Legal Question in Employment Law in Texas

Sending home without cause

I had a back injury and i'm not absolutly sure it was on the job, I had a conversation with someone about how the injury could have been triger'd which occured on steps going to a lower bay which were broken with his Knowlege in a lube shop but that i could'nt be sure about it and in any case had no intention of filing a claim without being absolutly sure that it happened on the job. This story was told to the owner who at that time knew i had the injury and that i was working after i saw a chiropractor about it for the next 3 days. Upon the 3rd day he came into work in a huff and told me at miday (12 noon ) and said clock out and don't come back untill i had a Doctor's release. This all took place on a Saturday and since then i not only lost half days work it is now Monday and i was told that i would have to see him tomorrow ( Tuesday ) and now have lost another days wages ... Can he do this even though i had been working without the realease and also does he have to pay me the lost wages. and also can he fire me due to that rumore started that i may try and screw him on the injury even though i had no intention of doing so.


Asked on 6/17/03, 12:35 am

1 Answer from Attorneys
Trang Tran Tran Law Firm L.L.P.

Re: Sending home without cause

Q#1: Yes. Q#2: Depends if you have paid sick time/ comp time/ or vacation time that you can use. Q#3: If there is Workers Compensation coverage, then the employer is prohibited by the Texas Labor code for retaliating (by firing) an employee who has been hurt on the job and is in the process of applying for Workers Comp or has retained an attorney to file the claim. If the employer does not have Workers Compensation Insurance, they are liable for any personal injuries that the employees incurred due to the employer's negligence.

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Answered on 6/17/03, 12:44 am


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