John Weldon Shaw’s Answers

John Weldon Shaw

Fort Worth Litigation Lawyer.

Contributor Level 5
  1. Unemployment denied for no call

    Answered over 2 years ago.

    1. John Weldon Shaw
    2. Anne Whalen Gill
    3. Vincent Peter White
    3 lawyer answers

    First things first. You have to make sure that you follow all instructions from the Texas Workforce Commission (TWC) concerning timeframes to appeal the denial of your unemployment benefits. You have 14 days from the date your denial is mailed from the claims examiner to appeal the denial of unemployment compensation benefits (UCB) to the appeal tribunal. A telephone hearing will then be scheduled before the TWC Appeal Tribunal at which point you will be able to tell the hearing officer your...

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  2. Employer criminal background check - Texas

    Answered almost 3 years ago.

    1. Scott Shannon Gray
    2. John Weldon Shaw
    2 lawyer answers

    While I agree in general with the prior attorney's answer, in my opinion, the question is what the nature of your criminal findings are. A conviction can be reported indefinitely. An arrest that did not result in a conviction should not be reported by a consumer reporting agency if it is more than seven years old. See the Federal Fair Credit Reporting Act (FCRA) 15 U.S.C. Section 1681(c)(a)(5) which basically says that "no consumer reporting agency may make any consumer report containing any...

    2 lawyers agreed with this answer

  3. Can I win a Texas unemployment appeal if I quit my job?

    Answered over 2 years ago.

    1. John Weldon Shaw
    1 lawyer answer

    Speaking very generally, voluntarily quitting disqualifies you from receipt of unemployment compensation benefits under the Texas Unemployment Compensation Act (TUCA) if you voluntarily quit without work connected good cause. While the TUCA does not define good cause, the Texas Workforce Commission (TWC) Appeals Policy and Precedent Manual defines good cause to mean such cause, related to the work, as would cause a person who is genuinly interested in retaining work to nevertheless leave...

    1 lawyer agreed with this answer

  4. If my apartment complex is filing an eviction against me but never gave me written notice, can I get the eviction dismissed?

    Answered over 2 years ago.

    1. John Weldon Shaw
    2. David Jahan Sadegh
    3. Brandy Ann Peeples
    3 lawyer answers

    Yes, the eviction under these circumstances should be dismissed. Under Texas law, prior to filing a lawsuit, a landlord must give written notice (regardless of whether you know you are in default of the lease contract or not). The notice to vacate must be given to you at least three days before the eviction is filed in the Justice Court. The only exception to this requirement is if you signed a contract that specifically dictates how much time the landlord has to give you prior to filing...

    1 lawyer agreed with this answer

  5. I have obtained a Non-Disclosure and applying for a job at a financial institution, who can view my record besides TX DPS?

    Answered over 2 years ago.

    1. John Weldon Shaw
    1 lawyer answer

    There are 30 agencies or entities that a criminal justice agency may disclose criminal record history information that is the subject of an order of nondisclosure to. The full list is at Texas Gov't Code Section 411.081(i). Not being at all familiar with the Mortgage divison at a Bank etc., it would appear to be possible that the offense ordered nondisclosed would be subject to disclosure if requested by the savings and mortgage lending commissioner, the banking commissioner, the...

    1 lawyer agreed with this answer

  6. If i have a deffered ajudication and served probation with no problem,, do i need to tell employer of the offence commited

    Answered over 2 years ago.

    1. Scott Douglas Marquardt
    2. John Weldon Shaw
    3. Matthew Ryan Montes
    3 lawyer answers

    In addition to the information provided by the previous attorney, you should also consider consulting an attorney about possibly having the offense nondisclosed. Some offenses are subject to an order of nondisclosure if you were placed on deferred adjudication and the offense was discharged and dismissed after you successfully completed deferred. An order of nondisclosure would prevent most potential employers from finding out about the arrest and you would be allowed to deny the arrest....

    1 lawyer agreed with this answer

  7. How long after winning an appeal for unemployment benefits does it take to receive my monthly benefits?

    Answered almost 3 years ago.

    1. John Weldon Shaw
    2. Shannon Katherine McDonald
    2 lawyer answers

    The decision of the appeals tribunal does not become a final decision until the expiration of 14 days after the date the favorable decision was mailed. This is the amount of time that the employer has to appeal the appeal tribunal's decision to the Texas Workforce Commission's three member panel. Look at the top of the Appeal Tribunal decision and you will find a "Date Mailed" date. Count 14 days from that date. If the employer fails to appeal this decision on or before this date the...

    1 lawyer agreed with this answer

  8. Can an employer fire u for a deferred adjudication

    Answered almost 3 years ago.

    1. John Weldon Shaw
    2. David James Manley
    3. Ty Hyderally
    3 lawyer answers

    Texas is an at-will employment state. In short (and very generally) you can be fired for any reason that is not related to your membership in a constitutionally protected class, your age or disabilities. That being said, if your employer plans to use adverse criminal history record information against you they should be following the rules in the Federal Fair Credit Reporting Act as well as the EEOC guidElines related to the proper use of this information. More than likely, however, the...

    1 lawyer agreed with this answer

  9. Statue of limitations to file for unemployment benefits

    Answered over 2 years ago.

    1. John Weldon Shaw
    1 lawyer answer

    There is no statute of limitations to file for unemployment benefits. Realistically you should apply as soon after your termination as possible to ensure that all witnesses with relevant facts concerning your separation remember what happened and can testify to the separation. I cannot tell you whether you can get benefits because you have provided no information regarding your work separation. Generally, as long as you did not quit and you were not terminated for your own work connected...

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  10. Can anyone get a certified copy of my criminal background in Dallas tx

    Answered about 2 years ago.

    1. John Weldon Shaw
    1 lawyer answer

    No, not just anyone can get a certified copy of your certified criminal history record information maintained by the Texas Department of Public Safety Crimes Dissemination and Information Bureau. The list of individuals who can obtain this information is found at Texas Government Code 411.083 and includes 8 specific agencies and individuals, you can find the statute at this link http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.411.htm#411.083