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COVID-19 Texas Employment Law Questions & Answers
3 Answers | Asked in Civil Rights, Employment Discrimination, Employment Law and Personal Injury for Texas on
Q: Like file a civil suit against my Ex-employer for freedom of speech violation, which I was fired. statue of limitation?

Subject: Seeking Legal Representation for Complex Employment and Health-Related Case

I hope this letter finds you well. I am currently facing a complex legal situation that involves various issues related to my employment and health. After thorough research, I believe your expertise in... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Texas, the statute of limitations for filing a civil lawsuit for wrongful termination, which may include claims like violation of freedom of speech, depends on the specific nature of the claim. Generally, for wrongful termination claims, the statute of limitations is typically around two years,... View More

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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Do I have legal protections after administrator interfered with hiring?

I was working for contract company in a nursing home. The administrator and nursing directors of the facility sent intimidating messages through my director to me because they didn’t like my required reporting of changes in patient conditions, which I am legally, ethically, and morally obligated... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2023

Since you were laid off, and not fired for cause, you have standing to collect unemployment benefits from your former employer. You can apply for such benefits online through the Texas Workforce Commission website and most likely will not require the services of a lawyer.

1 Answer | Asked in Employment Law for Texas on
Q: I recently got demoted due to not able to fulfill all my duties at work due to long covid aftermath, so i resigned. is

I have been medically signpost with depression and many other health issues due to covid aftermath.

John Michael Frick
John Michael Frick
answered on Nov 9, 2022

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.

2 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: Are employers allowed to force and administer a Covid 19 test
John Michael Frick
John Michael Frick
answered on Sep 21, 2022

No, but they can make it a condition of continued employment under many circumstances. If such a test is “job related and consistent with business necessity,” the employer can require a COVID-19 test as a condition of continued employment. This is largely being interpreted as meaning will the... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can an employer make you get a covid vaccine for employment consideration? Sounds discriminatory to me.
Rhiannon Herbert
Rhiannon Herbert
answered on May 18, 2021

Generally, the answer to this question is yes. However, there are two exceptions to this general rule. If you have a religious objection to receiving the vaccine, or if you suffer from a disability that renders you unable to receive the vaccine, you can request an exemption from this requirement as... View More

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1 Answer | Asked in Employment Law, Federal Crimes and White Collar Crime for Texas on
Q: Can I file a lawsuit to have a fraudulent W-2 revoked?

Can I file a lawsuit to have a fraudulent w-2 revoked?

I am an independent contractor.My life line during the pandemic depends on gig worker assistance. A company fraudulently re-characterized me as a w-2 employee after I terminated all business relationship with them due to consistent... View More

Teri A. Walter
Teri A. Walter
answered on Feb 24, 2021

I don't know what claims you could make yourself, but you could report the situation to the IRS. If they claim you were a W-2 employee, they should have been paying payroll withholding, and weren't. That can result in a 100% penalty against the company, and against anyone who had... View More

1 Answer | Asked in Employment Law for Texas on
Q: I contracted covid and was out of work. I want to know about the ffc act Trump put out for employees who test positive.

Do you have to have PTO or are they supposed to still pay you.

Carrie Dyer
Carrie Dyer
answered on Jan 27, 2021

The mandatory provisions of the Families First Coronavirus Response Act expired on December 31, 2020. Therefore, if you contracted COVID-19 and were out of work after that date, then your employer would not be required to provide paid sick leave under the Act. However, if this occurred in 2020,... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Employer let me go after telling me to quarantine and test. Results were negative and let go day 13 of 14 quarantine.

I was informed I had been exposed to the virus. When I told employer they said go home and quarantine immediately for two weeks and get tested. After receiving negative results I contacted immediate supervisor via text. After no response I contacted the owners wife via text stating when I would be... View More

Carrie Dyer
Carrie Dyer
answered on Dec 30, 2020

It sounds like your employer may have violated the Emergency Paid Sick Leave Act of the Families First Coronavirus Response Act. Subject to some exceptions, employers with less than 500 employees are required to make 80 hours of paid sick leave available for full-time employees, and the equivalent... View More

1 Answer | Asked in Employment Law for Texas on
Q: Hello, I recently got covid. My job did not pay me, although I am a full-time employee. Is there anything I can do?

