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Texas Employment Law Questions & Answers
2 Answers | Asked in Employment Law for Texas on
Q: Hello I live in Texas. I had to have surgery in September I got released to work on OCT 1 and laid off the 2nd

The company was paying my health insurance for my wife and InK was told I would have a job after. After I was released i was laid off the next day and was told they didnt have a truck for me to drive.Im a truck driver

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

Under the facts as described, you should be entitled to unemployment benefits. The following link describes how to apply for unemployment benefits in Texas: https://www.twc.texas.gov/services/apply-benefits#howToApply

Under a federal law (COBRA), you can elect to continue the health...
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1 Answer | Asked in Employment Law for Texas on
Q: Q: Termination of me, special ed teacher.. They didnt provide training andi'm being fired inspite of supervisor saying'w

Q: Termination of me, special ed teacher.. They didnt provide training andi'm being fired inspite of supervisor saying'we h

''We havent trained you, i9 admit weve failed.'', was supervisor words. Now i'm being termed.

Converse, TX

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

It is unclear what question you are seeking an answer to in this Q&A forum. You might try to rephrase what you have written into a specific question for a lawyer to answer.

1 Answer | Asked in Employment Law for Texas on
Q: I need help with getting my severance pay that was written into the contract and the employer is now refusing to pay

I'm not getting my severance pay as promised in the contract with me. I also believe that I was misclassified as a contract employee when I should have been classified as an employee. I'm trying to do this myself, but after spending hours waiting and talking to the IRS as well as the TWC,... View More

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

A key question is how much severance pay is at issue? A competent experienced employment lawyer typically charges $350-600 / hour. A suit for breach of contract to recover severance pay likely will take 12-24 months if the other party refuses to settle. Hopefully, the other party has no n-exempt... View More

1 Answer | Asked in Employment Law for Texas on
Q: Texas: Can employer/supervisor threaten termination for use of cell phone on unpaid lunch break.

Employed 5 years, PT employee as vendor in big box store (about 30 employees, majority seniors/elderly), no employee handbook, etc. Unpaid lunch break, not wearing apron, hat, hairnet. Received call re: auto insurance while in store. Previously 100% compliant in all work aspects for 5 years, no... View More

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

In a "big box store" environment, you most likely can contact the HR department about what the regional manager said. Ask for clarification as to what the policy is and why you did not receive a copy or any verbal instruction about the existence of the policy. You may discovery that... View More

1 Answer | Asked in Business Law, Construction Law, Employment Law and Landlord - Tenant for Texas on
Q: Need to know about plumbers not explaining anything to tenants as pertains to the Texas law.

I have a property management company who is threading to stop useing my services because I told the tenant then water heater needs replacement. I have a special needs child and a split if wife . They constantly threaten me with this as I am a new company ? But have worked with same property... View More

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

I see no legal issue. A property management company can stop using a plumbing contractor if they want to. A plumber can tell a tenant a water heater needs to be replaced if it does.

1 Answer | Asked in Criminal Law, Employment Law, Education Law and Federal Crimes for Texas on
Q: What to do when someone threatened to blackmail someone on something that isn’t true?

My girlfriend is a teacher at a middle school and has a TikTok with a lot of followers. Last night we were at IHOP with some friends and she made a comment about some names given to people will lower their chances of getting hired in the future. It’s literally a fact on google. So today someone... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

The only concern would be DEFAMING someone. That is when you say a false statement about someone. Truth is always available to publish or say out-loud.

LMK if you need more info.

I hope this helps.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: What are my options if I am experiencing a hostile work environment and I am being retaliated against my HR Director?

My HR Director and I have had issues in the past, but most recently I received my Annual Evaluation where my direct supervisor gave me glowing remarks and I was to receive the top rating, but the HR Director refused to sign off on it and demanded that my supervisor lower the rating to a "Meets... View More

John Michael Frick
John Michael Frick
answered on Oct 31, 2023

If the hostile environment is based on race, color, religion, sex, national origin, age (over 40), disability, or genetic information, it may give rise to a legal cause of action. In that instance, you should contact an attorney. Otherwise, it may simply be an internal HR matter

1 Answer | Asked in Employment Law and Insurance Bad Faith for Texas on
Q: My job told me to go home 2 days ago due to problems with some of the insurance policies I’ve sold.

They have yet to speak to me in the past 2 days or follow up with any of my phone calls. I have a commission check of 21k waiting that hasn’t been paid out to me.

Tim Akpinar
Tim Akpinar
answered on Oct 23, 2023

A Texas attorney could advise best, but your question remains open for a week. Until you're able to consult with a Texas attorney, you could ask your company what the problem is. If you do consult with an attorney here, they're going to want to know that. Good luck

1 Answer | Asked in Employment Law for Texas on
Q: Can a company withhold a paycheck from me for not logging in my hours on their website even though I clock in and out

I've been sent a warning stating they will withhold my paycheck if I do not log in my hours on their website. I do not know if this is legal or not so I just need information

T. Augustus Claus
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answered on Oct 6, 2023

In Texas, employers are generally required to pay employees for all hours worked, regardless of whether the employee has logged those hours on a website. Withholding a paycheck for not logging hours on a website could be viewed as a violation of wage and hour laws. If you clock in and out, and... View More

1 Answer | Asked in Bankruptcy, Copyright, Criminal Law and Employment Law for Texas on
Q: Please give me a clear answer of what exactly I'm asking because my attorney w as ineffective assistance of counsel todd

Tax records never received please review detailed information from modified archive records switches

Timothy Denison
Timothy Denison
answered on Oct 4, 2023

What is your question?

