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Texas Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Immigration Law for Texas on
Q: Should my 64-year-old immigrant father avoid working to increase SSI benefits at full retirement age? He’s never worked.

My 64-year-old father recently emigrated to the U.S. from Cuba through the humanitarian parole program, arriving two months ago. He plans to apply for U.S. permanent residency after his one-year stay. Although he has a work permit, an attorney advised him not to work during this time, claiming it... View More

James L. Arrasmith
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answered on Sep 6, 2024

It sounds like your father is in a unique situation. Supplemental Security Income (SSI) is a need-based program for individuals who are 65 or older, blind, or disabled, and it is primarily based on financial need, not work history. Since your father has never worked in the U.S., he would not be... View More

1 Answer | Asked in Employment Law for Texas on
Q: does my work have to pay for work related doctor visits?

when my health insurance company says "this doctor visit is related to a work injury, they should pay for it," is there a legal obligation for my workplace to pay for it or is the insurance company just saying it's not their problem?

John Michael Frick
John Michael Frick
answered on Aug 28, 2024

Typically, your employers workers' compensation carrier will pay for medical expenses caused by work-related injury. you should report the injury to your employer and submit a workers' compensation claim.

1 Answer | Asked in Employment Law for Texas on
Q: Is it illegal for my employer to not let me wear a hijab? I am muslim.
John Michael Frick
John Michael Frick
answered on Aug 21, 2024

It depends on the size of the employer and the nature of your job duties.

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I was wondering if I could ask my employer to have Thursday and Sunday off during the week instead of Saturday/Sunday.

Time period. 12 weeks. I’m full time and salaried.

My staff work 5 am to 10 pm daily. Open every day.

John Michael Frick
John Michael Frick
answered on Aug 19, 2024

Yes, you can ask. Texas law does no prohibit an employee from asking to be off Thursday and Sunday instead of Saturday and Sunday.

1 Answer | Asked in Employment Law and Health Care Law for Texas on
Q: Can you sue if you get laid off without a warning or probation
John Michael Frick
John Michael Frick
answered on Aug 13, 2024

In the absence of an agreement to the contrary, being laid off without warning or probation does not give rise to a civil lawsuit. In most instances, you should be entitled to unemployment compensation.

1 Answer | Asked in Employment Law for Texas on
Q: Can an employer keep an employee from printing their clock-out slip legally?

When I clock out at work (fast food industry) it gives the option for me to print the slip. I decided for the first time to print this slip out but my manager saw me and said I am not allowed to print this out. I noticed my check did not include the 2 hours overtime I worked this paycheck so I... View More

John Michael Frick
John Michael Frick
answered on Jul 19, 2024

No. All he can do is fire you if you do.

1 Answer | Asked in Employment Law for Texas on
Q: I'm being charged 2000 for rent as a live in home manager. My take home is only 500 a check biweekly.

My take home pay is only 500 a check. I feel it's to much for being around the clock hours. Is this right. No privacy and always on the clock salary is 3000 2500 is for rent and utilities

John Michael Frick
John Michael Frick
answered on Jul 16, 2024

I would concur that is not right. You should renegotiate your employment agreement or secure alternative employment and quit.

1 Answer | Asked in Contracts, Employment Law and Business Law for Texas on
Q: I quit my job, can my previous employer withhold earned commission?

I quit my job as a B2B sales rep for a franchise. I gave a week notice ahead of time, I had one paycheck that was supposed to have an added commission of about 3k from the previous month’s sales. However the commission did not show up on my paycheck. My previous supervisor informed me that the... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

No, you can file a wage & hour claim with the TWC for any commissions you earned which were not paid.

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I have appealed an Unemployment Hearing and I submitted information that shows wrongful termination..What are my options

If this is discovered by the Tribunal do I have a right to file a lawsuit?

John Michael Frick
John Michael Frick
answered on Jun 10, 2024

Unemployment and wrongful termination are two entirely separate matters. If you were wrongfully terminated, you can file a lawsuit regardless of how your unemployment benefits hearing goes.

1 Answer | Asked in Contracts and Employment Law for Texas on
Q: where do I file a small claims complaint against a company with headquarters in Ohio but conducting business in texas

They have a registered agent address in Ausitn but not houston. The job was performed in Harris County at a Sam's Warehouse but I was never paid

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

In justice court, a suit on an oral or written contract for labor actually performed may be brought in the county and precinct where the labor was performed. TCPRC 15.092.

