Texas Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Broker Fraud
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Other
- Patents
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Trademark
- White Collar Crime
- Wrongful Death
Texas Questions & Answers
Q: My 18 year old son got his 15 year old girlfriend pregnant. they are 3 years and 2 months apart. Can he get in trouble?
Terrence H Thorgaard's answer
He certainly could get in trouble. Her parents would not be the ones to file criminal charges; the state would.
He certainly could get in trouble. Her parents would not be the ones to file criminal charges; the state would.
Q: If a 17 year old had intercores with a 14 year old while he was 16, what would happen?
Terrence H Thorgaard's answer
" ... The age of consent in Texas is 18 under section 43.25(b) of title 9,[89] with a two-year close-in-age exception. ..."
Thus it is possible that the older one could be prosecuted See https://en.wikipedia.org/wiki/Ages_of_consent_in_the_United_States#Texas
" ... The age of consent in Texas is 18 under section 43.25(b) of title 9,[89] with a two-year close-in-age exception. ..."
Thus it is possible that the older one could be prosecuted See https://en.wikipedia.org/wiki/Ages_of_consent_in_the_United_States#Texas
Q: Owner of Media Marketing company died (apparently) & his friend claims to b partner in business & is making demand
Anton Pal Montano's answer
Sorry about your situation. You may want to consult with an attorney to discuss all of the facts in your case. Based on the information you provided, it appears that your business contract was with the media marketing business and not with the "dead" partner individually. Thus, a big issue is whether the "friend" has actual authority to act on behalf of the business. It would be good to know more information about the media marketing business and the "friend's" role with the business to...
Sorry about your situation. You may want to consult with an attorney to discuss all of the facts in your case. Based on the information you provided, it appears that your business contract was with the media marketing business and not with the "dead" partner individually. Thus, a big issue is whether the "friend" has actual authority to act on behalf of the business. It would be good to know more information about the media marketing business and the "friend's" role with the business to...
Q: If i sell a property to finance a new residence how are taxes applied?
Anton Pal Montano's answer
Thank you for your question. Assuming that your property is not part of real estate "inventory" and that you are not a dealer in real estate, it appears that your property would be subject to a federal capital gains tax if you are able to sell it for a profit or more than your basis in the property. Because you have held the property for more than 1 year, it appears you would be subject to a long term capital gains tax rate. The long-term rate is more favorable than the short term capital...
Thank you for your question. Assuming that your property is not part of real estate "inventory" and that you are not a dealer in real estate, it appears that your property would be subject to a federal capital gains tax if you are able to sell it for a profit or more than your basis in the property. Because you have held the property for more than 1 year, it appears you would be subject to a long term capital gains tax rate. The long-term rate is more favorable than the short term capital...
Q: More Workload and not compensated
Anton Pal Montano's answer
Thanks for your question. It is difficult to give an accurate assessment of your situation without knowing additional facts. However, from your question, it sounds like you may be working outside the U.S. and it is possible that there are other laws in your jurisdiction that would apply to your situation. I would not be qualified to answer questions about laws in a foreign jurisdiction. On the other hand, certain US laws (e.g., the ADEA (the Age Discrimination in Employment Act)) will apply...
Thanks for your question. It is difficult to give an accurate assessment of your situation without knowing additional facts. However, from your question, it sounds like you may be working outside the U.S. and it is possible that there are other laws in your jurisdiction that would apply to your situation. I would not be qualified to answer questions about laws in a foreign jurisdiction. On the other hand, certain US laws (e.g., the ADEA (the Age Discrimination in Employment Act)) will apply...
Q: My boss clearly favors young people. HR claims that he cannot discriminate because he is 74 himself. Is this true?
1 Answer
| Asked
in
Other, Employment Discrimination and Employment Law
for
Texas
on
Answered on Mar 25, 2016
Answered on Mar 25, 2016
Marshall Jason Ray's answer
Laws prohibiting workplace discrimination do not provide an immunity to a person who discriminates against a class to which the person belongs. Under Federal laws, typically only the employer can be sued for illegal discrimination, not individuals acting on the employer's behalf. Many state laws, however, allow for the individuals (such as supervisors) to be sued for violating the State's anti-discrimination laws. Those individuals are not off the hook for illegal discrimination just because...
Laws prohibiting workplace discrimination do not provide an immunity to a person who discriminates against a class to which the person belongs. Under Federal laws, typically only the employer can be sued for illegal discrimination, not individuals acting on the employer's behalf. Many state laws, however, allow for the individuals (such as supervisors) to be sued for violating the State's anti-discrimination laws. Those individuals are not off the hook for illegal discrimination just because...
