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Texas Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Texas on
Q: I applied at a company for a position and they didn't hire me, now hiring me through a temp. is that legal?

went through the interview process at the company directly, they emailed me saying that they weren't hiring me, i go to a temp agency and the company i applied to is now hiring me through them for the same job that i applied for directly to the company. Is there anything illegal about that?

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

It depends. If they hired you through a temp agency just to classify you as an independent contractor and not pay you overtime, then you may have a claim for overtime.

1 Answer | Asked in Workers' Compensation and Employment Law for Texas on
Q: I was a CDL driver when I was injured IN 2013 and am now returning to a driving career, I was given a wrongful reference

My old employer gave false dates and put that I was injured and had hired an attorney for my injury. They made it sound as if I was a risk to hire because I had hired an attorney when I was hurt on the job with my old employer. The new company I applied at denied me employment due to this reporting... View More

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

You may want to look at the settlement agreement you entered into with your old employer over the work related injury. It may include a "mutual non-disparagement" or require the old employer to give you a neutral employment reference.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: My previous employer refuses to pay me and now he is out of the country. I have no idea how to get him to pay me.

I worked with my previous employer for almost a year. I was a property manager for his properties and aside from being a bad boss he always paid late so I finally decided to quit July 2016. He owes me a little over $1700 dollars and refuses to pay. I constantly send him emails and call him but no... View More

Anton Pal Montano
Anton Pal Montano
answered on Oct 28, 2016

I am sorry that you are having to deal with this situation. If you have not done so yet, you might consider filing a complaint with the Texas Workforce Commission about your employer's failure to pay your final paycheck. This may be a violation of the Texas Payday Law and the TWC... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: Can my job not offer me some type of severance at all?

I was injured on 11/17/14 while on the job. I had a very small bulging disc in my L4,L5. At the time all I needed was a small surgery to shave off the small bulge. I was cleared to return to work on 04/26/15 and on 6/10/15 I re-injured my lower back which then required surgery. I recently had lower... View More

Roy Lee Warren
Roy Lee Warren
answered on Oct 11, 2016

They can certainly try to do it, but if I were you I would not stand for it. The IC must prove your disability is solely caused by the intervening accident, a very difficult burden. Did you make a new claim on the new injury? (I hope). As you probably know TIBs typically stop after 104 weeks (2... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Public Benefits for Texas on
Q: I have had long term disability benefits offset by veterans disability benefits unjustly

Received LTD benefits from Liberty Mutual Ins. for 2 years. During that time, I started receiving VA disability benefits. LTD benefits were "offset" by Liberty Mutual to the tune of $62,400. The issue is the vague language used to justify the offset which did not specifically mention... View More

Roy Lee Warren
Roy Lee Warren
answered on Sep 30, 2016

Wow, it looks as though you have done your homework! This is one of those areas where I like to shout from the rooftops. My opinion; carriers should not be allowed to sell LTD because when a person qualifies for LTD the carrier has a provision in its policy allowing its' self to take a credit... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: I have not been paid 5 weeks of pay from an employer who laid me off a month ago. What're my legal options?

We have been delayed pay for 5 weeks due to the fact that the company was not being reimbursed by Medicare due to an error in medicaid numbers. I was laid off. It's been a month since being laid off. I did text them every week since they would not reach me to give me updates. They said that I... View More

Roy Lee Warren
Roy Lee Warren
answered on Sep 30, 2016

Contact the Texas Employment Agency (TWC), it will assist you. The employer must pay you on its next regularly scheduled payday after your layoff. It can be subject to stiff fines for not timely paying you. Good luck to you.

Q: On 8/10/16 my brother suffered from sever dehydration and a heat stroke while at work.

His coworkers did nothing to help him, they just left him there on the ground. He was some how able to call a close friend to go drive the worksite and render aid to him. He was suffering sever cramps and could not move. His friend got there and saw him in very bad shape so he immediately called... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2016

Contact a member of the Texas Trial Lawyers Assn who handles workers comp and construction site injuries. They give free consultations.

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Texas on
Q: I work for HEB and was recently injured on the job, i was wondering what kind of benefits i have or if i have a case?

In june i got injured while on the job, at the time i thought i had a messed up rib, so i wrote a report and they started me on their return to work program. The doctors they sent me to were horrible, never truly checked on me, just a eyeball and assumption. After 3 months i had enough and left the... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 9, 2016

Contact a member of the Texas Trial Lawyers Assn who handles workers comp--they give free consults.

1 Answer | Asked in Car Accidents, Personal Injury, Employment Law and Workers' Compensation for Texas on
Q: Is this something is like follow up with a lawyer? I feel like the managers are treatingme unfairly because of the claim

HR filed a workmans comp claim for an injury. first issue is that I don't feel like my employer is following the restrictions from my doctor. And my second issue is I'm on a medication that the doctor provided on the restrictions list to my employer. It stated the medication can make me... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 5, 2016

You should contact a member of the Texas Trial Lawyers Assn who handles workers compensation and employment related issues--they give free consults.Your oversleeping is on you. Yes it is due in part to the medication but you are responsible for being up and out. But you need some specific guidance... View More

1 Answer | Asked in Criminal Law, Employment Law and Libel & Slander for Texas on
Q: I need a pro bono attorney that would work with me for accusation of embezzlement from my previous employer.

Attorney can be paid from proceeds from the settlement.

Peter N. Munsing
Peter N. Munsing
answered on Aug 25, 2016

In case you are charged, first get the advice of a criminal defense atttorney. You may have to pay. Then find out your options by contacting a member of the Texas Trial Lawyers Assn who handles libel cases.

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Texas on
Q: Got hurt on the job on 11/19/15. Got MRI , I have 2 herniated disc and sciatica ,was out of work for 4 months.