1 Answer | Asked in Employment Law, Employment Discrimination and Federal Crimes for Texas on
Q: If a man fires a projectile at you on the job can you file a lawsuit against the company for not fireing him

The homemade device was a piece of pipe filled with oxygen and acetylene taped off and ignited shot a avocado seed towards me and put a hole in the wall head level it didn't hit me but there was no reprimand for it and it is still allowed I am no longer at that company but I have friends that... View More

James L. Arrasmith
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answered on Apr 16, 2024

Even if you are no longer with the company, you may still have a case, especially if you have witnesses or documentation of the incident and the company's failure to address it properly. An attorney can also advise you on whether your friends who still work there might have a case as well.

1 Answer | Asked in Employment Law for Texas on
Q: Company handbook in TX says when 2 weeks are put in & no vaca time taken, vaca will be paid out. Can I use sick leave?

Can I use sick leave the last 2 weeks & personal time just not vacation time? To still be able to cash out vacation time?

John Michael Frick
John Michael Frick
answered on Mar 27, 2024

As long as you are truly sick and can provide medical documentation of your illness upon request, you can take your sick leave.

1 Answer | Asked in Employment Law for Texas on
Q: Can we deduct the cost of preplacement physical and drug test from employee’s check if they quit before 90 days?
John Michael Frick
John Michael Frick
answered on Mar 6, 2024

If and only if the employee signed a document that authorizes you to do so.

Q: If you're old employer lies in a workmanc comp hearing can you sue for deformation ? He committed perjury.

"I am currently seeking legal representation to address the egregious actions taken against me by Robbins Chevrolet. This includes filing a lawsuit against them for the perjury committed during two hearings, defamation of character, and any other legal avenues available to seek justice for the... View More

John Michael Frick
John Michael Frick
answered on Feb 26, 2024

Generally speaking, statements made during the course of judicial or administrative proceedings are subject to the affirmative defense of absolute privilege in any subsequent defamation proceeding. That means such statements cannot provide an avenue for a claim for damages.

If your...
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1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Construction Law for Texas on
Q: Do I have a "pain and suffering" case?

I deliver lumber for a company. On Oct 20, 2023, I was delivering a load to a job site where the lift fell into a septic tank, which resulted in tearing my rotator cuff. I found out that the builder knew the septic tank was there, but only placed small flags to mark the area. Considering that... View More

S. Michael Graham
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S. Michael Graham
answered on Jan 30, 2024

You may have established the basic facts for a claim for negligence (failure to properly warn) against the land owner and/or builder of the premises. Lawyers refer to this as a third party claim since you also have a claim for workers' compensation.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can employer treat you less favorable than other executives in similar positions?

Woman EVP excluded from "leadership" parties, meetings, anything in upper management areas at company. Yet she is a top producer over the other "executive team members" Futher- demoted to work under less qualified people and forced to train them. This includes training 50% of... View More

John Michael Frick
John Michael Frick
answered on Dec 22, 2023

If the executive is being treated differently because of her biological sex, that may constitute illegal employment discrimination under both state and federal law.

2 Answers | Asked in Employment Law for Texas on
Q: I live in Texas and was hired by a company but they said that I had to join the union once I was hired. Is this legal?
John Michael Frick
John Michael Frick
answered on Dec 11, 2023

Texas is a wright-to work state. You cannot be denied employment because you choose not to join a labor union or other labor organization.

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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: i live in texas and was denied part time employment at NTB on the basis that i am not currently a student. Is this legal

I applied for part time employment at an NTB location in texas and was told that by company policy they only hired students for part time employment

John Michael Frick
John Michael Frick
answered on Dec 7, 2023

There is no law which prohibits such a company policy on a general basis; however, if you have a disability that limits you to only working part-time, it may constitute unlawful employment discrimination because of your disability.

1 Answer | Asked in Employment Law for Texas on
Q: Can my boss make me pay for my coworkers overtime if they cover me.

I am from Texas. My boss has added a new rule saying that if we request time off the employee covering us can't go into over time. If that is unavoidable, we are forced to pay for the employees over time. Is this legal at all?

John Michael Frick
John Michael Frick
answered on Nov 16, 2023

No, your employer cannot make such a deduction from your paycheck without your consent. Your boss can, however, decline your request for time off.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Texas on
Q: If it went to the emergency room for a non job related injury, and was tested . Can I be terminated from that

Because while I was in another state. Where I don't live or work. That drug test was given to dhs and my kids where interviewed , and then when I got out Hospital. I returned to work just to be fired. Cause my job had got referral from dhs . And they said I was fired cause the drug test from... View More

John Michael Frick
John Michael Frick
answered on Nov 9, 2023

It depends upon your former employer's drug policy and, most likely, on what drug you tested positive for.

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