Get free answers to your Employment Law legal questions from lawyers in your area.
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?
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.
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.
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... View More 
Employer stated I was fired for other reason. If my medical accommodation was never made could they make up other reason to fire me?
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... View More
I was an employee of a company called 12 GCS I worked for them from September 2017 until January 2018 I got a 1099-misc from them instead of a w-2 saying I was not employee but being compensated. They fired me in Jan out of the blue but if I was not an employee how could I be fired? I know I was an... View More
answered on Feb 11, 2018
You can file an SS-8 with the IRS to get a decision from them on whether or not for federal tax purposes your position should be viewed as an employee/W2 or independent contractor/1099. Employers like to categorize individuals as 1099 contractors because they don't have to pay the employer... View More
The WC people at her school will not approve an MRI or treatment by an orthopedic doctor.
answered on Jan 22, 2018
If your daughter works as a public school in Texas, she will be covered by workers' compensation. If she works for a private institution, there may or may not be workers compensation coverage. If she is covered by the Texas Department of Insurance, Division of Workers' compensation, she... View More
My wife reported what happened to her boss and told him she had to leave to check on me. He refused to let her go. Can he do this? And does it violate the fmla?
answered on Jan 18, 2018
fmla only violated if she puts in the paperwork. This is America--you think it violates a law to not allow an employee time to go to an emergency room? If she left, was fired, she could argue it was not wilful misconduct because she was reacting to an emergency. That's about all the law does... View More
I was unable to complete the IT project because I was injured on the 2nd job. I had completed hundreds of hours of IT work and had about 200 hours to finish the project. The company I was working on the IT project for says they are not going to pay me. I sent the invoice to the company I did the... View More
answered on Jan 10, 2018
You should have a contract. A contract can be written or verbal. Obviously, its much harder to prove up a verbal contract, but if you can then they would owe you the money. I'm not too sure how much they owe you. This may effect where a lawsuit would need to be filed. You should get an email... View More
I utilize 1099 technicians but a major customer is requesting only W2 employees for a particular project. Is there an easy way to show/convert my 1099 guys to W2's seeing that I pay them dependent upon the project/service ticket they are working on. I don't have a set minimum wage or set... View More
answered on Jan 5, 2018
Unfortunately, you ask a very complex type of question because whether a person is an employee or a independent contractor as been subject to much litigation. Answering the question depends on may factual details such as whether you control the work details, hours worked, location, how payments are... View More
I pick up trash at night time. I'm required to use my flashers at all times when the vehicle is parked even though I have 2 magnets, one inside and outside my vehicle that say who I work for. If my vehicle battery dies due toflashers draining the battery, am I allowed to submit a claim with my... View More
answered on Jan 5, 2018
This is not really a wc question but I will answer for you. Go to the website below and it should give you the answers you seek because it provides information on what workers in Texas (not sure about Florida) are entitled to be paid for. Good luck to you.... View More
at a men's club a vip member is continually date the dancers who his lawyer said is herpes positive and the general manager won't do anything to warn the girls or prevent him from going back due to the money he spends and who is lawyer is
answered on Jan 3, 2018
Confront the V.I.P. and tell him you are aware of his criminal conduct. Given him an opportunity to clean up his act, and if he does not, contact the District Attorney to file charges. Make sure you tell the prosecutor who the lawyer is so he can be contacted when, or if, charges are going to be... View More
Case for burglary of a vehicle was dismissed november 22 2016 , i was on "probation terms" for 6 months and i failed 5 piss tests so they put my in juvi followed by rehab 30 days and i got sentenced 18 months probation but only did 12 and they let me off. Will that show up on my... View More
answered on Jan 2, 2018
If it is "juvi" the record is sealed, so no, it should not show up in a background check. A straight deferred adjudication probation successfully completed WILL show up on a background check. To keep this from happening a motion for nondisclosure can be filed 2 years after successful... View More
Wife & her Ex have been DIV'd since 2014. He and she work for diff contractors for X. He watches her in the parking lot when he should be working. If she is in a building and he is there, he makes and effort to leer at her as she walks by with his jaws clinched, she is afraid of what he... View More
answered on Dec 21, 2017
If the behavior ever rises to the level of actual threats it might be enough for a Protective Order under Chapter 7A of the Texas Code of Criminal Procedure.
My wife and I were together for around a year and a half. She decided she wanted other things out of life. She cheated with my boss (also her boss. Lots of business meetings you know) . When I found out she stopped coming home and basically moved in with this guy. He is now firing me and evicting... View More
answered on Dec 5, 2017
Assuming you do not have an approved I-130 you will not be able to complete the process without her. If you do have a conditional green card already then you will be able to remove the condition via an I-751 filed with a waiver. I recommend consulting with an immigration attorney in private so that... View More
I have been going to therapy for over three weeks and have not had any significant improvement in mobility. The Dr. Is at a Urgent Care type place, and I don't feel that the treatment being given is effective. My H.R. told me that if I choose to go to my personal Dr. I lose WC.
answered on Dec 5, 2017
No you do not lose wc benefits, however, the insurance carrier may not have to pay your personal doctor. Also you may also have to continue to see their doctor in order to get income benefits because they may not honor you personal doctor, particularly if they have "network" doctors. If... View More
Im an assit. Manager for apartments in texas, owned by a corporate. My Contract says m-f 1pm-5:30pm free rent on an apartment on site. If they ask me to work other hours outside of the 1-5:30pm should I be getting paid actually $$ for those hours?
answered on Dec 5, 2017
This is not really a wc question but I will point you in the right direction to get your question answered. I will post the website for you below regarding the Texas Payday laws. Good luck to you.
http://www.twc.state.tx.us/jobseekers/texas-payday-law#paymentsSubjectToPaydayLaw
answered on Dec 4, 2017
This is a question for your H1B company’s counsel as they will have responsibility over your case.
Hi,
I work with a business who ceased operations and announced liquidation. Now they are paying my total balance partially by saying they are rejecting all of the invoices after the date of liquidation. Can I dispute this legally, what's yours advise?
Thank you
answered on Nov 30, 2017
Did they file bankruptcy or are they winding down the business? If they are in a bankruptcy case, then an attorney can probably help you. I would need to see the actual documents though, to understand what exactly is going on.
I'm not the only 1 late for 2days this doesn't seem right.
answered on Nov 21, 2017
I'm a workers' compensation attorney and not an employment law specialist. The general rule is that you are not entitled to unemployment if you are fired for cause. In this case, although the company will allege cause, it appears to be a minor infraction standing by itself. If you have... View More
I signed a 2 year Non-Compete Agreement that would prohibit me from working for another aviation staffing company within 50 miles of their office. But I only worked 1 week and a day with that company. I found a job that is 23 miles from that company.
answered on Nov 20, 2017
The answer to this question depends on the terms of the agreement and your new company. Is your new company a competitor? If so, you might not be able to work for them.
I worked at a coffee shop that is only drive thru, there is another coffee shop that offers a place to sit down and wifi so I will go there to do my homework. Recently the competing coffee shop that offers the wifi took a picture of me and posted it to their social media which resulted in my firing.
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