Get free answers to your Employment Law legal questions from lawyers in your area.
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.
I am 47 and in Texas. Is it Legal for potential employers to ask for all this information?
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
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.
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.
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 !
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.
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
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
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.
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.
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.
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
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
Why was it moved from Avenue of the Americas?
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.... View More
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
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.
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
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.
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
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
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
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
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
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
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?
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.
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
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.
I want to file a new complaint
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.... View More
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
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... View More
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
answered on Apr 4, 2023
If you earn less than $684 per week, you are likely entitled to overtime under the FLSA.
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
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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