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Texas Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Texas on
Q: I quit my job because my Rgm asked me to relabel expired products and she talks down to employees and yells at them in f
John Michael Frick
John Michael Frick
answered on Mar 24, 2023

You did the right thing quitting.

1 Answer | Asked in Employment Law for Texas on
Q: What should you do if an employer writes you a personal check as your paycheck and it does not clear b.c of ISF?

1. Shouldn't my payment be coming out of a business account?

2. He took the "taxes out"

3. I was paid on the 1st friday and now 12 days later I still have not been paid for my month of work.

4. My bank account is now overdrawn, late fees are accruing, etc.

John Michael Frick
John Michael Frick
answered on Mar 15, 2023

You can file a wage claim with the TWC. Information on how to do so is available on its website: https://www.twc.texas.gov/jobseekers/how-submit-wage-claim-under-texas-payday-law

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: I recently got hurt at work I'm on light duty at the moment. Is my position protected?

They moved me to a different department I was told temporarily while being on light duty. But just two days ago one of the coaches acted as if he is switching me permanently. Which means I get to pay decrease and lose my position I had all do to be hurt. I work at Walmart is this allowed

S. Michael Graham
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S. Michael Graham
answered on Mar 13, 2023

If your claim is in Texas, Walmart no longer carries workers' compensation through the Texas Department of Insurance, Division of Workers' compensation. They are nonsubscribers to workers' comp. Walmart has it's own private insurance. I believe your employer can permanently... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Do I have a case on the grounds of retaliation by a manager?

In January of 2022, I filed a complaint against my manager to her manager. I also involved HR since a similar complaint that was filed two years prior was overlooked by her manager. Almost immediately after her manager spoke to her, she began retaliating against me. She began excluding me from... View More

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

It depends on the nature of your complaint against your manager.

Your retaliation discrimination complaint must show that you engaged in protected activity in the investigation of an employment discrimination complaint based on race, color, national origin, religion, sex, age, or...
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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: EEOC says I have a solid case with concrete evidence. Should I get a lawyer?

I received an email of me being terminated from my employer due to being pregnant. I filed a charge with EEOC.

Cynthia Pietrucha
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Cynthia Pietrucha pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2023

I'm sorry to hear about your situation. Whether you should get a lawyer depends on your goals with the EEOC Charge of Discrimination (settlement, mediation, litigation) and your damages from the experience. A lawyer will bring the expertise, advocacy and stress relief you may need during... View More

2 Answers | Asked in Contracts, Civil Litigation and Employment Law for Texas on
Q: Hello, A company hired me to be a salesman. They put me through two weeks of training. Now wont hire me because of back

back ground check. I drove 100 miles each day for 2 weeks. Also they made me file for an LLC which was $150 and go on ride alongs with other salesman and I spent over $200 in gas. They owe me around $1500 and will not pay because I failed the background check. I believe since they put me through... View More

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

It depends on the terms of your employment agreement and the reason you failed its background check.

If your employment offer was not conditioned on you successfully passing their background check and a background check is not required by some law or regulation governing your occupation,...
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1 Answer | Asked in Employment Law for Texas on
Q: If my boss terminate me for poor performance and allow another employee stay doing poor performance , can I sue?
John Michael Frick
John Michael Frick
answered on Mar 5, 2023

In Texas, in the absence of a contract to the contrary, it is legal for an employer to terminate an employee due to poor performance.

To have a valid claim for wrongful termination, you will need to prove that is not the real reason you were fired and that instead you were fired for a...
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1 Answer | Asked in Employment Law for Texas on
Q: HI! Can a customer that I do work for and they pay with a 1099-NEC come to my shop and complete an inspection?

Is it okay if a company that I do work come in and do an inspection and for say that I need an employee handbook, safety plan, etc...Can I ask the INDEPENDANT CONTRACTOT that works for me to only work during Business Hours? can I ask her to swipe a time clock for billable hours?

John Michael Frick
John Michael Frick
answered on Mar 2, 2023

An independent contractor by definition controls the manner, means, methods, and details of the work they do for you.

You can tell them what you want done and even give them plans and specifications, but you can’t show or tell them how to do it, when to do it, what tools to use to do it,...
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1 Answer | Asked in Employment Law for Texas on
Q: My employer is threatening with suspension with no pay and i dont know what i can do.

My boss is the owner and HR is his wife. I am a salaried employee and it is an at will company. The suspension is because a client emailed the boss to complain about progress being made. The delay is due to a lack of resources on our end because the boss spent the money that was ment to hire more... View More

John Michael Frick
John Michael Frick
answered on Feb 15, 2023

Any reasoned answer will depend on the terms and conditions of your employment and the facts and circumstances surrounding the threatened suspension.