Q: Does travelling to US on H4 dependent visa while the H1B petition approval process is ongoing is crates any problem?
Shan Dimitris Potts' answer
What kind of H1B petition is pending? Is it an amendment? Extension? Transfer?
What kind of H1B petition is pending? Is it an amendment? Extension? Transfer?
Q: Can 14 year old that just turn 15 can date a 21 year old & having the parents permission
Roy Lee Warren's answer
Date? Perhaps. But the "Romeo and Juliet" laws (sex with minor) in the State of Texas requires an age gap no greater than 3 years. Stay away from that situation because it can put a stink on you that will never come off.
Date? Perhaps. But the "Romeo and Juliet" laws (sex with minor) in the State of Texas requires an age gap no greater than 3 years. Stay away from that situation because it can put a stink on you that will never come off.
Q: With a misdemeanor BOB in Texas and a simple assault misd. in Tenessee, no guns in charges, can i own a firearm?
Roy Lee Warren's answer
Yes, but if the charges involved "family violence" there may be restrictions on exactly when you can possess a firearm. Even if you were charged with a STF, but plead to differed adjudication probation, you could still possess a firearm in Texas. Good luck.
Yes, but if the charges involved "family violence" there may be restrictions on exactly when you can possess a firearm. Even if you were charged with a STF, but plead to differed adjudication probation, you could still possess a firearm in Texas. Good luck.
Q: With a misdemeanor BOB in Texas and a simple assault misd. in Tenessee, no guns in charges, can i own a firearm?
Roy Lee Warren's answer
Yes, but if the charges involved "family violence" there may be restrictions on exactly when you can possess a firearm. Even if you were charged with a STF, but plead to differed adjudication probation, you could still possess a firearm in Texas. Good luck.
Yes, but if the charges involved "family violence" there may be restrictions on exactly when you can possess a firearm. Even if you were charged with a STF, but plead to differed adjudication probation, you could still possess a firearm in Texas. Good luck.
Q: If HEB has accused me of shoplifting and I plead "not guilty" what will be the next step in court?
Roy Lee Warren's answer
Let me start by saying I am sorry for your troubles. The best defense is a good offense, agree? Security personnel (that are NOT actually licensed police officers) have no right to "breach the peace" by forcibly detaining a person. If you were forced to remain in captivity (perhaps false imprisonment / unlawful detention) after expressing a desire to leave you may have a civil action for violation of your rights. In addition if there was a breach of the peace (you expressed a clear desire to...
Let me start by saying I am sorry for your troubles. The best defense is a good offense, agree? Security personnel (that are NOT actually licensed police officers) have no right to "breach the peace" by forcibly detaining a person. If you were forced to remain in captivity (perhaps false imprisonment / unlawful detention) after expressing a desire to leave you may have a civil action for violation of your rights. In addition if there was a breach of the peace (you expressed a clear desire to...
Q: My employer did not report my injury to workman's comp.... instead he is paying the bills. Is this legal?
Roy Lee Warren's answer
Whether its legal it is improper. All injuries reported to the employer, (even if the IW begs the employer not to file a report) are required to be reported to the IC and DWC. It is the employer's duty to file the written report concerning the injury or it loses valuable rights and it can be held liable for the claim. However there are instances I have seen where the employer will pay for initial benefits but it gets reimbursed from the IC for its payments. Another situation that may motivate...
Whether its legal it is improper. All injuries reported to the employer, (even if the IW begs the employer not to file a report) are required to be reported to the IC and DWC. It is the employer's duty to file the written report concerning the injury or it loses valuable rights and it can be held liable for the claim. However there are instances I have seen where the employer will pay for initial benefits but it gets reimbursed from the IC for its payments. Another situation that may motivate...
Q: How can I find a doctor in TX who will accept WorkComp insurance ?
Roy Lee Warren's answer
Only doctors licensed to practice in Texas may treat workers' compensation injuries and illnesses.
If you are receiving care in another state, the doctor must be licensed in that state.
A list of some doctors who may be willing to treat a workers' compensation injury can be found at the following link: http://www.tdi.state.tx.us/wc/hcprovider/locatedoctor.html (Select the Locate Doctor option from the Main Menu option, choose the type of doctor and/or the geographic location in...
Only doctors licensed to practice in Texas may treat workers' compensation injuries and illnesses.
If you are receiving care in another state, the doctor must be licensed in that state.
A list of some doctors who may be willing to treat a workers' compensation injury can be found at the following link: http://www.tdi.state.tx.us/wc/hcprovider/locatedoctor.html (Select the Locate Doctor option from the Main Menu option, choose the type of doctor and/or the geographic location in...
