: Confessed having sexual relations with 2 elderly women at last job nothing has happened and frud in car accidents

Confessed at 8pm central time what is happening in Oklahoma

Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2021

It's not clear that you have a question. However as it involves some serious issues, and this is a public site, I suggest you contact an attorney who handles criminal defense in the states where you are charged or where you have concerns and do not discuss these issues on any social media.

1 Answer | Asked in Employment Law, Federal Crimes and White Collar Crime for Texas on
Q: Can I file a lawsuit to have a fraudulent W-2 revoked?

Can I file a lawsuit to have a fraudulent w-2 revoked?

I am an independent contractor.My life line during the pandemic depends on gig worker assistance. A company fraudulently re-characterized me as a w-2 employee after I terminated all business relationship with them due to consistent... Read more »

Teri A. Walter
Teri A. Walter answered on Feb 24, 2021

I don't know what claims you could make yourself, but you could report the situation to the IRS. If they claim you were a W-2 employee, they should have been paying payroll withholding, and weren't. That can result in a 100% penalty against the company, and against anyone who had... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: I am commission based, working for a company. Are they legally allowed to make us stay at work without pay?

My work has recently made a policy that makes us drive up to work, clock in then either leave until clockout or sit at work, unpaid. We only get paid when we have services. We waste gas and time when we are forced to go to work twice daily without pay. Is this legal?

Kyle Anderson
Kyle Anderson answered on Feb 4, 2021

Hi, more information is needed here. If you are in an outside sales role, the company is not required to comply with federal law for minimum wage/overtime. It doesn't sound like you are though because you are going to the office every day. More information is needed about what you are actually... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: What does my Appeal mean?

I received both ruling. I am not sure if I will get unemployment benefits after my appeal. That is what it says and I am not sure what exactly does it mean.

Valid Claim:We affirmed the previous ruling.

Separation from work : We reversed the previous ruling.

Tim Akpinar
Tim Akpinar answered on Feb 3, 2021

A Texas attorney could advise best, but your post remains open for two weeks. As a GENERAL matter in ANY type of case, if an appeal contains multiple elements, courts could rule categorically on them, denying some and affirming others. A Texas attorney who works in Employment Law would have the... Read more »

2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Texas on
Q: Hurt back at work. got on workers comp. been on it for a year and a half. had a lawyer for a year. we're are coming up

on the finalization. I have a very good case I know we would have this. My second W.C. adjusters own doctor appointment is this Thursday. The lawyers emailed me today with some very bogus untrue reasons that they are not taking this farther because we wont win the case in court. I'm not... Read more »

Daniel John Christensen
Daniel John Christensen answered on Feb 2, 2021

I am sorry to hear about what happened with your lawyer. While I don’t know enough about your situation to give you any advice here, I can advise you to seek new representation as soon as possible. In Texas, personal injury lawsuits must be filed no later than two years after the event. The... Read more »

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1 Answer | Asked in Employment Law for Texas on
Q: I contracted covid and was out of work. I want to know about the ffc act Trump put out for employees who test positive.

Do you have to have PTO or are they supposed to still pay you.

Carrie Dyer
Carrie Dyer answered on Jan 27, 2021

The mandatory provisions of the Families First Coronavirus Response Act expired on December 31, 2020. Therefore, if you contracted COVID-19 and were out of work after that date, then your employer would not be required to provide paid sick leave under the Act. However, if this occurred in 2020,... Read more »

2 Answers | Asked in Bankruptcy, Employment Law and Tax Law for Texas on
Q: My employee deducted my court ordered bankruptcy payments from my checks, but didn't send the money to the trustee.

My W2 shows a $5000 difference from what was deducted vs what the trustee received. My bankruptcy lawyer has been no help & now my bankruptcy case is being dismissed. Is there anything I can do about this since my money was mishandled by my employer? What/if any law would the employer be... Read more »

Mr. Chad Van Horn
Mr. Chad Van Horn answered on Jan 21, 2021

Tons of laws! Basically, this would be the equivalent of civil theft. I would first alert the trustee and they may take care of it. If not, I would file a motion to compel in the bankruptcy court to have the money turned over.