I'm not qualified for paid sick days until I complete a year with the company. I've been with them for a total of 9 months.

Bill  Hommel
Bill Hommel
answered on Nov 19, 2020

The Families First Coronavirus Response Act requires employers up to 500 employees to provide paid sick leave if you contract the virus. If you have been with the company for at least 30 days prior to taking the leave, you should qualify for the paid leave.

1 Answer | Asked in Employment Law for Texas on
Q: My wife works at a large hospital scheduling appt.'s. Can they force her to screen incoming patients for Covid-19?

She is concerned about contracting the virus and endangering her children and elderly parents. Her job roles only include interaction with patients at check-in from behind protective glass with a mask and scheduling appointments over the phone. No additional compensation is offered and if she... View More

Bill  Hommel
Bill Hommel
answered on Nov 19, 2020

If an employee contracts the virus or is seeking a diagnosis regarding whether they have the virus, the Families First Coronavirus Response Act requires employers with up to 500 employees to provide paid sick leave for any time off taken up to 12 weeks. It sounds as though your wife works for a... View More

1 Answer | Asked in Employment Law for Texas on
Q: Is it legal for an employer to not pay workers that are working from home due to COVID who’s system is not working?

Everyone at my job was sent to work from home. However their temporary work from home equipment has been causing issues to where some workers cannot clock in. They are not paying workers even though it is a company issue.

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 7, 2020

Under the Fair Labor Standards Act, the general rule is that you must be paid for all hours you spend performing work for the company, but you need not be paid for time that you're not performing work. So, the answer to your question will depend on whether you still performed work on days you... View More

1 Answer | Asked in Contracts, Employment Law, Constitutional Law and Employment Discrimination for Texas on
Q: Discrimination during COVID 19 and sexual harassment

I was furloughed for COVID 19, and my employer said for 2 months he couldn’t afford to call me back to work. All the men in my department were back and working the whole 2 months I was gone. Now he is offering me a lower pay rate and is putting me in another department, and replaced my shift with... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 9, 2020

It sounds like you may have a claim for sex discrimination under Title VII of the Civil Rights Act of 1964. To establish this claim, you have to prove you were qualified for your original job, you suffered an adverse employment action (a pay cut or demotion to a less favorable or prestigious job... View More

1 Answer | Asked in Employment Law and Immigration Law for Texas on
Q: I’m a L-1 visa, can I apply for unemployment benefits due to coronavirus outbreak?

I work for a hotel as manager with an L1 visa, due to corona virus we had to close until further notice, I tried to apply for unemployment benefits online but requires the alien registration number ( which I don’t have). Also I don’t want this to affect my migration status

Adan Vega
Adan Vega
answered on Apr 25, 2020

Those who are not citizens can apply and receive unemployment benefits if all of the state requirements are fulfilled.

You must have a valid work permit or any immigration status that allows you to work such as a green card, asylee, DACA or TPS status.

You must be authorized to work...
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1 Answer | Asked in Employment Law and Immigration Law for Texas on
Q: Getting unemployment benefits affect on citizenship??

I live in Houston and I work at the mall as a salesman. Because of the coronavirus, mall got closed and our store was closed too. And I don't know when mall will be reopen, therefore I applied for unemployment benefits. So, I want to know these Benefit does it affect on my Citizenship? ( I... View More

Adan Vega
Adan Vega
answered on Mar 22, 2020

The receipt of public assistance such as unemployment benefits is not an automatic bar to naturalization if you have not engaged in unlawful behavior including committing fraud. However, USCIS may view the receipt of benefits as a factor regarding your “good moral character “. You may want to... View More

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