1 Answer | Asked in Libel & Slander, Employment Law, Workers' Compensation and Civil Rights for Texas on
Q: Do you believe under any section on any category are black people seen as equally equal or separateed equally equal?

Honestly honest opinion

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

Article 1, section 3a of the Texas Constitution provides: “ Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative.”

In my professional experience, I have rarely seen individuals treated...
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1 Answer | Asked in Employment Law for Texas on
Q: Is my employer required to pay my accrued and remaining vacation hours if I quit my job in Texas?

This is what is stated in the Employee Handbook..

"Accrued vacation will be available to each employee upon their anniversary date and must be used within

twelve (12) months after it is accrued. Employees may carry over 24 hours of accrued vacation time to the

following... View More

John Michael Frick
John Michael Frick
answered on Feb 6, 2023

No, since the policy stated in the Employee Handbook expressly provides it is use it or lose it.

2 Answers | Asked in Small Claims, Employment Law and Immigration Law for Texas on
Q: What should I file my case as besides a debt claim, if able?

As an illegal immigrant - I was allowed to work at a company in which they paid me $4,000 as a check. I went to the bank and they said it was fake. I contacted my employer and he's given me death threats and threats on calling immigration on me. He denied giving me a fake check and has done... View More

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 4, 2023

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...
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1 Answer | Asked in Employment Law for Texas on
Q: As a salaried manager my hours are being docked for lunches I don't take is this legal?

I am a salaried manager for a retailer. We are required to work 48 hours each week but our company automatically takes out an hour for breaks each day worked. Even if you do not take break since we are salaried. Realistically I work 55 hours a week because of this but am paid for 48.

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

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.

1 Answer | Asked in Employment Law for Texas on
Q: I work in Texas I am currently on my two week notice and wondering if I get my 15 days of pto paid out to me?

I don’t see anywhere a mention of what happens to pto when separation occurs between me and employer

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 24, 2023

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

1 Answer | Asked in Employment Law for Texas on
Q: Do i have a case? My employer fired me because of "job abandonement" but I was in the hospital and notified them of such

So i worked for a job for threee weeks and always struggle with mental health atou d christmas. I endes up in the mental hospital for a suicide attempt and was in the hospital and told my employer i would be. When i came back they said since i didnt update them they considered it "abandonmetn... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

I am working on a case similar to this right now. There may be steps you can take. I need to learn a little more.

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Texas on
Q: Hi Carla the EEOC office give this number my situation is hard because they don't payme my bonus and also take my insu

They take my insurance in February and they fired me March and also I thing they.broke the rules and they have alot favoritism I work for 20 uears6

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

It is difficult to understand your question, but if you have been discriminated against in some way you may have a claim. I would need to learn more.

1 Answer | Asked in Employment Law for Texas on
Q: Can my employer withhold pay due to company equipment not being shipped by a certain date?

They’ve threatened to do this to me. I’m based in Texas. The company is headquartered in Virginia.

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

I need to review your contract to provide you with an answer.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can an employer legally revoke a PTO request, that was previously approved, as a form of punishment for "mistrust"?

I worked remotely and did not inform my manager. This has never been a part of policy or an issue for the 5 years working for this company -- There is still no officially stated policy for doing so. My manager was personally upset I wasn't in the office and that I did not reply to their email... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

This may be a breach of contract. I need to read your contract. Also, I am finding that employers are violating certain laws based on mandated pay polices. I am working on an issue like this now.

2 Answers | Asked in Contracts and Employment Law for Texas on
Q: I’m in Texas, My contract has an “at will” (8week notice required) clause, is this absolutely enforceable if I quit?

Live in Texas, but work remotely for the company which is based in Detroit, Michigan. They gave me a retention bonus through July, which I have to pay back whether they terminate me or I resign. But, this 8-week notice requirement is next to the “at-will employment” term, so is this enforceable... View More

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

It’s not illegal per se, but I’m curious what damages your employer can seek if you depart early. Maybe forfeiture of accrued but unused PTO?

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2 Answers | Asked in Employment Law for Texas on
Q: Can My Employer Reduce My Wages for Quitting Without Notice?

As an at will employee, I had to immediately resign my position with my former company. I was unable to give any notice. The company is now telling me that my pay for the last two weeks worked will be at minimum wage instead of my regular pay rate (this is a pay cut of roughly half). They said this... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 4, 2023

Generally yes. Federal laws typically only protect against minimum wage and overtime violations, so while this policy resulted in a substantial pay cut to you, it doesn't violate any wage laws.

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