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Texas Employment Law Questions & Answers
2 Answers | Asked in Criminal Law, Employment Law, Personal Injury and Workers' Compensation for Texas on
Q: How do I find out if my former employer has workman's compensation?

I was injured by another employee while on the job and I have been trying to get help from the Crime Victims Compensation so I can get my bills paid for the injuries, but my former employer told me that they don't have workman's compensation St the time of the incident. Now they are... View More

David Alan Wolf
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answered on Apr 22, 2016

The situation does not look good for you based on the facts presented. You should consult with a worker's compensation attorney and / or employment attorney. In most instances, an employer will disclose its worker's compensation coverage. It may well be that there is no coverage in... View More

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1 Answer | Asked in Employment Law and Tax Law for Texas on
Q: Can You sue your current employer for putting your SS# in the hands of identity thiefs ?

On 3/30/2016 my current employer, mailed out letters informing all it's employees that their SS# were breached. I attempted to file my taxes on 4/10/2016 and was notified by the IRS that someone has already filed taxes using my SS#. Can I Sue ? And if so how much ? I rather not do a... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 21, 2016

You sue for your damages, which can be difficult in cases like these. If you cannot get your refund, that would be the amount your employer would be liable for.

1 Answer | Asked in Employment Law and Tax Law for Texas on
Q: My brother found me a job w/ sign on bonus. I want 15k to go to him and rest to me. is the 15k taxable on me and him?

Brother found the job, negotiated it and was my interpreter. I got a sign on bonus from them and I asked them to give him 15,000 and me the other 85,000. He filed taxes on the 15K as other income. The irs is saying I owe taxes on the 85,000 as a "deficiency assessment" saying the 15k was... View More

Anton Pal Montano
Anton Pal Montano
answered on Apr 7, 2016

The IRS appears to be arguing that you actually earned the entire bonus of $100,000. Merely directing that some of your payment go to someone else may not be enough to transfer the tax obligation to another taxpayer. You may need to consult with a CPA or tax attorney about the deficiency being... View More

1 Answer | Asked in Employment Law for Texas on
Q: More Workload and not compensated

I work as a Global Leader for one service line and based of USA. I was promoted to this role, without any Merit Increase. I did discuss with my manager and I was told there was a salary freeze. Later my company tried to implement new management concept of all the folks in US will report into a US... View More

Anton Pal Montano
Anton Pal Montano
answered on Mar 26, 2016

Thanks for your question. It is difficult to give an accurate assessment of your situation without knowing additional facts. However, from your question, it sounds like you may be working outside the U.S. and it is possible that there are other laws in your jurisdiction that would apply to your... View More

1 Answer | Asked in Uncategorized, Employment Discrimination and Employment Law for Texas on
Q: My boss clearly favors young people. HR claims that he cannot discriminate because he is 74 himself. Is this true?
Marshall Jason Ray
Marshall Jason Ray
answered on Mar 25, 2016

Laws prohibiting workplace discrimination do not provide an immunity to a person who discriminates against a class to which the person belongs. Under Federal laws, typically only the employer can be sued for illegal discrimination, not individuals acting on the employer's behalf. Many state... View More

1 Answer | Asked in Employment Law for Texas on
Q: If an employer restructures a company because of money & converts me to 1099 status, does a previous non compete hold up

The last salaried paycheck I received was on 11/15. On 11/30, I was told that, because of money problems, they didn't even know how they were going to pay their taxes, they were restructuring the company and I would no longer receive a paycheck, but they would like for me to stay on as a... View More

Marshall Jason Ray
Marshall Jason Ray
answered on Mar 17, 2016

It is not possible to comment on the scope and applicability of the non-compete agreement without reviewing the actual language. I would like to comment, however, about this notion that you were converted to "1099 status" because of company restructuring. Your conversion to "1099... View More

1 Answer | Asked in Employment Law for Texas on
Q: What leverage, if any, do I have in negotiating a severance package if I am terminated for a self-reported mistake?

I have been suspended from my position for one week and one day (so far) pending an investigation for a self-reported breech of safety protocol. I have been with the company full-time for 17 years and 2 additional years as a seasonal employee. I have served as a supervisor for 9 years. This is... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 3, 2016

You would have basically no leverage. As to resigning, that gets tricky. If you resign, that could look better on future job applications, though the truth may come out during a background check. If you allow them to fire you, that will not look good on job applications, but there is a chance you... View More

1 Answer | Asked in Employment Law and Immigration Law for Texas on
Q: If I am a foreign national,married to a green card holder,can I immediately apply for EAD after I get married?
Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Feb 21, 2016

The answer is negative. You have to comply with the immigration law in the USA

1 Answer | Asked in Divorce, Employment Law, Family Law and Immigration Law for Texas on
Q: What should my friends first step be to ending all of this?

I have a friend that was coerced and used to marry an illegal immigrant in regards to having and keeping her job. She is just finding and understanding all of the details and the severity of this. The marriage is 6 months in... nothing has been accepted by immigration yet. She is scared to do... View More

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Jan 17, 2016

There are questions and answers similar to your situation on our website at http://aba-us.com/other-services/?lang=en. You can take a look for general information. Good luck.

