Lawyers, Answer Questions  & Get Points Log In
Texas Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Texas on
Q: I was wrongfully terminated from my job I need justice. The company had no police reporting nor proof. I did not do it.

My name has been tarnished and my heart has been also I would never do anything like this. I am now unemployed almost homeless and I deserve justice for this wrong doing. Can anyone help me please

John Michael Frick
John Michael Frick
answered on Aug 10, 2023

In general, it is unlawful to terminate a person's employment based on the person's race, color, ethnicity, nationality, sex, religion, age, or disability. There are also some situations in which it is unlawful to terminate a person's employment if that person refuses to engage in... View More

1 Answer | Asked in Employment Law for Texas on
Q: How can I file a wrongful termination lawsuit?

I found out about two weeks ago that my job was ending on August 11, 2023. I was given the reason of "job wind down, and redundancy", but other members of my team are remaining. My quality evaluations, and other aspects of my job are good. I actually think it is age-biased. I have... View More

John Michael Frick
John Michael Frick
answered on Aug 10, 2023

The first thing you need to do is gather evidence that you were terminated for an unlawful reason. If you think it was age-related, gather together every email or other written communication you have mentioning your age. If possible, collect statements from co-workers as to what decision-makers... View More

1 Answer | Asked in Employment Law for Texas on
Q: Temp agency told me to be at my new job at 7 I was fired 2nd day for being late by supervisor who said it was 630.

I have it in writing from the temp agency to be there at 7 and I only heard from the supervisor that it was supposed to be 630 after he fired me. What can I do? I dont feel like this is right at all.

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

Very sorry to hear that you were treated this way. The Temp Agency created this problem for you, you should ask them to straighten it out. If you cannot go back to work at the former company, ask the temp agency to provide you a new placement on a priority basis, without a charge to you. You... View More

1 Answer | Asked in Civil Litigation, Small Claims and Employment Law for Texas on
Q: I lived and worked in the same home as a caregiver. I was there almost 2 years. I made $500 a month and given a room

And board. I caught my boss physically abusing grand daughters. I confronted him he told me to get out. I did turn him in to police and CPS was notified. Was kicked out without last pay immediately. Now I'm homeless. Do I have recourse?5

John Michael Frick
John Michael Frick
answered on Jul 28, 2023

Yes, you can file a wage claim with the Texas Workforce Commission for your unpaid wages. You may also be able to file a claim for unemployment compensation depending on the terms and circumstances of your employment. If, for some reason, you did not receive a Form W-2 or Form 1099 from your... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Do I have legal protections after administrator interfered with hiring?

I was working for contract company in a nursing home. The administrator and nursing directors of the facility sent intimidating messages through my director to me because they didn’t like my required reporting of changes in patient conditions, which I am legally, ethically, and morally obligated... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2023

Since you were laid off, and not fired for cause, you have standing to collect unemployment benefits from your former employer. You can apply for such benefits online through the Texas Workforce Commission website and most likely will not require the services of a lawyer.

2 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: discrimination in the work place

The company where I work has this problematic person with more than 20 complaints. She is white and very problematic, very calculated but also has bipolar mental problems. She has made the work a toxic environment unbearable for everyone who has to be walking on eggshells, not to offend that... View More

John Michael Frick
John Michael Frick
answered on Jul 20, 2023

You can file a formal complaint against your co-worker with your employer. You should be as detailed and specific as possible if you genuinely want action to be taken. I recommend not saying anything about her having "bipolar mental problems" to avoid raising any red flags about... View More

View More Answers

2 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: discrimination in the work place

The company where I work has this problematic person with more than 20 complaints. She is white and very problematic, very calculated but also has bipolar mental problems. She has made the work a toxic environment unbearable for everyone who has to be walking on eggshells, not to offend that... View More

Eva Zelson
Eva Zelson
answered on Jul 26, 2023

You describe a toxic environment, but you do not say what is toxic about it. Does this employee you specifically describe say things to you and other employees based on your race or heritage? Or is she perhaps difficult to predict because of her bipolar symptoms? To claim a hostile work environment... View More

View More Answers

2 Answers | Asked in Employment Law for Texas on
Q: Can i quit my job if i have signed a employment contract

My offer letter states that my employment is at will but the terms of employment contract i signed is not at will

Eva Zelson
Eva Zelson
answered on Jul 26, 2023

It is always best to have an employment lawyer review any employment contract before signing it to thoroughly understand expectations. Despite the existence of a contract, you can still quit your job. However, there may be consequences for you that would not exist in an at-will situation. Contact... View More

View More Answers

2 Answers | Asked in Employment Law for Texas on
Q: Can i quit my job if i have signed a employment contract

My offer letter states that my employment is at will but the terms of employment contract i signed is not at will

John Michael Frick
John Michael Frick
answered on Jul 20, 2023

Pursuant to the 13th Amendment of the United States Constitution, you can quit your job at any time. Your employment contract, however, may impose certain obligations upon you in the event that you prematurely terminate your employment.

You should take your signed employment contract to an...
View More

View More Answers

1 Answer | Asked in Employment Law, Communications Law and Constitutional Law for Texas on
Q: Bar. Cameras posted throughout. Manager quits has passwords. Cont to monitor cameras (visual/audio) from home. Legal?

What is the proper (legal) way to address this situation and options we can take to stop ex-manager from monitoring cameras at establishment when there is no legitimate purpose. Thank you.

John Michael Frick
John Michael Frick
answered on Jul 17, 2023

It may not be legal to allow the former manager who no longer works for the bar to continue to monitor the cameras from home because the former employee no longer has a legitimate purpose. The bar owner should definitely change the passwords and should implement procedures to ensure that the... View More

1 Answer | Asked in Employment Law, Contracts and Probate for Texas on
Q: Does Irs have information on Employees, defined benefits, annuities, investments etc?

