Martin A. Shellist’s Answers

Martin A. Shellist

Houston Employment / Labor Attorney.

Contributor Level 7
  1. Is a dr note required when an employer calls in sick for one day?

    Answered over 1 year ago.

    1. Martin A. Shellist
    2. Matthew Sercely
    2 lawyer answers

    An employer in Texas can have this policy of requiring a note, but not generally if you stay home due to illness and did not see a doctor. Depending upon the size of the employer, it may have responsibilities under state and federal law for discrimination under the ADAAA (or state counterpart) or FMLA. Call a lawyer for sure.

    1 lawyer agreed with this answer

  2. How do i go about filing sexaul harrasment charges against a judge?

    Answered over 1 year ago.

    1. David C. Holmes
    2. Martin A. Shellist
    3. Kevin Rindler Madison
    4. Brian David Spitz
    4 lawyer answers

    I have sued judges for sexual harassment. See the link below. I am not sure what happened to you qualifies under the laws of official oppression, but you should check it out with counsel. You can also file a judicial complaint.

    1 lawyer agreed with this answer

  3. Does the state of Texas has a discrimination law for not hiring people that who smoke cigarettes?

    Answered over 3 years ago.

    1. Martin A. Shellist
    1 lawyer answer

    No. There are laws which prohibit discrimination on the basis of disability, but an employer can choose not to hire individuals who smoke.

    1 person marked this answer as helpful

  4. My manager is taking money out of her employees checks, what should i do?

    Answered over 2 years ago.

    1. Philip W. Mason
    2. Gary S. Sinclair
    3. Lauren Craig Redmond
    4. Erik Hammarlund
    5. Martin A. Shellist
    5 lawyer answers

    BHere's a good resource for your question. http://resources.lawinfo.com/en/legal-faqs/wage-and-hours/massachusetts/under-what-circumstances-can-a-final-paycheck.html I would also determine whether the manager has any criminal liability for theft. You can contact the DA's office to verify whether this is a good course. the other attorneys all make a good point above regarding the Attorney General.

    2 lawyers agreed with this answer

  5. Can my employer hold my quarterly commission payment?

    Answered over 1 year ago.

    1. David C. Holmes
    2. Martin A. Shellist
    2 lawyer answers

    If there was no agreement to change your compensation, and you were salaried, then I do not believe they can do this. You can hire a lawyer or file a wage claim with the Texas Workforce Commission.

  6. Can I sue target company?

    Answered about 2 years ago.

    1. Martin A. Shellist
    1 lawyer answer

    If you believe you have been subjected to discrimination either due to race, national origin, religion, or sexual harassment, you must first file with the EEOC and/or TWC-CRD. These are called procedural prerequisites to filing a lawsuit. However, for race and national origin, you may be able to file a claim directly in court without the need to go through these administrative processes. That type of claim sis known as a Sec. 1981 claim. I think you need to consult a lawyer and provide more...

  7. Can an restaurant charge a waiter for mis-ordered food? If so, can they charge the "retail" price or only the cost of the food

    Answered about 2 years ago.

    1. Martin A. Shellist
    1 lawyer answer

    The answer is generally "No, a restaurant may not charge you this cost. Similarly, you may not be charged for glass breakage, silverware, etc." In Houston, where I mainly work, there is no state-law counterpart, so we rely upon the federal wage law regarding tipped employees. Best of luck, and take action if you feel your rights have been violated. Martin Shellist

  8. Is my employer able to force me to use PTO time to have a company required physical?

    Answered over 2 years ago.

    1. Steven E. Petrou
    2. Martin A. Shellist
    2 lawyer answers

    I agree with Mr. Petrou. I would also ask how much time you are talking about? A day, a week, or a month. My belief is that the use of the PTO is probably allowable sine it is for your health. But follow the guidelines laid out above.

  9. I'm a broker at an insurance agency. I'm totally self-employeed. The owner has survelance cameras own everyone. Is this legal?

    Answered over 2 years ago.

    1. Martin A. Shellist
    1 lawyer answer

    There are anti-wire tapping laws, and this may apply. I'd look that up with a criminal law attorney, and then circle back to the employment lawyers. There will be privacy rights implicated, as well. Your contract with the employer may also bear upon this discussion. I'd need to know more first. Best of luck.

  10. What questions, an an employer, can I not ask about when hiring?

    Answered over 2 years ago.

    1. Martin A. Shellist
    1 lawyer answer

    I would begin by visiting the EEOC website, as well as the Texas Workforce Commission, for the employer-side resources. You ought to stay away from disability issues, pregnancy issues, and related types of matters. This is pre-offer. After an offer is made, different rules apply. It also depends upon how big your company is. Different laws apply to different size employers. The EEOC, Department of Labor, and Texas Workforce Commission all have resources to guide you on this. I also...