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Texas Employment Law Questions & Answers
1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Texas on
Q: Do I have a right to file a lawsuit against my ex employer even though some of the incidents have happened in the past
John Michael Frick
John Michael Frick
answered on Jun 12, 2023

Most lawsuits involve incident that happened in the past. But there is a statute of limitations which may be a defense to a lawsuit if the events occurred too long ago.

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 Employment Law for Texas on
Q: Does a employer have to tell me I've been fired or terminated

I know they do not have to give me notice before or a reason but I want to know if they need to notify me that i no longer work there.

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

There is a legal concept known as “constructive discharge.” For example, if you are a shift worker who is assigned work on a periodic basis by means of a schedule prepared by someone, an employer might just stop putting you on the schedule.

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Hello and good day! been employee 7 years, just diagnosed with accute aggressive heart failure. Seems I'm loosing job !

It's the way they are going about it and it's not feeling right at any angle...Yes they did know about my previous health and just after all these years being employed is this legal !

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

The answer to your question heavily depends on whether you are still capable of performing all your essential job functions.

Depending on the size of your employer, you may have FMLA options.

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: Can I be fired for being sick and in the hospital?
John Michael Frick
John Michael Frick
answered on Jun 4, 2023

No, you cannot be fired for being sick and in the hospital.

You can, however, be fired for not reporting to work on time as required by your employer.

1 Answer | Asked in Employment Law for Texas on
Q: Is it legal for a company to terminate my mom based on these grounds and without further investigation.

Company determined that family cannot work together. Family in question: manager is my moms, sister in laws, husband. Mom and manager are not blood relatives and only tied by the fact that their spouses are brother and sister.

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

Yes, a company can determine if it wants to have an anti-nepotism policy and the parameters of such a policy.

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 Contracts, Employment Law, Estate Planning and Products Liability for Texas on
Q: Is MTV Networks now officially headquartered on Broadway street?

Why was it moved from Avenue of the Americas?

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

MTV moved in 2009. According to news reports in 2009:

Landlord SL Green has put the space on the market, saying it could go retail or to another broadcast, but Viacom didn't renew the studio's lease. He told the paper, "We're taking it back from MTV at end of year....
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1 Answer | Asked in Employment Law, Workers' Compensation and Civil Litigation for Texas on
Q: Can I sue for being terminated for accidently falling asleep at my home desk.

I work from home and accidentally fell asleep at my desk, I work two jobs and goto school which I had clarified to my boss before the incident and she was actively working with me to find solutions (ie scheduling myself PTO/UTO.) I had came back from my scheduled time off and was terminated... View More

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

Probably not.

It isn’t unlawful employment discrimination. Unless you have a contract that limits the reasons your employer may terminate you which doesn’t encompass falling asleep during your workday, you don’t have any legal recourse under the facts presented.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: What can be done in a wrongful termination after being told it’s due to “making negative comments about management”

What can I do if my job pulled me to the side and decided to terminate me due to “making negative comments of management “ without a write up, warning or any type of notice nor proof. After asking for a termination letter with a statement of why, HR agrees and doesn’t include the reason in... View More

John Michael Frick
John Michael Frick
answered on May 3, 2023

If you have an employment agreement that expressly limits the grounds on which your employer may terminate your employment, you can possibly sue for breach of contract if your employer terminated you for reasons not encompassed within your employment agreement.

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
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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 Discrimination, Employment Law and Personal Injury for Texas on
Q: My employer forced me to get the COVID-19 vaccination as a condition for hire after executive order GA-40 was in effect.

My employer forced me to get the COVID-19 vaccination as a condition for hire. I had inquired if there was any other way to get hired without having the COVID-19 vaccination and I was informed that there was not. I had found out later that there were exemption forms for existing employees after... View More

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

Under Texas Executive Order GA-40, the only penalty for an employer requiring an employee to receive a COVID-19 vaccine is a fine of $1,000 under Texas Govt' Code Section 418.173. It does not create a private cause of action that you can sue under. Moreover, you have not suffered any... 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

1 Answer | Asked in Business Law and Employment Law for Texas on
Q: Is it illegal for a company to force you to use personal items for company business?

If the company you got a job at makes you use your own personal phone for company business and refuses to pay for said use, is that illegal? If no, why. If yes, then how can I make them pay?

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

No it is not illegal. There is no law that requires a company to provide employees with a phone. If you do not have an agreement with your employer that requires it to provide you with a phone, the employer can require you to use your own phone.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: I was termined from my job and was told it was inappropiate behaviour . I repeated what one of the employee had said.

But I worded it differently . The guess over heard and was offended. I went to the guest and reinterated that when I said it I was asking it like a question . The coworker said Lokk at the baddy with a fatty , I said not a baddy with a fatty. However the quess accepted my apology. Later on that... View More

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

You do not mention any facts that suggest unlawful employment discrimination on the basis of race, color, religion, sex, ethnicity, age, disability, or pregnancy.

1 Answer | Asked in Employment Law, Civil Rights and Constitutional Law for Texas on
Q: What is the statute of limitations on a federal ADA and constitution cause of action dismissed without prejudice to fill

I want to file a new complaint

John Michael Frick
John Michael Frick
answered on Apr 13, 2023

It depends on the nature of the claim. An employment discrimination claim under Title I of the ADA must be filed within 90 days of the date you receive your right to sue letter from the EEOC.

A Title II or Title III claim must de filed within two years of the act complained of....
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1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Texas on
Q: Grounds for wrongful termination / retalliation?

I was terminated yesterday, with the stated, "criminal charges and have violated ethical standards set forth by the Behavior Analyst Certification Board (BACB)". I do not have any criminal charges, and informed the BACB of the arrest, to which they responded no ethical violation was... View More

John Michael Frick
John Michael Frick
answered on Apr 8, 2023

Without knowing what you were arrested for, it is not possible to form an opinion as to whether this incident meets that particular provision.

As a licensed professional, you should have a written employment agreement that clearly delineates the circumstances under which your employer may...
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1 Answer | Asked in Employment Law for Texas on
Q: I work as a nurse for an assisted living faculty in Texas. As a salary employee am I still entitled to overtime?

I work as a nurse and director at an assisted living facility in Texas. I am a salary employee earning $1000 a week (gross). We are always short staffed and I am told that I have to cover the open shifts. Because I am salary the company uses me as free labor. As a salary employee am I entitled to... View More

John Michael Frick
John Michael Frick
answered on Apr 4, 2023

If you earn less than $684 per week, you are likely entitled to overtime under the FLSA.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: My employer will not give me a raise because I make more money than people in the Mexico office, is this discrimination?

I live in Texas and the company that employees me was bought by a company based out of Canada. They also bought other similar companies and merged us to together, and based our managers out of Mexico. I have asked for a raise 2 years in a row and both times was told "you make more than your... View More

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

It is definitely discrimination but that does not necessarily mean it is unlawful discrimination.

Employment discrimination is unlawful if it is based on your being a member of a protected class, for example race, color, creed, ethnicity, sex, disability, or age.

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