Q: If an employer restructures a company because of money & converts me to 1099 status, does a previous non compete hold up
Marshall Jason Ray's answer
It is not possible to comment on the scope and applicability of the non-compete agreement without reviewing the actual language. I would like to comment, however, about this notion that you were converted to "1099 status" because of company restructuring. Your conversion to "1099 status" complicates your situation.
There are both federal and state laws that prohibit an employer from misclassifying its workers as contractors if those workers should be treated as employees. In other...
It is not possible to comment on the scope and applicability of the non-compete agreement without reviewing the actual language. I would like to comment, however, about this notion that you were converted to "1099 status" because of company restructuring. Your conversion to "1099 status" complicates your situation.
There are both federal and state laws that prohibit an employer from misclassifying its workers as contractors if those workers should be treated as employees. In other...
Q: I went down a slide at work, broke leg, was asked if i was supposed to be doing this and i said no. now its horseplay.
Roy Lee Warren's answer
NO! I disagree, that's not "horse play". Have you hired an attorney? If not I strongly suggest you do so. If the BRC results in a CCH being set, the issues that will be decided at the CCH, are framed at the BRC. Having a skilled professional helping you with the wording of the issues to be decided at the CCH is critical. When you are at the BRC, look around the room. EVERYONE there makes a living on WC, EXCEPT YOU. The BRO, the adjuster, (if present), the lawyers and they all speak a language...
NO! I disagree, that's not "horse play". Have you hired an attorney? If not I strongly suggest you do so. If the BRC results in a CCH being set, the issues that will be decided at the CCH, are framed at the BRC. Having a skilled professional helping you with the wording of the issues to be decided at the CCH is critical. When you are at the BRC, look around the room. EVERYONE there makes a living on WC, EXCEPT YOU. The BRO, the adjuster, (if present), the lawyers and they all speak a language...
Q: How do I find a doctor in Texas who will accept Worker Comp insurance ? I am 100% covered for all injuries !
Roy Lee Warren's answer
Sorry for your troubles. The DWC office can give you names of medical providers accepting WC case. As well you can go to the DWC website the the section concerning providers and find a qualified doctor. However, if your employer is in one of those $%#@*& networks you may be required to select a provider from their network. Not sure why your lawyer believes it would be "unethical" to refer you to a provider. Insurance adjusters hire doctors all the time to scrutinize or dispute injured...
Sorry for your troubles. The DWC office can give you names of medical providers accepting WC case. As well you can go to the DWC website the the section concerning providers and find a qualified doctor. However, if your employer is in one of those $%#@*& networks you may be required to select a provider from their network. Not sure why your lawyer believes it would be "unethical" to refer you to a provider. Insurance adjusters hire doctors all the time to scrutinize or dispute injured...
Q: What is the libaility of a City park abutting residences, if a patron goes into an adjacent backyard to retrieve a ball?
Mr. Michael O. Stevens' answer
The city would basically be like any other neighbor and not responsible for the actions of the patrons who decide to trespass. One could possibly make an argument for dangerous condition of public property (if that is a theory in Texas) since the design seems to be poor if this happens often. AS to injuries, there is no bright-line rule, it would depend on the circumstances of the injury. This is like asking who is at fault when two cars collide; answer, don't know, need specific facts of the...
The city would basically be like any other neighbor and not responsible for the actions of the patrons who decide to trespass. One could possibly make an argument for dangerous condition of public property (if that is a theory in Texas) since the design seems to be poor if this happens often. AS to injuries, there is no bright-line rule, it would depend on the circumstances of the injury. This is like asking who is at fault when two cars collide; answer, don't know, need specific facts of the...
Q: My dad gets $500 a month of child support for me and I live with my grandparents and he gives them none of it
Terrence H Thorgaard's answer
There is really nothing you can do. However your grandparents can sue your father for child support.
There is really nothing you can do. However your grandparents can sue your father for child support.
Q: I earned 38000 in 2014 and 40000 in 2015 8 household memers i want to sponsor 4 of them can I?
Shan Dimitris Potts' answer
You need to go the USCIS website and search for income requirements for filing I-864 and check if your income with your household size allows you to sponsor 4 people. Many immigration attorneys including me offer free consultations, make use of the consultations.
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is only...
You need to go the USCIS website and search for income requirements for filing I-864 and check if your income with your household size allows you to sponsor 4 people. Many immigration attorneys including me offer free consultations, make use of the consultations.
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is only...
Advertisement
Justia Legal Answers is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Legal Answers is not secure and is done so on a non-confidential basis only.
Advertisement
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Legal Answers without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Advertisement
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.