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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Employer let me go after telling me to quarantine and test. Results were negative and let go day 13 of 14 quarantine.

I was informed I had been exposed to the virus. When I told employer they said go home and quarantine immediately for two weeks and get tested. After receiving negative results I contacted immediate supervisor via text. After no response I contacted the owners wife via text stating when I would be... Read more »

Carrie Dyer
Carrie Dyer answered on Dec 30, 2020

It sounds like your employer may have violated the Emergency Paid Sick Leave Act of the Families First Coronavirus Response Act. Subject to some exceptions, employers with less than 500 employees are required to make 80 hours of paid sick leave available for full-time employees, and the equivalent... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Can an employer pay 50% below what was agreed over emails for a three weeks trial as private chef ?

I was hired in Austin, Texas for a two weeks trial/internship for a private chef position. I sent the cost per hour of my services via email. At the end of the second week I was requested to stay for a third week which I did. I then was asked to submit a report with the hours worked for those... Read more »

Carrie Dyer
Carrie Dyer answered on Dec 22, 2020

Additional information is needed to determine if you have a wage and hour law violation. It sounds like you may have a contractual or quasi-contractual claim as well. You should reach out to an attorney in your area to discuss the details of your situation and your potential claims.

1 Answer | Asked in Employment Law for Texas on
Q: I was let go from my job and they offered me a severance deal. Does this affect filing unemployment?
Rhiannon Herbert
Rhiannon Herbert answered on Dec 15, 2020

For unemployment purposes, the general rule is that you cannot receive unemployment at the same time you are receiving a severance payment (it is viewed as if you were still employed and paid for your work). However, after your severance period ends, you will become eligible for unemployment.

1 Answer | Asked in Employment Law, Business Law, Collections and Constitutional Law for Texas on
Q: How do I collect on a case that was granted in my favor in court. And is still growing interest

The company never showed up for court after being served they moved the company on the same day

Teri A. Walter
Teri A. Walter 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... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: I lost my job d/t retaliation for ℅ inequity of pay for the managers that reported to me.

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... Read more »

Carrie Dyer
Carrie Dyer 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... Read more »

3 Answers | Asked in Employment Law and Personal Injury for Texas on
Q: Is being terminated under a doctor's care legal

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... Read more »

Carrie Dyer
Carrie Dyer 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... Read more »

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1 Answer | Asked in Employment Law for Texas on
Q: I work for private job taking care elderly woman for 3 weeks they only paid me one they don’t want to pay the rest

What or where can I go to complain so she can paid me 74 hrs @9.50 hr can you help me thank you

Teri A. Walter
Teri A. Walter 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

1 Answer | Asked in Intellectual Property, Employment Law and Business Law for Texas on
Q: Do I have a case to sue for damages based on a violation of my intellectual property rights?

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,... Read more »

Allison Higgins
Allison Higgins 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...
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1 Answer | Asked in Contracts and Employment Law for Texas on
Q: Can I change the "at-will" contract with my employer to "without cause" to have more employment protection rights?

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... Read more »

Teri A. Walter
Teri A. Walter 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...
Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Hello, I recently got covid. My job did not pay me, although I am a full-time employee. Is there anything I can do?

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.

William S 'Bill'Hommel Jr
William S 'Bill'Hommel Jr 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.

1 Answer | Asked in Employment Law for Texas on
Q: Can your boss require you to do work for all his multiple business entities but only pay you for one?

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.

William S 'Bill'Hommel Jr
William S 'Bill'Hommel Jr 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.

1 Answer | Asked in Employment Law for Texas on
Q: My wife works at a large hospital scheduling appt.'s. Can they force her to screen incoming patients for Covid-19?

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... Read more »

William S 'Bill'Hommel Jr
William S 'Bill'Hommel Jr 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... Read more »

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