1 Answer | Asked in Employment Law for Texas on
Q: My employer discontinued my insurance and said it was a mistake, and continued it. What actions can I take?
T. Augustus Claus
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answered on Oct 3, 2023

If your employer erroneously discontinued your insurance but has since corrected the mistake, you may want to ensure that any medical expenses incurred during the lapse are covered. If they aren't, you can potentially seek reimbursement from your employer. You can also check the Texas... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Can a manager tell you who to be friends with?

This came up because of a request to take time off. And management stated no because it was to many request for time off. And they blame it on a certain person.

T. Augustus Claus
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answered on Oct 3, 2023

Generally, outside of the workplace, a manager cannot dictate who an employee can or cannot be friends with. However, within the workplace, employers might have policies or codes of conduct that address relationships or fraternization to avoid conflicts of interest or perceived favoritism.... View More

1 Answer | Asked in Criminal Law, Employment Law and Business Law for Texas on
Q: I work for a hotel chain which is individually owned operating under a well known corporation. ( La Quinta Inn and Suite

I work for a hotel chain which is individually owned operating under a well known corporation. ( La Quinta Inn and Suites by Wyndham ) Wyndham offers members the ability to earn points on each stay that can be used for discounted rates/free nights. as a desk agent, I have the OPTION, not mandatory... View More

John Michael Frick
John Michael Frick
answered on Sep 29, 2023

Clearly yes. You intentionally took something of value that did not belong to you without the owner's consent. You should hire a criminal defense attorney ASAP.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Employees mandated to train for a specific martial art after being employed for a number of years with medical issues.

Many older employees with medical issues are now contemplating to retire early. It was said accommodations will not be long term ,you will need to have a release date. If you have back issues, shoulder surgeries, hip issues. But because you hold a certain certification you are mandated to attend... View More

John Michael Frick
John Michael Frick
answered on Sep 24, 2023

Meeting neutral generally applicable physical fitness requirements as a condition of employment in a job where fitness is important isn’t discrimination.

If women were held to a different tougher standard, or if older employees were held to a different tougher fitness standard than...
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1 Answer | Asked in Social Security and Employment Law for Texas on
Q: I have a learning disability I informed employer of this several times employer never acknowledged or accommodated my

Disability do i have a case they also were forcing me to work on pools without a license

James L. Arrasmith
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answered on Sep 21, 2023

Yes, you may have a potential legal case against your employer for failure to provide reasonable accommodations for your learning disability under the Americans with Disabilities Act (ADA). Additionally, if they were requiring you to work on pools without a license, that could raise concerns about... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: I live in Texas and my employer, fired me 4 weeks into training, stating I didn’t indicate I worked there before?
John Michael Frick
John Michael Frick
answered on Sep 13, 2023

Failing to truthfully disclose information when applying for a job often results in employment being terminated. If what the employer is saying is true, you may not be entitled to unemployment compensation as a consequence of your deception.

1 Answer | Asked in Employment Law for Texas on
Q: My company paid to wrap my vehicle, now I no longer work there and they want it removed. Who is financially responsible
John Michael Frick
John Michael Frick
answered on Sep 4, 2023

That depends on the agreement between you and your former employer that allowed it to wrap your vehicle in the first place.

Most such agreements contain a provision for the removal of the wrap upon termination of your employment.

1 Answer | Asked in Small Claims, Employment Law and Contracts for Texas on
Q: Can an employer legally keep product that I paid for?

1099 sales person for Window World. Measured windows incorrectly by accident. The company makes me pay for the windows, they keep the windows, and they give the windows away to Habitat for Humanity for a tax break for themselves. There is not work agreement that explains this. The company claims... View More

John Michael Frick
John Michael Frick
answered on Aug 30, 2023

If you receive a 1099, you are not an employee but an independent contractor. As such, you control the manner, means, methods, and details of your work and set your own policies and procedures. Your relationship with any company that hires you is governed strictly by the terms of your contract... View More

1 Answer | Asked in Criminal Law, Employment Law and Personal Injury for Texas on
Q: I was physically assulted by my owner at workplace what are My rights and what can I do .I have video evidence as well
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 26, 2023

If you want to press charges you MUST call the local police and report the abuse.

Otherwise, it will likely happen again and may get worse.

Good luck!

1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Texas on
Q: Wanting to file lawsuit on company for wrongful arrest/termination - no investigation carried out

charged with and later dismissed due to lack of evidence

3rd degree felony with terroristic threats

event occurred in 2019, statue of limitations apply.

event occurred in a PRIVATE PROPERTY

event did NOT take place: caused impairment or interruption of public... View More

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

It seems the correct cause of action for your particular facts would be a lawsuit for malicious prosecution. In order to prevail, you will need to show the following:

1. A criminal prosecution was commenced against you

2. The defendant initiated or procured the prosecution...
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