Beaumont Employment / Labor Attorney.
Since you want to keep the job for insurance, you should provide the report. If you don't provide the report, your employer would be permitted to terminate your employment for insubordination. As far as what information to include in the report, it sounds as if the accident was unavoidable or caused by rain. You should probably point that out in your report. With respect to whether you would have a case if your employment is terminated, the answer is probably not. Texas is an at-will...
2 people marked this answer as helpful
You can always request a copy of your personnel file from your previous employer. However, your previous employers have no legal obligation to allow you to look at it, unless you are a governmental employee.
1 person marked this answer as helpful
Defining how much is too much is not a precise science. If you are being berated at work, the employer probably is not violating any laws, as long as the berating is not based on age, gender, race, skin color, national origin, or disability. However, if the conduct is extreme and outrageous--which is very rare and very difficult to prove--your employer may be violating the law. In general, using foul language is not severe or outrageous. However, if your employer ever strikes you or...
In general, there is no limit to the number of days in a row that your employer can ask you to work. However, depending on whether you are an exempt employee, you may be entitled to overtime pay for all hours worked in excess of forty hours per week.
Texas is an at-will employment state, and that means your employer may terminate you for any reason, as long as it is not discriminatory or retaliatory. Based on the facts you gave, you do not have a claim against your employer because you were not discriminated against on the basis of your age, gender, skin color or heritage, or a disability.
The proposed transfer appears to be a demotion. If you are, in fact, transferred and have your responsibilities and management authorities reduced, you may have a retaliation claim. The success of your retaliation claim will likely depend on the connection between your report of discrimination (telling HR about racial comments) and the transfer. As a practical matter, the fact that the transfer will come more than 1.5 years after the report of discrimination weighs against you. However,...
Your situation is not uncommon. However, it is very difficult to get past these agreements. In a technical sense, your employer and their competitors are probably imposing an unlawful restraint on trade. As a practical matter, they probably do not have any written agreement not to hire each others' employees, and it would be extremely difficult to prove that such an agreement exists if you tried. To make matters worse, if you attempt to bring their agreement to light in a lawsuit, you...
In general, the Fair Labor Standards Act ("FLSA") requires an employer to pay an employee for all time worked. You do not necessarily have to be paid for the time you spend "on call." In other words, the time you are at home or doing your own thing is not time spent working. However, once you take the call, and you begin working for the employer, that employer is obligated to pay you for that time. As a practical matter, if you receive one day's pay for being on call and that one day'...
The Fair Labor Standards Act (FLSA) prohibits deductions from employee pay for cash shortages, unless the shortage results from theft or misappropriation. On the other hand, an employer may write-up employees for any reason it chooses, and a Texas employer may generally fire an employee for any reason (at-will employment). In your situation, there is no way to avoid being written-up if there is a shortage. Further, if there is a shortage that leads to your termination, you cannot...
Determining whether it was discrimination depends on several facts. For example, if your employer believed you performed poorly (regardless of whether you did or not), the fight may have justified your termination due to additional problems but not justified the termination of the other employee if he didn't have additional problems. Additionally, you mentioned that you were the first to strike. This also could be grounds that justified your termination, but not the other employee's...