What is the easiest way to contact Irs about deceased employees benefits?

John Michael Frick
John Michael Frick
answered on Jul 17, 2023

A family member of the deceased IRS employee can call the Employee Assistance Program at 866-743-5748. That office should be able to assist you with any employment benefits the deceased IRS employee may have had.

If you are referring to a deceased person who was not an IRS employee, the...
View More

1 Answer | Asked in Employment Law for Texas on
Q: Being sent out of country to do work not in my current job description. Is there a minimum # of hours i am paid for?

I am an hourly employee, I am being sent to Mexico to perform inspections. I was formally an inspector. Before I was paid 24/7 while out of country. Being told now, I will only be paid hours worked. Is there a minimum # of hours I must be compensated for? If I am away from home and work is... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

You are entitled to be paid for all hours worked. Your employer may not realize that this can include your travel time, so keep good records of all travel time. You are usually not entitled to be paid for the time spent leaving home and going to work, but since you are going to be on the job 100%... View More

1 Answer | Asked in Employment Law for Texas on
Q: My former employer in wisconsin is suing me. I live in another state now. Can they still sue me in wisconsin?

The money is from a relocation bonus. They lied about the job and benefits.

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jul 7, 2023

Yes it is possible for an employer to sue you in a state you do not reside in. Sometimes an agreement you signed with the employer will indicate what courthouse/the location where the employer can sue you. You will need to find an attorney who practices law in Wisconsin and can advise you on your... View More

1 Answer | Asked in Employment Law for Texas on
Q: What to know what does this mean in layman’s terms Sec. 201.046. EMPLOYMENT TO ASSIST EMPLOYEE OR AGENT.

Sec. 201.046.

EMPLOYMENT TO ASSIST EMPLOYEE OR AGENT.

(a)

An individual employed to perform or to assist in performing the work of an employee or agent of an employing unit is employed by that employing unit for purposes of this subtitle if the employing unit has actual or... View More

John Michael Frick
John Michael Frick
answered on Jun 23, 2023

The best way of explaining may be the following example:

A plumbing company hires a plumber as an employee, and with the company's knowledge, the plumber hires a helper to assist him by doing the digging necessary to unbury the pipes so that the plumber can fix them. For purposes of...
View More

1 Answer | Asked in Employment Law for Texas on
Q: Are employers required to send their EEO complaints to the EEOC ?

Does the time of an EEO complaint filed with the employer count as a timely EEOC complaint ?

John Michael Frick
John Michael Frick
answered on Jun 21, 2023

An EEOC complaint must be filed by the employee with the EEOC local office within 180 days of the date of the incident. Such complaints are not "filed" with the employer, although there is nothing wrong with notifying an employer--usually through its HR Dept--of an incident in advance or... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: I am searching for a new job and some applications ask me for gender, race, pronounce, sexual orientation, and age range

I am 47 and in Texas. Is it Legal for potential employers to ask for all this information?

John Michael Frick
John Michael Frick
answered on Jun 12, 2023

It is unwise to ask such questions on a job application because it can generally be assumed that information requested on a job application will be part of the basis for making an employment decision, and discrimination on the basis of race, sex, and age is unlawful. It is not illegal per se, but... View More

1 Answer | Asked in Civil Rights, Employment Law and Employment Discrimination for Texas on
Q: What are the statue of limitations in an ADA case that was dismissed without prejudice for being filed in the wrong

Court when you're with a union. Judge said it was part of railroad act... Please help. Can the case be filed within the two year mark

John Michael Frick
John Michael Frick
answered on Jun 5, 2023

Your submission raises a complex question as to whether your claim under the ADA is preempted by the RLA or by the terms of your union’s collective bargaining agreement with your employer.

See https://www.thefreelibrary.com/Protecting+railroad+workers+with+the+ADA.-a016995247...
View More

1 Answer | Asked in Employment Law for Texas on
Q: I work for a contracting company and didn't receive one of my paychecks. The company claims it's a phishing issue.

I work for a contracting company and didn't receive one of my paychecks. The direct deposit information was changed online unbeknownst to me and the contracting company stated they did their research and concluded it was a phishing issue. They stated they couldn't get the money back thus... View More

John Michael Frick
John Michael Frick
answered on May 25, 2023

Under the Texas PayDay law, wages must be delivered to the employee at their regular place of work during working hours, mailed by registered mail or by direct deposit to be received by the employee not later than payday, by any reasonable means, or to any person authorized in writing by the... View More

1 Answer | Asked in Employment Law and Social Security for Texas on
Q: SSN name truncation issue due to character length restraint.

I received my SSN card yesterday. My First Name length is 19 characters. SSN allows only 16 characters in First Name field.

So last 3 letters in my First Name is cut both in my card and in SSA database.

I have e-verification process with my employer next week. I understand the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

If your SSN card and SSA database only show the truncated version of your first name, it could potentially cause a name mismatch issue during the e-verification process with your employer. This could potentially delay your employment or cause other complications, especially if your employer... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: Coworker cause my accident and we're both employed at the same place I cannot sue them for negligence can I

I was injured on the job February 9th 2021 by my production manager turned up the machine and it sucked me in and how's the bad accident to me 18% impairment rating but I'm being told that I cannot sue the company because we were both employed there and since workman's comps paying... View More

John Michael Frick
John Michael Frick
answered on Apr 23, 2023

Under workers compensation laws, a worker who is injured on-the-job is not required to establish that his employer or a co-worker was negligent in order to receive compensation for medical expenses and lost income. In exchange, the employer is not subject to a personal injury lawsuit by the... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.