1 Answer | Asked in Personal Injury and Employment Law for Texas on
Q: i am being sue for property damage 8k would this affect my job?

i vandalize a car broke windshield front and back cops arrived and thats what they put on the report but she wants to also say i damage the whole body to when i didn't do that her car is worth 6,500 in good condition how can i get a good settlement deal and how can this affect my job i work at... View More

Adam Studnicki
Adam Studnicki
answered on Jan 13, 2016

Unclear what your job requirements and background checks require. A local lawyer can review and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your...
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1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Texas on
Q: Injured at school district work

I'm 71/2 months pregnant and got hurt on the job at my school district. I went to see my doctor and he issued me a week of bed rest for my muscle laceration injury. Worker comp said they won't compensate me because it's was 7 days not 8. My school is taking my sick days away from me... View More

Adam Studnicki
Adam Studnicki
answered on Nov 16, 2015

More info is needed. Talk to local employment or worker's comp lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
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1 Answer | Asked in Employment Law and Personal Injury for Texas on
Q: I have a injury in my job. Manager said you go in your own time to physical therapy. That's right
Adam Studnicki
Adam Studnicki
answered on Nov 16, 2015

Check with an employment or workers' comp lawyer on this.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to...
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1 Answer | Asked in Employment Law and Personal Injury for Texas on
Q: My company is a non-subscriber to Texas Workers' Compensation. I want to know their obligations from an unbiased source.

Doing assigned duties, taking out the trash in this case, I was injured at work. There's an open 1.5 ft. drop from sidewalk to parking lot w/o even railing (told NOT against OSHA reg.) Incident report my SM wrote says I took a "shortcut" and "stepped down wrong". Not a... View More

Adam Studnicki
Adam Studnicki
answered on Nov 16, 2015

Many workers' comp and injury lawyers work on a contingency fee, so you can ask for a free consultation with a local lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and...
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1 Answer | Asked in Employment Law for Texas on
Q: Can my employer keep the original I-140 approval notice? She only gave me a copy and wont give me the orginal.

I asked for the original but she only gave a scanned copy. Is that legal?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 5, 2015

Your employer would have filed the original with USCIS, so yes. USCIS has the original.

1 Answer | Asked in Employment Law for Texas on
Q: Can I state in my employment contract that without fulfilling my 2 week notice, they forfeit any remaining paid salary?

My barbershop business is in Texas. My employees are paid hourly. This is a new & small business with only a few employees . When they quit, they are only giving me a 24 hour notice, so that drastically affects my business, and there have been many days where I had to close for the entire day... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 1, 2015

If you want advice about a contract, you have to let an attorney read it, don't you? It seems to me you are asking if you can get out of paying someone for hours that have already been completed, so I am confused as to what your question actually is. It will cost a ton of money probably just... View More

1 Answer | Asked in Employment Law and Immigration Law for Texas on
Q: I have completed a MS in petroleum engineering and working under OPT in a laboratory. Can I apply as a chemist for H1B.

My work is related to oil and gas experiments in a laboratory. My master and bachelor degree is in petroleum engineering. But as I am working in a laboratory the work though related is not exactly that of a petroleum engineer. I tried to find occupations related to my work in the H1B list( Foreign... View More

Shahzad R Khan
Shahzad R Khan
answered on Oct 28, 2015

First you cannot self petition for the H1B. Your employer will need to file for you. A discussion will have to be had between your employer and your employer's immigration attorney to determine the appropriate job title under which your case needs to be filed. A review of Onet and the... View More

1 Answer | Asked in Employment Law for Texas on
Q: Would my employer listing my medical diagnosis on termination papers be a violation of HIPPA or ADA?

I was recently terminated from a rather large health insurance company for supposedly not being truthful during a compliance investigation. During the investigation I told the compliance department that I had ADD. On the termination report I received it specifically lists that I told them that I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 19, 2015

No, I don't think so. You write that you told the compliance department about your condition during a compliance investigation. Thus the information disclosed doesn't appear to pertain to any medical treatment you had received. As you know, the HIPAA rules generally only apply to... View More

1 Answer | Asked in Criminal Law and Employment Law for Texas on
Q: I received a DWI over 15 years ago. Am I obligated to mention this while filling out an application for employment?

If an application asks if you have ever been convicted of a misdemeanor or felony, do I need to include this, or is there a certain amount of time where it doesn't need to be included?

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 25, 2015

It depends upon what the question or questions are.

1 Answer | Asked in Employment Law for Texas on
Q: me and my coworker sandy were shown a video of one of are male coworkers fingering a girl we reported it to

Management And they keep trying to turn it around on us as if we wanted it they pulled me into the office twice and sandy 3 time as for him none then they brought up is we are retaliating against him cause he didn't hook us up with any drugs

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 18, 2015

Is there a basic legal question you wanted to ask? Your circumstances seem to require much more than an answer to a basic legal question. Go see a local employment/labor lawyer.

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Texas on
Q: Can I file for my long term disability if my worker's comp is about to run out?
Adam Studnicki
Adam Studnicki
answered on Aug 10, 2015

Verify with your worker's comp lawyer and your disability policy.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your...
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