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Texas Employment Law Questions & Answers
3 Answers | Asked in Employment Law and Personal Injury for Texas on
Q: Is being terminated under a doctor's care legal

My wife is a health care provider and was grocery shopping for her client at HEB and had a slip and fall accident. She contacted her employer and went to there workmans compt doctor . We also hired a law firm for the accident and they told her stop seeing the work man's comp doctor and have... Read more »

Carrie Dyer
Carrie Dyer answered on Nov 25, 2020

More information is needed to answer your question. An employer is not required to hold your wife's position open for her for an indefinite period of time if she is unable to return to work. Being under doctor's care does not provide blanket protection from termination. Whether your... Read more »

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1 Answer | Asked in Employment Law for Texas on
Q: I work for private job taking care elderly woman for 3 weeks they only paid me one they don’t want to pay the rest

What or where can I go to complain so she can paid me 74 hrs @9.50 hr can you help me thank you

Teri A. Walter
Teri A. Walter answered on Nov 24, 2020

You can file claim for unpaid wages here

https://www.twc.texas.gov/files/jobseekers/How-to-File-Wage-Claim-Online-Tutorial-twc.pdf

1 Answer | Asked in Intellectual Property, Employment Law and Business Law for Texas on
Q: Do I have a case to sue for damages based on a violation of my intellectual property rights?

I agreed, verbally and via written contract, to teach my copyrighted workshop at a six-week summer program. My boss filmed all the program’s classes and sold them to virtual students for an indefinite period of time after the six-week program ends. This was not included in the written contract,... Read more »

Allison Higgins
Allison Higgins answered on Nov 23, 2020

You may have a case, but an attorney would need more details to give a more definite answer. For example, was the program created before or during your employment? There may be some work for hire issues that need to be sorted out.

It also would depend if there is an integration clause in...
Read more »

1 Answer | Asked in Contracts and Employment Law for Texas on
Q: Can I change the "at-will" contract with my employer to "without cause" to have more employment protection rights?

Most private contracts with private employers are "at-will"

which means the employer or place of business can terminate you

for any reason at any time. I want to change an at-will contract with my employer

to put me on a more even playing field. Almost like a... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

Sorry, an "at-will" employment is the same as "without cause," so there's no benefit to trying to change the arrangement, because it won't give you any more rights.

If you are in a management position, your employer Might consider entering into an employment...
Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Hello, I recently got covid. My job did not pay me, although I am a full-time employee. Is there anything I can do?

I'm not qualified for paid sick days until I complete a year with the company. I've been with them for a total of 9 months.

William S 'Bill'Hommel Jr
William S 'Bill'Hommel Jr answered on Nov 19, 2020

The Families First Coronavirus Response Act requires employers up to 500 employees to provide paid sick leave if you contract the virus. If you have been with the company for at least 30 days prior to taking the leave, you should qualify for the paid leave.

1 Answer | Asked in Employment Law for Texas on
Q: Can your boss require you to do work for all his multiple business entities but only pay you for one?

Wife is also attorney and I am required to do legal work for her but am only getting paid by his business. I was hired as a "secretary" only.

William S 'Bill'Hommel Jr
William S 'Bill'Hommel Jr answered on Nov 19, 2020

Generally speaking, you are required to be paid for all hours worked under the Fair Labor Standards Act. If you are working hours for which you are not receiving pay, you can file a complaint with the Department of Labor or contact a local wage and hour attorney for help.

1 Answer | Asked in Employment Law for Texas on
Q: My wife works at a large hospital scheduling appt.'s. Can they force her to screen incoming patients for Covid-19?

She is concerned about contracting the virus and endangering her children and elderly parents. Her job roles only include interaction with patients at check-in from behind protective glass with a mask and scheduling appointments over the phone. No additional compensation is offered and if she... Read more »

William S 'Bill'Hommel Jr
William S 'Bill'Hommel Jr answered on Nov 19, 2020

If an employee contracts the virus or is seeking a diagnosis regarding whether they have the virus, the Families First Coronavirus Response Act requires employers with up to 500 employees to provide paid sick leave for any time off taken up to 12 weeks. It sounds as though your wife works for a... Read more »

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for Texas on
Q: Harrassment from bosses and coworkers.

I have worked at the same place for just over 14 years. In that time I have had issues of what I feel is harrassment from coworkers and immediate supervisors. When I have gone to HR I was the one who ended up being disciplined. As a result I have had a bad attitude and getting in more trouble.... Read more »

Kyle Anderson
Kyle Anderson answered on Nov 19, 2020

Hi, more information is needed to fully evaluate your situation. Generally, workplace "bullying" is not unlawful. To give rise to any sort of legal claim, the harassment you are experiencing would need to be sexual, or based on your race, gender, religion, or disability, etc. I would... Read more »

2 Answers | Asked in Employment Law and Workers' Compensation for Texas on
Q: Can my boss reduce my hours while I have an open workers comp claim?

I tried to get partial unemployment but she gave me just enough hours to where I cannot receive benefits, is this right?

Kyle Anderson
Kyle Anderson answered on Nov 11, 2020

Some states have laws that protect employees from retaliation after filing a worker's compensation claim. If you filed for it, and your boss reduced your hours in retaliation for it, you may have a claim. It depends on Texas state law. I would reach out to an employment law attorney in Texas... Read more »

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1 Answer | Asked in Employment Law and Small Claims for Texas on
Q: My Previous employer is attempting to alter our severance agreement in order to deem me ineligible for severance pay.

