Get free answers to your Employment Law legal questions from lawyers in your area.
We went to their dr. and he commanded us back to work on day 2. My husband took personal time( 3 days) and a weeks vacation because he could not hardly sit up. He returned after that but was doing so bad. He took 2 more weeks off and continued to decline. He started a bad cough. He was placed in... View More
answered on Jul 12, 2017
It appears that you have been getting the run around from the worker's compensation adjuster and company. You should hire a worker's compensation attorney to handle this matter. There are many twists, turns, and challenges to a worker's compensation case. An experienced attorney... View More
answered on Jun 25, 2017
If you are getting wc disability that could stop, but not your medical benefits. You are supposed to have that for life if related to the injury.
Issue Mail Date Ruling
Quit-Hiring Agreement Changed Apr 11, 2017 We can pay you unemployment benefits, if you meet all other requirements, such as being able, available and actively searching for work.
Appeal Decision(s)
Appeal Number: 2154577-1
Appeal Level:... View More
answered on Jun 25, 2017
It would appear that TWC has reversed a decision saying you were not entitled to unemployment benefits to now say you ARE entitled to benefits if you otherwise qualify bc the evidence does not prove you lost employment due to your fault fired for cause or quit.
Hello, My manager accused me of stealing time from the job but it was actually an error on their part. I reported it to HR and they spoke to him and then he sent me a 3 paragraph email later that night. I reported to hr as it was retaliation and all she did was removed me and sent me to another... View More
answered on Jun 25, 2017
As you may be aware Texsa is an "at will" employment state so you can be fired for any reason or no reason unless you have an employment contract. What you describe could result in problems for you down the line so you want to make sure it is resolved. I suggest you contact the Texas... View More
My wife acquired her EB2-visa through her employer who asked her to sign only some pages of the contract that did not show her contract rate and their contract's duration. She started working for her employer in May 2016. She got her green card in Oct 2016 that is valid for 10-yrs. It is now... View More
answered on Jun 9, 2017
As far as immigration is concerned, your wife can leave her employment at any time without any effect on her green card. Whatever contract she may have signed is only a private obligation between her and her employer and has no effect on immigration. She should ask her employer for a complete copy... View More
I was searching for a new job found one they told me to place my two week in, which I did then come the day I start they run my driving record and tell me they can't cover me no job. Am I able to get legal compensation?
answered on May 12, 2017
Texas is an employment at will State. I don't feel you would have any legal recourse. You would need to consult with a labor and employment law attorney. Workers' comp deals with on the job injuries
Discuss other employmet option. What should I do? my surgery is still in dispute. And I'm still off work. They say I have to have a full release by may 22. Or my employment will be terminated I don't know what to do and my attorney is not giving me any advice. (Sigh)
answered on May 1, 2017
If you have an attorney, you need to discuss this with your attorney. Send your attorney an email. If your attorney will not communicate with you in a timely fashion, I suggest you fire your attorney. Under the Family Medical Leave Act, your job is only protected for 12 weeks. Your employer then... View More
I am really embarrassed of this but I was arrested when I was 18 years old for a class b theft misdemeanor. It ended up resulting in a conviction which I now know cannot be removed unless pardoned by the Governor of Texas. This is my first and only arrest/conviction. I am finishing up my second... View More
answered on Apr 20, 2017
This question should be answered by an attorney that focuses on Professional Licensing matters and/or Administrative Law.
If a provider left on bad terms, although voluntary, can they use former employer's contact numbers to write their prescriptions? I have had a few calls from pharmacies regarding her prescriptions for other patients. Is there any legal issues with this? Is there something that could place our... View More
answered on Apr 17, 2017
Bad practice for the doctor. Generally, if the doctor not there you should direct them back to the doctor's phone number.
It may be a technical violation, but likely not criminal though possibly so as to prescriptions for certain medications.
