I was terminated on 11-11-13 after my employer had to file a workers comp. following a workplace injury on 10/21/13, I was ordered off duty for 48 hours, returned and worked injured two additional days. (10-24-25). On 10/25, I was seen by a TDI ...
I have previously answered your question regarding the applicability of Texas Labor Code §451.001. You now ask about the statute of limitations. There are ways to extend the statute of limitations. They are extremely fact-intensive, and not at all suited to this type of online forum which is intended for broad general discussions. I urge you to quit fiddling around online. Directly consult an experienced labor/employment attorney without further delay. Provide the attorney with all facts and any relevant documents, and allow the attorney to provide you with specific advice on your potential claims and the applicable statutes of limitation. Good luck.See question
I'm just trying to stay out of trouble the best way I can, so I thought get a job at krogers
In addition to the restrictions correctly provided by Mr. Ninomiya, most employers will require written parental consent before hiring anyone under 16. You would be well-advised to get a note from your parents before you apply for this, or any, job. Good luck. I worked in a grocery store (Piggly Wiggly) at the same age. It's a good way to start.See question
I am IT employee of A company working for our client (B Company) at the client location, TX. Client managers working from VA, who assign the work to me. One of our Mangers doesn’t like my work and he discriminate every time. I was working with the...
It's not illegal to be a jerk, or a bad boss. An employer may not discriminate against employees for prohibited reasons (race, gender, national origin, etc.). There is no law, however, which requires an employer to be nice or respectful or smart. Likewise, there is no law which requires an employee to remain in a job they don't like.See question
Personnel from the company told me I had to stay with the company for a year for them to waive the relocation expenses. The contract says two years. The contract also mentions that I should pay back if they fire me or if I quit. I saved them milli...
This is an open, online forum designed for general discussions about broad legal topics. You present a fact-specific narrative, and refer to documents the attorneys here cannot see. It is impossible for any of the attorneys here to give you a coherent response under these circumstances. I urge you to consult, face-to-face with an experienced labor and employment attorney. Provide him/her with the full facts and copies of relevant documentation. Then allow the attorney to give you direct, specific advice.See question
They sent me home on a Wednesday after a misunderstanding. They called me back the following Monday and then they told me I was fired. As far as wages go, should they pay until Monday or Wednesday? I was a salary employee, I was not paid by the h...
If you were a salaried exempt employee, you should be paid through the day you were notified of termination. However, under the Fair Labor Standards Act (“FLSA”), an employer may make certain types of payroll deductions from an employee’s paycheck without the employee’s specific written consent. Permissible deductions include disciplinary deductions (such as “fines” for tardiness, rule violations, or poor work); deductions to cover the cost of items lost or damaged by the employee; and deductions to cover ordinary cash register shortages not caused by some type of misappropriation. For a more complete list of permissible deductions, use this link.
Me and my assistant had a verbal confrontation. Non threatning. She called her boyfriend. He came into the restaurant into the office and assaulted me. My general manager fired me. But didnt fire her. I called police before I was fired. No arrest ...
The employer didn't ask someone to assault you. Unless Pizza Hut knew you were about to be assaulted and did nothing to stop it, that assault is not Pizza Hut's responsibility. Further, Pizza Hut is not required to continue your employment or terminate the other employee just because you had an altercation with a non-employee. Texas is an employment at will state. Typically, unless an employee has an employment contract, or is employed under a collective bargaining agreement through a union, the employer can modify or terminate the employment at any time with or without cause for any non-discriminatory reason. However, an employer generally cannot alter or terminate employment for prohibited discriminatory reasons (such as racial discrimination), or in retaliation for certain protected actions (such as whistle-blowing). The description of the situation which you have provided does not include the elements of prohibited discrimination.
Additionally, employers are not required to treat all employees the same, so long as the disparate treatment is not part of prohibited discrimination or retaliation (as described above).See question
Over the last yr my boss has: took my vacation hrs sicks hrs to balance out hrs for another female staff. I've lost a sec job and recently I had to leave a fully furnished one bed apartment do to his foolishness. And for the second time he has too...
It's difficult to understand this question. You might get more useful responses by clarifying the situation a bit. It appears to me that you are asking about changes in your hours and schedule. In Texas, generally, an employer can alter terms of employment without prior notice. Texas is an employment at will state. Typically, unless an employee has an employment contract, or is employed under a collective bargaining agreement through a union, the employer can modify employment parameters, including schedules, duties, and compensation amount or method (so long as the compensation remains compliant with applicable minimum wage laws) at any time with or without cause for any non-discriminatory reason. However, an employer generally cannot alter employment parameters for prohibited discriminatory reasons (such as racial discrimination), or in retaliation for certain protected actions (such as whistle-blowing). The description of the situation which you have provided does not include the elements of prohibited discrimination. Additionally, employers are not required to treat all employees the same, so long as the disparate treatment is not part of prohibited discrimination or retaliation (as described above).See question
I paid over $300 for a week stay at hotel and it is my second night here I discovered how disgusting the air conditioner is and bed bugs which I am allergic to. At check in I was told if I left before the week was over I would not be able to get a...
This does not appear to be an employment question. I have moved it to Consumer Protection. Hopefully, you will get useful responses there.See question
My Managers scream at me all the time, in front of customers, in front of employees, and I believe its not my fault. I have taken the complaint to the HR, I have taken the complaint to store and assistant managers. and the blaming and screaming do...
It is not illegal to be a jerk, or a bad boss, or a stupid boss. Nor, in this country, is there any such thing as the Harassment Act. I suspect you are trying to ask about hostile work environments. A “hostile work environment” is a legal term of art which applies to a workplace where there is a systematic attempt to harass, threaten, and even endanger one or more employees. A boss who is demanding, inconsiderate, rude, or just a plane old jerk is not, generally, evidence of a hostile work environment. To prove a hostile work environment, the employee must establish that continuing unwelcome comments or conduct based on sex, race, or other legally protected characteristics (such as disabilities), unreasonably interferes with the employee’s work performance, and/or creates an intimidating, hostile, or offensive work environment. Below are two links to web pages which provide information on workplace harassment and hostile work environments. Hopefully the information provided on these web pages will help you evaluate your situation.
If you feel like you are being illegally harassed, you should consult an experienced labor and employment attorney.
I work in a restaurant and I'm a cook. On Saturday 10/15/2016 I had a conversation with my General Manger. We spoke about how I wasn't making enough money and that I needed to move from being a cook to a waiter or bartender. She agreed I was not m...
It does not appear that you have filed any workers' compensation claim. You should contact a workers' compensation attorney to discuss this situation. You can use the "find a lawyer" tool here on Avvo.com to look for workers' compensation attorneys in your area.
In Texas, retaliation against an employee for filing a workers’ compensation claim is prohibited. Texas Labor Code §451.001 provides that:
A person may not discharge or in any other manner discriminate against an employee because the employee has:
(1) filed a workers' compensation claim in good faith;
(2) hired a lawyer to represent the employee in a claim;
(3) instituted or caused to be instituted in good faith a proceeding under [the Workers’ Compensation Act]; or
(4) testified or is about to testify in a proceeding under [the Workers’ Compensation Act].
Anyone who has credible evidence that he/she was fired, or suffered retaliation, as a direct result of having filed for unemployment benefits should consult directly with a an experienced labor/employment attorney. Provide the attorney with all relevant facts and documentation, and allow the attorney to provide specific advice on the alleged retaliation.See question