Per our signed agreement my employee end date was 10/7/20. Per the agreement the severance pay can only be forfeited if I am offered a position BEFORE this end date of 10/7/20. I was offered a position on 10/16/20. At this time they went into the system without my knowledge or consent and changed... Read more »

Carrie Dyer
Carrie Dyer answered on Oct 21, 2020

It sounds like your employer may be in breach of your agreement. You should immediately contact an attorney in your area for assistance interpreting the agreement and contacting your employer.

1 Answer | Asked in Criminal Law, Employment Law and Military Law for Texas on
Q: Can I still retire from the military if I have a 25 year old domestic violence charge and I'm at 18.5 years active duty?
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 11, 2020

This is not a criminal law question, so I cannot answer it. The question, I believe, is more properly a military law question having to do with the requirements for full benefits upon retirement of a person with such a problem in his/her past. It may also matter whether you were convicted (that is,... Read more »

1 Answer | Asked in Employment Law, Business Law, Civil Rights and Employment Discrimination for Texas on
Q: How do I protect myself from employee retaliation after reporting my boss for racial discrimination?

I work for a technology recruiting company in Texas. One of the Managing Partners discriminates against potential candidates based on national origin (Indian nationals, specifically, but I have also witnessed discrimination against African-Americans and people of Asian decent). I feel he is a... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 23, 2020

You should report the discriminatory actions of your boss to the Human Resources Department in writing. The HR department should then do an investigation into your complaints. The company, including the Managing Partner, is prohibited from retaliating against you for complaining about and... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: if a buisness is doging my calls and just keep avioding to pay can i take legal action
Kyle Anderson
Kyle Anderson answered on Aug 20, 2020

Hi, there is not enough information here to fully evaluate your situation. If they are avoiding paying you for hours you worked, they would be in violation of federal minimum wage laws and overtime laws (if you worked overtime). I would recommend reaching out to an employment law attorney in your... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: What can I do about my employer deleting hours I have worked?

I have discovered that my current employer is altering/deducting hours from my time card. For hours that I did indeed work. Sometimes it is just 30 min here, or an hour there. But this last week, they deleted almost 6 1/2 hours from one day.

We do not get check stubs. What can I do?

Rhiannon Herbert
Rhiannon Herbert answered on Aug 12, 2020

The situation as you've described it sounds like a violation of the Fair Labor Standards Act, particularly if you are paid by the hour and your employer's deductions result in a loss of overtime hours worked. How did you find out about this? Are you allowed to ask for your clock-in and... Read more »

1 Answer | Asked in Employment Law and Construction Law for Texas on
Q: Good Afternoon, I am a Texas subcontractor, I recently got a letter with lienholder can you help ?

The worker who is claiming he didn't got paid, did a job prior to the job in dispute, that job had a leak issue and so caused several damages to the property, this worked had done the work after so had founds that i was going to pay however at the time of asking for proof that the repair was... Read more »

Matthew Scott Williams
Matthew Scott Williams answered on Aug 7, 2020

More information is needed; clarification of the facts would better help me analyze your case.

In general, a dispute with a subcontractor on job "A" needs to be dealt with separate and apart from a subsequent dispute with same subcontract on job "B". In general, you...
Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I was let go from my job this morning for having personal issues. Can that be a main reason?
Rhiannon Herbert
Rhiannon Herbert answered on Jul 29, 2020

Texas is an at-will employment state, meaning either you or your employer can terminate the employment relationship at any time for any reason or no reason at all, as long as the reason is not discriminatory (i.e. is not based on your race, sex, age, disability, religion, or sexual orientation).

1 Answer | Asked in Contracts, Employment Law and Education Law for Texas on
Q: Is it possible to get a texas teacher certificate reinstated after it was voluntarily surrendered permanently.

I am a former educator and in october 2012 I was brought into the district for inappropriate relationship with a student. They showed text messages we shared and asked i wanted to resign or have it go public. I resigned and in January I had my teaching certificate voluntarilly surrendered without... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 24, 2020

Ask an attorney who focuses on a practice area like Administrative Law and/or Professional Licensing.

1 Answer | Asked in Employment Law for Texas on
Q: Will Vacation Payout and Severance affect my Texas unemployment weekly benefit?

I have been on furlough since April and collecting Texas unemployment weekly payment. I was recently layoff in June and was provided a one time lump sum severance package with my yearly accrual vacation time by my employer which was paid out separately. Will this payouts affect my unemployment... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jul 15, 2020

The general rule is that you cannot collect unemployment at the same time that you are collecting severance benefits. However, if your severance payment was only a one-time payout, you should only be ineligible for unemployment during the week you received your severance payout. The same will... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Is it legal for an employer to not pay workers that are working from home due to COVID who’s system is not working?

Everyone at my job was sent to work from home. However their temporary work from home equipment has been causing issues to where some workers cannot clock in. They are not paying workers even though it is a company issue.

Rhiannon Herbert
Rhiannon Herbert answered on Jul 7, 2020

Under the Fair Labor Standards Act, the general rule is that you must be paid for all hours you spend performing work for the company, but you need not be paid for time that you're not performing work. So, the answer to your question will depend on whether you still performed work on days you... Read more »

1 Answer | Asked in Employment Law and Arbitration / Mediation Law for Texas on
Q: When settling out of court, what should an affidavit state for the agreed on money and when to receive it
Tim Akpinar
Tim Akpinar answered on Jun 22, 2020

A Texas employment attorney could best advise, but your post remains open for four weeks. As a GENERAL matter for civil claims of MOST types, there will be a form called a release to memorialize terms of the settlement. I think that's what you're talking about. The release will outline... Read more »

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