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Ashley Elizabeth Tremain

Ashley Tremain’s Answers

6 total

  • I filed a Title VII Discrimination (Pregnancy) complaint against my employer. I was forced out on leave. Do I need an attorney?

    I am a pregnant cop(only female), and I could no longer fulfill my duties 100%. I was in constant pain. The bullet proof vest was squeezing my stomach and chest area causing back and breast pain and heart palpitations. My heavy duty belt was pushi...

    Ashley’s Answer

    The Supreme Court actually just came out with a ruling on this issue (i.e., whether employers are required to provide accommodations for pregnant employees): See http://www.scotusblog.com/case-files/cases/young-v-united-parcel-service/. In short, the employer is required to accommodate you if it accommodates other, non-pregnant employees who are similar in their inability to work. You may also have a claim under the FMLA, which requires covered employers to provide up to 12 weeks of leave for pregnant employees. Contact me if you want to schedule a consultation.

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  • Constant Polygraphing on me by Police Chief?

    My chief is constantly polygraphing me, even after the outcome of an IA investigation shows that I did take place in any misconduct at all the chief is still requiring me to take a polygraph test. He polygraphs all the time, he simply hears my nam...

    Ashley’s Answer

    There is an Employee Polygraph Protection Act, but there are several exemptions for law enforcement employees. You can read more about it here:

    http://www.dol.gov/whd/regs/compliance/whdfs36.htm

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  • Can i get fired for being pregnant?

    I got hired with a clothing company called Rainbow. I started May 5,2014. I went in 8am. Around 3:15 i asked the general manager that hired me if it would be ok if i can get a chair and sit down for a few minutes. She said why are you sick. I tol...

    Ashley’s Answer

    It is illegal to fire an employee because she is pregnant, under Under the Pregnancy Discrimination Act of 1978 (you cannot be discriminated against "on the basis of pregnancy, childbirth, or related medical conditions," and "women affected by pregnancy....shall be treated the same for all employment-related purposes"), as well as the Texas Labor Code Sec. 21.106.

    More information is needed, however, to determine whether your particular situation falls within the bounds of these laws. You should contact an attorney directly for an opinion on whether you have a case.

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  • Can my employer fire me due to restrictions?

    I was in a car accident a month after starting my job. My doctor said i as able to return to work, but with a weight lifting restriction of 25lbs. because of a back injury. My employer will not let me work because of the restriction, but i am ab...

    Ashley’s Answer

    (1) Generally speaking, an employer cannot terminate you because of your disability. It also must provide you with "reasonable" accommodations if doing so would still allow you to perform the "essential" functions of your job. The employer can refuse to provide you with this accommodation, however, if doing so would "impose an undue hardship on the operation of its business." The Americans with Disabilities Act is a complicated, fact-specific law with many exceptions - you should consult with a local attorney who is experienced and up-to-date on this area of law. You can search for an attorney that specializes in representing employees at: www.mytela.org.

    (2) Your employer cannot force you to resign in lieu of being fired. If you voluntarily resign rather than letting them fire you, it could make it more difficult for you to obtain damages against this employer for wrongful termination. It will also make it difficult for you to obtain unemployment benefits. In Texas, if you voluntarily quit your job, you are not eligible to receive unemployment benefits. There are, of course, some exceptions to this rule, but you will have an uphill battle if you voluntarily resign. On the other hand, having a "resignation" on your resume rather than a "termination" can sometimes make it easier to obtain replacement employment. You should speak with a local attorney about this situation. You can search for an attorney that specializes in representing employees at: www.mytela.org

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  • Looking for Law Firm Employment/UN-Employment Legal Matters

    How can I find a competent Law firm or Lawyer for Employment legal matters in Houston? A List of Lawyers or Law Firms Specializing in Employment Legal matters with initial free consultation would be great! Please Advice!

    Ashley’s Answer

    www.mytela.org

    Search for lawyers in Houston. This is a website listing attorneys in Texas who specialize in representing employees in employment disputes.

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  • I've worked for the same company for over a year in Houston. Can they force me to sign a non-compete agreement now?

    To put a twist on this ordeal, I just returned from a WC injury a month ago and am expected to have restrictions until mid-September. I was told today that I will have the agreement to sign tomorrow. If I don't sign it, they will not allow me to w...

    Ashley’s Answer

    Review the Texas Workforce Commission's website for some general information on non-competes: http://www.twc.state.tx.us/news/efte/conflicts_secrets_non_comp_agreements.html. For further analysis of your employment situation, I recommend that you consult with a local employment attorney.

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