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Texas Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Texas on
Q: My employer has a gnat infestation in our plant. Is there an agency i can report it to? We manufacture coffee.

I have contacted HR. They say there is nothing they can do.

Adam Kielich
Adam Kielich
answered on May 6, 2015

https://www.dshs.state.tx.us/foodestablishments/complaint.shtm

1 Answer | Asked in Employment Law for Texas on
Q: can a deposition be requsted from an ex employee
Adam Kielich
Adam Kielich
answered on Nov 16, 2014

Yes.

1 Answer | Asked in Employment Law for Texas on
Q: Severance

I was laid off. My last day is at end of week. I have just now received separation papers. They indicate that once I receive job offer my severance will stop. Not a job, but a job offer. When I was notified that I was being let go, all the letter stated was that as long as I remained with the... View More

Adam Kielich
Adam Kielich
answered on Nov 16, 2014

The first question that comes to mind is how your employer/former employer would know that you have received a job offer unless it comes from that company or an affiliated company. My suggestion is that you talk to an employment lawyer in your area about the terms of the severance plan and what it... View More

1 Answer | Asked in Employment Law for Texas on
Q: I quit my job recently because of harassment. Will a lawyer help me find justice.

I took a day off to collect myself.

Adam Kielich
Adam Kielich
answered on Nov 16, 2014

The biggest issues in a workplace harassment claim are:

1. Why you were harassed; and

2. The nature of the harassment.

It is not unlawful for your employer to treat you poorly unless the basis for that treatment is one specifically prohibited by law (e.g. race, sex,...
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1 Answer | Asked in Employment Law for Texas on
Q: Does Texas have hostile work environment laws?
Howard Berkson
Howard Berkson
answered on Dec 15, 2013

"Hostile work environment" normally refers to a type of sex discrimination that is forbidden by federal law. Because the law is federal, it applies in all 50 states. However, the law is limited to apply only to employers with 15 or more employees.

1 Answer | Asked in Employment Law for Texas on
Q: What is my first step in filing a lawsuit against my employer? They have had several already.
Howard Berkson
Howard Berkson
answered on Dec 14, 2013

A lawsuit is begun by filing a petition with the clerk of the court in a county where venue would be proper or at the federal courthouse in the federal district where venue would be proper. However, starting a lawsuit is no small thing and you should consider getting guidance or representation... View More

1 Answer | Asked in Employment Law for Texas on
Q: Can your employer make you sign a contract to only work for that company as a hair dresser for 5 years
Howard Berkson
Howard Berkson
answered on Dec 9, 2013

The agreement may be unenforceable, but that depends on all the surrounding facts and circumstances. You should ask an attorney to review the agreement.

1 Answer | Asked in Employment Law for Texas on
Q: My employer is raising my sales to goal to avoid paying me as much commissions is that legal
Howard Berkson
Howard Berkson
answered on Dec 9, 2013

You should have a written commission plan that explains when and how the employer can change it. If you have no written commission plan, you should ask for one and consider talking to an Attorney if the plan was violated or if there is no written plan.

1 Answer | Asked in Employment Law for Texas on
Q: I was told either I resign or im fired, the state they don't have to have a reason
Howard Berkson
Howard Berkson
answered on Dec 9, 2013

It's not clear what your question is. I assume the question is whether you can be fired for no reason. The answer is yes, although it's a suspicious thing for an employer to say. You should consider talking to a Texas attorney familiar with employment law.

1 Answer | Asked in Employment Law for Texas on
Q: Should I sue for sexual harassment?

My employer has been making sexual advances towards me since hired 3 months ago. Telling me how bad he wants to get into my pants and wanting to call me his girlfriend. Wanting sexual favors for money. I've tried to tolerate it bc I need my job but idk how much longer I can take it. I've... View More

Howard Berkson
Howard Berkson
answered on Dec 9, 2013

Sexual harassment is a form of sex discrimination. You cannot sue under the federal law until the Equal Employment Opportunity Commission (EEOC) has investigated. You should call the EEOC for advice. The EEOC may require that you take this up first with your employer. There may be an applicable... View More

1 Answer | Asked in Employment Law for Texas on
Q: Can you notify your employer that you are being harassed and they do nothing, not even investigate?
William G Rossick
William G Rossick
answered on Jan 24, 2011

Assuming the harassment involved is sexual in nature...or perhaps because of some other protected class such as age, disability, religion, etc., you should probably file a charge with the EEOC. Here is a link: http://www.eeoc.gov/employees/howtofile.cfm You only a short time in which to file a... View More

1 Answer | Asked in Employment Law for Texas on
Q: How many weeks severence pay does an employer need to give you if you have been there 9 years
Blair Bernard Brininger III
Blair Bernard Brininger III
answered on Jan 14, 2011

There is no Federal or Texas statute requiring an employer to pay severance pay.If the employer has a severance plan then it msut pay you according to the plan's terms. If you are part of a massive layoff then the WARN Act may apply. http://qurl.com/7kh71

1 Answer | Asked in Employment Law for Texas on
Q: How long does a person have to wait for their paycheck if fired?

I was told my paycheck would be available on 12/29/2010.. i had also signed a termination paper stating the time of issuance for my earned pay and now i am getting the run around from the payroll department out of state saying that the package had been lost in the mail

Blair Bernard Brininger III
Blair Bernard Brininger III
answered on Jan 14, 2011

Six (6) calendar days. http://qurl.com/4yldr

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