Got and injection and started to get better. Went back to work and hurt my back again. Was out for 1 week. WC paid me benefits. 1 month later got hurt again, Still worked. After work on friday my boss calls me at 9 pm tells me u have to go to a service call I told him I couldn't I took my pain... View More

Roy Lee Warren
Roy Lee Warren
answered on Aug 19, 2016

You may have a fight on your hands but you should still be entitled to benefits. I am not sure how anyone could tell you had been drinking from a telephone call but it appears you did the right thing telling them you could not come to work. As for termination, an employer can fire you for any... View More

1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Medical Malpractice for Texas on
Q: Tx Workers Comp is no fault, what if you are having trouble in hiring a lawyer due to your case may not be worthy

The injury occurred on the job due to severe and unexpected turbulence on board aircraft. As a result, the injury was broken foot and leg and it is not healing as expected. The bone is a possible non union and other issues and the workers comp adjuster and utilization review keep denying physical... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 27, 2016

fractures are worthy out here. Look for a member of the Texas Trial Lawyers Assn who handles workers comp. I'm assuming you're in the Dallas/Ft Worth area.

1 Answer | Asked in Employment Law and Immigration Law for Texas on
Q: I submitted my EAD I-765 application, 2 days after the 60-day grace period .Whether my application will be accepted?

I submitted my EAD I-765 application, 2 days after the 60-day grace period .

I just graduated from New York University, May 23rd 2016.

The 60-day grace period ended on July 17. But my application was received by USCIS on July 19 morning.

I have already got a job offer from... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 26, 2016

You should consider contact an immigration customer care representative to get an more appropriate answer regarding your EAD case. If you would like a free consultation feel free to contact my office (323-803-7147).

All the best.

-Shan Potts

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2 Answers | Asked in Personal Injury, Employment Law, Workers' Compensation and Social Security for Texas on
Q: Hello I'm on sibs My injury date is 10/30/2008 I stop do the job search 6/15/2016 do my ingerd I'm asking when it end ?

I'm in Texas my Injury date 10/30/2008 I been told the end of my Workcomp is 7/11/2016 is that right ?so I can get now workers compensation (WC) termination letter or document to Social Security can you tel me how I get it ?? I have the form from social security

Peter N. Munsing
Peter N. Munsing
answered on Jul 16, 2016

You need to contact an attorney who handles workers compensation. However, getting workers compensation doesn't mean no social security--it just means there is an offset, or reduced benefit. I f that is your situation, you need to contact whoever the company is that handled the claim. They... View More

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1 Answer | Asked in Employment Law, Medical Malpractice and Health Care Law for Texas on
Q: Can my employer get medical info from my doctor in Texas

My exes dad is was my boss. He has access to my personal information and I believe he used it to access my login on my insurance site and access medical records. He clearly has seen some of my records from what the son has told me but not all because what he says doesn't make sense. The dates... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 7, 2016

Close one. Question is also is there a legal remedy. Discuss first with your divorce attorney. If you can prove it's so then there may be other options, which you'd want to discuss with a member of the Texas Trial Lawyers Assn who handles employment issues.

1 Answer | Asked in Employment Law for Texas on
Q: Can I sue for wrongful termination of employment if I signed a resignation letter?

My 62 year old husband, employed 22 years as a Maintenance/Safety Director for a large retirement complex, was told on 5/31/16 that he would have to either tender his resignation or be immediately terminated. He signed the resignation letter but is having second thoughts. He has had an excellent... View More

Marshall Jason Ray
Marshall Jason Ray
answered on Jun 5, 2016

For this very specific situation you should consult with a private attorney in your area. There are many who will offer a free consultation. Generally speaking, signing a resignation letter does not foreclose a lawsuit. Depending on whether you were the moving party, or the wording of the letter... View More

1 Answer | Asked in Education Law, Employment Law and Immigration Law for Texas on
Q: i am a Student and Have completed my masters and Applied for OPT.I got an RFE asking for evidence to establish proposed

employment is related to my field of study.

A detailed Description of duties with the employer.

Actually i studied in CT but during my application i stated the address in California and sent my package to california. i have never been to california as my family friend(A green Card... View More

Tammy L. Wincott
Tammy L. Wincott
answered on May 5, 2016

You would submit anything that truly notates your address. When submitting forms you should only put an address if it is a mailing address in the appropriate section. When it asks for places you have lived, it means places where you actually physically resided. You might need to submit further... View More

1 Answer | Asked in Employment Law for Texas on
Q: I filed an employment discrimination complaint against a Federal agency, should I retain an attorney for disposition?
Anton Pal Montano
Anton Pal Montano
answered on May 4, 2016

Thanks for your question. Is your complaint still being reviewed internally by the federal agency's EEO office? Or, are you saying that you actually filed a civil complaint in court? Assuming your complaint is still being administratively reviewed, it is of course not a requirement to have... View More

1 Answer | Asked in Employment Law for Texas on
Q: Is it against the law to give my coworker a copy of my check stub to get approved for a car loan
Anton Pal Montano
Anton Pal Montano
answered on May 4, 2016

Thanks for your question. If a coworker is using someone else's check stub as false evidence of his salary so that the coworker can qualify for a car loan, then that could be considered fraud. One could possibly be liable for assisting someone else with fraud.

Please note that my...
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1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: Is it mine or my employers responsibility to make contact to go back to work after being released with no restrictions?

I was released in February to full duty with no restrictions and I haven't heard from my employer. should I have contacted them?

Roy Lee Warren
Roy Lee Warren
answered on May 4, 2016

I am sorry your question has not been answered yet. As a practical matter your doctor is supposed to send notice to your employer that you have been released to RTW. At that point employers typically contact the IW but it is not a requirement. Where you placed on leave via the FMLA? If so there... View More

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