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Texas Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Texas on
Q: My husband had a fall from a scaffold at work in January 2017. They called the ER and demanded no time off.

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

David Alan Wolf
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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

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: Im on workmancomp i do get benefits but if i get another job because of financial reasons will they cut off my benefits
Roy Lee Warren
Roy Lee Warren
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.

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: What does this mean ?

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

Roy Lee Warren
Roy Lee Warren
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.

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: My employer accused me of stealing time?

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

Roy Lee Warren
Roy Lee Warren
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

1 Answer | Asked in Contracts, Employment Law and Immigration Law for Texas on
Q: How long is my wife obligated to fulfill her contractual obligations w/ her employer who didn't show her their contract?

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

Roger Carl Algase
Roger Carl Algase
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

1 Answer | Asked in Employment Law, Workers' Compensation, Business Law and Communications Law for Texas on
Q: Placed two weeks in new job then ran my driving record and said sorry but you can't work here even though it was arrang

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?

S. Michael Graham
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S. Michael Graham
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

1 Answer | Asked in Workers' Compensation and Employment Law for Texas on
Q: employer just informed me after that after 1 yr. They will terminate my employment or I can go to HR to

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)

S. Michael Graham
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S. Michael Graham
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

1 Answer | Asked in Criminal Law, Employment Law and Education Law for Texas on
Q: Will a petty theft conviction I received when I was 18 disqualify me from the electrical engineering field?

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

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 20, 2017

This question should be answered by an attorney that focuses on Professional Licensing matters and/or Administrative Law.

1 Answer | Asked in Legal Malpractice, Employment Law, Health Care Law and Medical Malpractice for Texas on
Q: A previous provider is using our clinic phone number to write prescriptions for her new practice. Is this legal?

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

Peter N. Munsing
Peter N. Munsing
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...
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1 Answer | Asked in Criminal Law, DUI / DWI and Employment Law for Texas on
Q: 6 yr DWI charge and arrest that was later dropped is STILL haunting my employment prospects. WHEN will this go away?

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

Kiele Linroth Pace
Kiele Linroth Pace
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

2 Answers | Asked in Criminal Law, DUI / DWI and Employment Law for Texas on
Q: I was arrested & charged w/DWI 6 yrs ago but it was dropped & i wasn't convicted. Y is this still effecting job apps?

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

Kiele Linroth Pace
Kiele Linroth Pace
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

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1 Answer | Asked in Employment Law for Texas on
Q: Does my employer have to pay me for the hours I worked when I accidentally staying past my assigned shift?

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

Beatriz Adriana Sosa-Morris
Beatriz Adriana Sosa-Morris
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.

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: What to do when you disagree with the company doctor And you know that the injury was work related

All restrictions are removed including a brace given by previous w c doctor

Beatriz Adriana Sosa-Morris
Beatriz Adriana Sosa-Morris
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

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Texas on
Q: I fell through the ceiling of the second level at the workhouse that I work in.. what do you suggest that I do?

nn

Peter N. Munsing
Peter N. Munsing
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.

2 Answers | Asked in Workers' Compensation and Employment Law for Texas on
Q: I am a CDL driver, I hurt my foot getting out of the truck, the company have their own insurance similar to workers com

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?

S. Michael Graham
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S. Michael Graham
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

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2 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for Texas on
Q: I'm in dallas, tx. Is the company supposed to pay us for doctors appointments not on company time or on company time?

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.

S. Michael Graham
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S. Michael Graham
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

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2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Texas on
Q: I was on my way to work just parked in a parking garage across the street from the place of my employment.

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

S. Michael Graham
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S. Michael Graham
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

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1 Answer | Asked in Employment Law for Texas on
Q: Can my job get away with paying me under minimum wage being a hairdresser?

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.

Beatriz Adriana Sosa-Morris
Beatriz Adriana Sosa-Morris
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

1 Answer | Asked in Employment Law for Texas on
Q: Can you be fired for violation of company policy,if the company policy states it is not a contract nor a legal document?
Beatriz Adriana Sosa-Morris
Beatriz Adriana Sosa-Morris
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.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can my employer take from my hourly wage for absences but not apply the same policy to the rest of his employees

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

Beatriz Adriana Sosa-Morris
Beatriz Adriana Sosa-Morris
answered on Feb 15, 2017

I don't understand your question. However, an employer must pay you for all hours worked.

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