James Alfred Southerland’s Answers

James Alfred Southerland

Houston Employment / Labor Attorney.

Contributor Level 3
  1. EEOC Escaltion Jeopardy 24

    Answered 11 months ago.

    1. James Alfred Southerland
    2. Adam Kielich
    2 lawyer answers

    Employers with less than 15 employees are subject to 42 USC Section 1981 which prohibits discrimination based upon race. Courts have construed Section 1981 to also include claims of racial harassment. Under Section 1981, there is no requirement to file a charge with the EEOC and the court may award compensatory and punitive damages. You should discuss this issue in greater detail with a lawyer.

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  2. In Texas, is it legal for a gas station employer to deduct payment from an employee's paycheck due to a gas drive-off?

    Answered 11 months ago.

    1. Adam Kielich
    2. James Alfred Southerland
    3. Natalie Rebecca Lynch
    3 lawyer answers

    In Texas, for an employer to make a deduction from your pay, there has to be a court order (child support, for example) or a written authorization signed by the employee. From your question, it does not appear that you have signed an authorization to take deductions from your pay. You can file a claim with the Texas Workforce Commission Pay Day Law Division on the TWC website.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. My husband & I relocated to Texas because of a job offer & employer is not living up to promises, what can we do?

    Answered 11 months ago.

    1. Adam Kielich
    2. Debra Vera Jennings
    3. James Alfred Southerland
    3 lawyer answers

    There are issues under Texas law, as well as the state/country where you previously lived. Depending upon the jurisdiction, there may be potential fraud and breach of contract claims related to the negotiation and acceptance of the offer. Texas also recognizes a claim for fraud and possibly detrimental reliance. Caveat - if the husband is an "at will" employee (and probably is), continued employment under the changed circumstances may amount to acceptance of the changes as a matter of law....

    1 lawyer agreed with this answer

  4. Can one sue for damages after signing a job offer, relocating, and then not receiving what was promised in the offer?

    Answered 11 months ago.

    1. James Alfred Southerland
    2. Adam Kielich
    2 lawyer answers

    There are issues under Texas law, as well as the state where you previously lived. Depending upon the jurisdiction, there may be potential fraud and breach of contract claims related to the negotiation and acceptance of the offer. Texas also recognizes a claim for fraud and possibly detrimental reliance. Caveat - if the husband is an "at will" employee (and probably is), continued employment under the changed circumstances may amount to acceptance of the changes as a matter of law.

    1 person marked this answer as helpful

  5. Can my boss ask for my resignation if im looking for another job?

    Answered 11 months ago.

    1. Roger C. Davie
    2. Brian W. Erikson
    3. Christine C McCall
    4. James Alfred Southerland
    4 lawyer answers

    Your boss can ask you to resign. However, you are not required to do so under the circumstances. If you do resign, your employer would argue that you voluntarily quit and, therefore, are not entitled to an award of unemployment compensation benefits. If possible, you may want to indicate that you will give them as much notice as possible before quitting - if you quit. The job search process can be difficult and it is better to have a job in hand before leaving one.

  6. I need to fill out a job application explaining my felony conviction for forgery, what do I write?

    Answered 11 months ago.

    1. John M. Cromwell
    2. Eric Edward Rothstein
    3. Dean George Tsourakis
    4. Eric Sanders
    5. Stephen Charles Cooper
    6. ···
    6 lawyer answers

    The best advice on an employment application is to tell the truth. You likely will be asked to confirm the truthfulness of any statements and acknowledge that any false statements or omissions could lead to withdrawal of the offer if one is made or termination if you are employed. Most applications also provide that a conviction is not necessarily a bar to employment. You may be asked to explain the circumstances of the conviction and any mitigating factors, as well as your efforts to change...

    1 lawyer agreed with this answer