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

Retaliation is a recognized cause of action in discrimination cases. Maintain a detailed log or diary of your managers’ actions toward you. Then bring it to the lawyer who handled the prior discrimination claim that you think your managers are retaliating against you for. If you can’t bring... View More

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.

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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.

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

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

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... View More

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.

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

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.

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.

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

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