Texas Employment Legal Questions

Yes, in GA, an employer may fire you for anything, so long as they are not motivated by Race, Age, Sex, National Origin, Religion, Handicap Georgia recognizes the doctrine of employment at will. Employment at will means that in the absence of a written contract of employment for a defined duration, an employer can terminate an employee for good cause, bad cause, a mistaken cause, or no cause at all, so long as it is not an illegal cause.... Read More

Yes, in Georgia, an employer may fire you for this, or for anything, so long as they are not motivated by Race, Age, Sex, National Origin, Religion, Handicap Georgia recognizes the doctrine of employment at will. Employment at will means that in the absence of a written contract of employment for a defined duration, an employer can terminate an employee for good cause, bad cause, a mistaken cause, or no cause at all, so long as it is not an illegal cause.... Read More

Mr. Schuessler,   Whether or not your wife is covered under the ADA due to her condition is dependant on various factors or prongs:   For the most part, "Claims alleging disability discrimination in violation of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C.S. § 12101 et seq., are subject to the McDonnell Douglas burden-shifting analysis. In accordance with this familiar standard, to establish a prima facie case under the ADA, a plaintiff must show by a preponderance of the evidence that: (1) his employer is subject to the ADA; (2) he was disabled within the meaning of the ADA; (3) he was otherwise qualified to perform the essential functions of his job, with or without reasonable accommodation; and (4) he suffered adverse employment action because of hisdisability. Generally o be "disabled within the meaning of the ADA a person must be limited in one or more of life's major activities: 'Major life activities' are further defined to include 'caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working."  So it will depend on your wife's exact situation as to whether she is protected under the act. I hope this helps, but I would contact a local TX attorney to help you better.... Read More

Most state unemployment laws provide that you cannot obtain unemployment if you were engaged in "misconduct".  This term includes not just obvious matters such as insubordination, fighting, etc., but applies to actions that are within your control but violate a known policy.  For example, if you are five minutes tardy to work, and your employer warns you that further tardies will result in your termination, and you still come to work late, you will might be denied unemployment because you were warned about the rule and it was within your control to be on time. In your situation, if the rules were clear and you knew that being overdrawn was against BAC rules and you continued to let this occur, you may have a problem.  The fact that you were employed for 3 + years is not relevant.  The only argument you might have is if you can prove that this was done by other employees at least as often as was done by you, and nothing was done to them.  That would prove that while it was a rule, it was not rigidly enforced.  This may allow you to get unemployment.  You can make the same argument if you did this before and nothing was ever said to you, thereby leading you to believe it was not deemed to be a serious violation.  The company would not need to issue you prior written warnings; a verbal warning would suffice to block your unemployment... Read More

Promissory Estoppel and detrimental reliance is generally not available for a "promise of a job" (at least in NY)  Even if you move across the country and you get to NY and there is no job, you most likely cannot use the doctrine.  However, you are in TX and the best thing to do, becuase promissory estoppel is a common law doctrine and different to every state, contact a TX attorney.... Read More

If your case settled, with or without going to court, you are done and compensated for the injury. The employer may fire you for having this injury, your job is not protected, unless you can show that the discharge was instead motivated by Race, Age, Sex, National Origin, Religion, Handicap. Georgia recognizes the doctrine of employment at will. Employment at will means that in the absence of a written contract of employment for a defined duration, an employer can terminate an employee for good cause, bad cause, a mistaken cause, or no cause at all, so long as it is not an illegal cause. Illegal causes are limited in Georgia to the EEOC/Discrimination grounds: Race, Age, Sex, National Origin, Religion, Handicap: If it is not on that list, it is not protected in GA.... Read More

Yes, he may sue the ones that hit him, and he may sue the company. Company is liable for what employees do in these situations. Google this: georgia law respondeat superior You may also swear out criminal warrants and have them arrested for the assault. I suggest you go see an attorney before you do anything.... Read More

Your question implies that you are not a minority, but you want to do this to help the minorities. If so, no, you may not do that. Only the injured party (the minority person) may bring this suit. Any one pursuing an EEOC claim should speak with an attorney that handles these cases. Most do not charge for the initial talk, and get paid only if you win. Mere racail imbalance alone is not discrimination. Companies are not required to be diverse, just do not discriminate.... Read More

Your employer does not have a right to keep your last paycheck on the theory that you owe him money. The proper procedure is for your employer to pay you your wages, and then you pay your employer back. If you do not pay your employer back, your employer can pursue a claim against you in court for the amount you owe. I assume you are in California. If so, your remedy is either before the California Labor Commission or in small claims court. You also may be entitled to penalties for late payment of final wages, pursuant to Labor Code Section 203.... Read More

I do not know the answer to your question. Are you not quibbling over a minor expense. How far is it to the bank and back? You likely are risking your job for pennies. Do you really want to push the point? The employer certainly can discharge you for refusing to drive to the bank. Georgia recognizes the doctrine of employment at will. Employment at will means that in the absence of a written contract of employment for a defined duration, an employer can terminate an employee for good cause, bad cause, a mistaken cause, or no cause at all, so long as it is not an illegal cause.... Read More