Your attorney should be able to... View More
6 years ago I was arrested and charged with a DWI; however, I refused to provide a breath sample and the video of my field sobriety test was lost, so my case was later dismissed, dropped, and I was not convicted. Despite having ZERO proof that I had consumed any alcohol that night, this arrest is... View More
answered on Mar 23, 2017
It will never go away by itself because the arrest records are public. However, if all charges related to the arrest were dismissed more than two years ago, then you are probably eligible to file for an expunction. Consult a criminal defense attorney that works in the county where you were... View More
Have been turned down for several job opportunities because of this charge, although I was never convicted and it was eventually dropped. There was never ANY proof that I had consumed alcohol- I did not blow and they lost the video of my field sobriety test--how is this unsupported charge STILL... View More
answered on Mar 23, 2017
The fact that you were even arrested is a matter of public record. The only way to get rid of the record is to hire an attorney to prepare and file a petition for expunction. You should be eligible if it was a misdemeanor and dismissed more than 2 years ago. You only get one shot at a proper... View More
I didn't know what hours I would be working at the start of the week and the manager wasn't there to ask when I showed up for work. My schedule also wasn't posted with the others so I just guessed what time I needed to leave. Does my employer have to pay me for the hours spent past... View More
answered on Mar 21, 2017
Your employer needs to pay you for all hours worked. They can then require that you don't work as many hours. However, if they are on notice that you worked those hours, then they have to pay you for the hours you worked.
All restrictions are removed including a brace given by previous w c doctor
answered on Mar 21, 2017
You need to dispute the extent of injury and set up a benefits review conference. You dispute the extent of injury by filling out a DWC 45 and filing it with TDI-DWC. You can find the form here: http://www.tdi.texas.gov/forms/dwc/dwc045brc.pdf However, I recommend you consult with an attorney... View More
nn
answered on Mar 11, 2017
Contact a member of the Texas Trial Lawyers Assn who handles workers compensation and construction injury cases. They give free consultations.
The doctor release me for light duty none driving, the compa the company wants me to work for a thrift store paying me minimum wage till i am fully releases to drive again do have to accept that?
answered on Mar 10, 2017
If your company does not have workers' compensation through the Texas Department of Insurance, Division of Workers' Compensation, I am not sure what the answer would be to having to accept light duty. Under Workers' Comp, you would have to accept the modified work or else loose the... View More
I had a second doctors appointment on company time and had to use my PTO in order not to get pointed (we work on a point system at work) for being late.
answered on Mar 3, 2017
Travel in the form of milage request can be submitted for payment to Designated Doctor exams and RME exams. Your time would be calculated through your temporary income beneits. But basically, the answer would be No. For more detailed information, your advised to consult with a workers'... View More
I was hit as a pedestrian by a pickup truck in the garage and injured. My supervisor days later filed a Workers Comp claim. Now our worker's comp insurer keeps calling me to complete paperwork. This is clearly a personal injury case and I've already retained a personal injury attorney... View More
answered on Feb 16, 2017
The general rule is that "course and scope" of employment does not coming to or leaving work. However, as with all laws, ther are exceptions. Your case may very well be covered by the "access doctrine". You will be covered as soon as you arrive at work even if you are not on... View More
I worked a total of 72 hours in two weeks and got paid $194. I made 80 in tips as well as I am a hair dresser and I am on commission. My company also takes additional color charges on top of the 60% of my earnings, which I've heard is also illegal.
answered on Feb 15, 2017
Nonexempt employees are entitled to minimum wage and overtime. Minimum wage and overtime wages are calculated on a weekly basis. Typically, hairdressers are classified as "independent contractors." Without knowing more about your situation, I can't say whether you are an... View More
answered on Feb 15, 2017
Texas is an at-will state. This means they can fire you for any reason as long as it is not a discriminatory reason.
This policy was implemented several months into my employment, at which time I had no standing record of unexcused absence, nor do I now. However this new policy has only been applied to myself and one other employee, but not any others. There are about 10 hourly employees. Only the two of us are... View More
answered on Feb 15, 2017
I don't understand your question. However, an employer must pay you for all hours worked.
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.