If you have received a fake check and have evidence of the work you performed, it is important to take legal action to protect your rights. However, as an illegal immigrant, you may face additional challenges in seeking legal remedies.

You should contact the Department of Labor to report... View More

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answered on Feb 26, 2023

As an illegal immigrant, you may face some challenges in pursuing legal action against your employer. However, you may still have options for seeking compensation for the unpaid wages.

One option would be to file a wage claim with the Department of Labor's Wage and Hour Division. This... View More

Your employer can compel you to take your hour long lunch break by denying compensation if you refuse to take it.

Your best strategy in this situation is to take your hour long lunch break offsite from your workplace.

There are no laws that require that earned but unused PTO be paid out to the employee upon separation. However, there are other ways that you can potentially recover this earned-but-unused PTO, such as if your employee handbook states you will receive it upon separation. If you don't have an... View More

Gideon v. Wainwright holds that an indigent defendant accused of a serious crime has the right to a court-appointed attorney at the state's expense.

The right of an indigent person to a court-appointed attorney at the state's expense in a civil case is much more narrow.... View More

Under ERISA, the plan administrator (usually your employer) is required to provide plan documents to you within 30 days of your request. With both your employer and the insurance company refusing to provide you anything, you may need to get an attorney involved. Feel free to contact my office and... View More

It sounds like a typo to me. That’s probably an annual salary.

I’d bring the amount to the attention of the HR dept or person and ask for clarification. I don’t think a reasonable person would rely on that as an actual hourly pay rate without such clarification.

It depends on your agreement with your employer.

And if you don’t have an agreement with your employer and are using your car on company for company, both you and your employer are playing with fire.

Your employer could be held liable if you have a collision under the legal... View More

You can threaten to quit your job unless your employer pays you for the three hours you missed.

Like most US states in most occupations, Texas has a rule called “employment at will.”

That rule allows you to leave your employment for almost any reason. This would be a reason.... View More

In Texas, it is legal to record a conversation to which you are a party. We are a “one-party consent” state. You do not even need to tell the other party you are recording.

Be sure to state clearly and consistently that, despite your pregnancy, you remain able to perform all of your... View More

“Putting their hands on you” is a broad term. Generally speaking, it is not illegal to physically touch another person. On the other hand, intentionally assaulting or offensively touching someone (eg punching, slapping, kicking, clawing, forcefully shoving, etc) might be a crime depending... View More

It is pointless to sue the county as it is most likely immune from any civil damages in such a case.

I recommend you obtain certified copies of your indictment, any arrest warrant affidavits, and the order disposing of the criminal charges against you and provide them to any prospective... View More

If the pictures were creative works, you could be violating your former employer's copyright interests in such works. Typically, under the work for hire doctrine, the copyright for creative works made by an employee belongs to the employer, not to the individual employee that created them.... View More

Whether an employer has made reasonable accommodations to enable a qualified individual with a disability to perform essential job functions or to have the same privileges as employees without a disability without undue burden on the employer is a fact intensive determination. There is no way of... View More

An employer may not make such withholding from an employee’s pay without the employee’s consent.

You are entitled to get that money repaid. And your employer is entitled to be paid for the cost of repair and loss of use of the vehicle you wrecked.

I recommend you schedule an... View More

Insurance responsibility depends upon the nature of your relationship with the company and the terms of any agreement between you.

Typically, an employee of a trucking company is insured under the company's liability policy.

On the other hand, an independent contractor would... View More

Hello! Thanks for your question. Disability policies (short-term included) can vary a lot in how they define what it means to be "disabled." I would recommend taking a look at your employer's group Short-Term Disability policy and seeing how it defines "Disability." That in... View More

There is something missing in the way you have phrased your question.

What you wrote is that you submitted a request for an accommodation with a doctor's signature, and your employer approved it based on your doctor's recommendations.

That is a textbook example of an... View More

In the absence of a written employment agreement to the contrary, employment in Texas (and in most US states) is at-will. That means you can resign for almost any reason. It is almost certain that your former employer will not pursue any claims against you under the circumstances.

Unfortunately, the statute of limitations on unpaid wage claims under the Fair Labor Standards Act only goes back a maximum of three years. While salaried employees need not be paid overtime, your employer has to prove that your job meets certain requirements in order to properly pay you on a... View More