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2 Answers | Asked in Civil Rights and Employment Law for Texas on
Q: Was my termination wrongful and is my crossed-out signature void?

I was fired after reporting racial slurs made by an employee and after calling the cops on my manager for assaulting me. Despite never having been formally counseled before my termination, they claimed I had agreed to performance reviews. When I was fired, I signed a paper but immediately crossed... View More

John Michael Frick
John Michael Frick
answered on Jun 11, 2025

Whether your termination was wrongful will depend upon the facts as determined by the trier of fact, a judge or jury, considering all of the evidence introduced at trial. Evidence that you properly reported racial slurs made by an employee in close proximity to the time you were fired raises a... View More

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2 Answers | Asked in Contracts and Employment Law for Texas on
Q: Can my contracting company enforce minimum weekly hours as an independent contractor?

I have been working as an independent contractor for a company for over five years, renewing my contract every six months. My contract states that I can control my own schedule and decide how much time to devote to services. However, the company recently emailed me stating that I must work a... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2025

You should contact the company that hired you as an independent contractor and let them know that your agreement with them allows you to control your own schedule and decide how much time to devote to servicing them. If you have other clients who also hire you as a contractor, it may be time to... View More

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2 Answers | Asked in Animal / Dog Law and Civil Litigation for Texas on
Q: Do I have to pay the neighbor's horse medical bills after it kicked through the fence?

I live in a rural area without leash laws, and my dog approached a neighbor's fence where their horse was. The horse kicked through the fence, injuring itself. My dog was unharmed. The neighbor asked me to pay the full medical bills for the horse, but I offered to pay half. There are no local... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2025

It depends on whether you took reasonable care to control your dog. If you are negligent in failing to control your pet, you can be legally liable for any harm it causes. When there is a leash law or local ordinance, it can be per se negligence as a matter of law if you do not comply with that... View More

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3 Answers | Asked in Appeals / Appellate Law, Child Support, Employment Law and Family Law for Texas on
Q: How can I appeal a child support decision not considering late discovery documents and VA disability?

I am incarcerated and facing child support arrears issues. My attorney informed me on 4/21/25 that my discovery was due by 4/28/25. I sent the required documents by 4/25/25, but my attorney failed to find the email and only tried to submit them on the hearing day. The court didn't allow it,... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2025

Evidence like your VA disability and financial situation should have been considered in the proceeding determining the amount of child support you were ordered to pay. If that changed in your favor after the child support order was entered, it was incumbent on you to promptly file a motion to... View More

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2 Answers | Asked in Consumer Law, Lemon Law and Contracts for Texas on
Q: Do I have a case with Autonation for undisclosed car repairs?

I purchased a used car from Autonation and bought a warranty through Veratas, which covers up to $10,000. Six months later, I've discovered it requires three times its worth in repairs, including major transmission issues, despite assurances from the salesman that the car had passed a 50-point... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2025

Maybe if the sale was not "as-is." Take you sale documents, your warranty documents, repair receipts, and any outstanding repair estimates to an attorney who practices in the area of consumer law in or near the county where you purchased the car. Most will provide an initial... View More

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2 Answers | Asked in Criminal Law and Personal Injury for Texas on
Q: Can I be arrested for egging a car and garage door causing paint chipping?

I am concerned about being arrested after someone indicated they intend to press charges against me for egging their car and garage door, which resulted in paint chipping. This incident happened the same night I was involved in another similar act. There has been no direct contact with law... View More

John Michael Frick
John Michael Frick
answered on Jun 9, 2025

This is a classic vandalism case. You can be charged with criminal mischief. The "class" of your offense would be determined by the dollar cost to properly repair the damage. If it is between $100 and $750, it would be a Class B misdemeanor.

If this is your first offense, you...
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2 Answers | Asked in Real Estate Law, Contracts and Civil Litigation for Texas on
Q: Obligations after pool epoxy peeling in home sale agreement.

I sold a home in December and included in the purchase agreement was a condition that I, as the seller, would paint/epoxy the pool at my own expense. Due to weather conditions, it was agreed that I would complete this task after the escrow closed and the weather improved. I recently hired a painter... View More

John Michael Frick
John Michael Frick
answered on Jun 9, 2025

You should contact the painter and demand that he cure the work. If he refuses to do so, you should hire another painter to remedy the situation, pay that painter, and then sue the first painter you hired for the remedial work.

As a construction litigation attorney who has represented...
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Q: Wrongful conviction appeal for Medicare Fraud in Texas.

My father is serving a ten-year sentence in Federal State Prison after being wrongfully convicted of Medicare Fraud in Houston, TX. The case involved multiple individuals responsible for billing. Despite no new evidence, my father filed an appeal, which was dismissed by the judge for allegedly... View More

John Michael Frick
John Michael Frick
answered on Jun 9, 2025

Your father needs to hire an attorney licensed to practice before the Fifth Circuit who handles criminal appeals. That attorney will evaluate the procedural facts to determine whether his appeal was timely. Your father has 14 days to file a petition for panel rehearing from the date of entry of... View More

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2 Answers | Asked in Contracts and Civil Litigation for Texas on
Q: How to address unexpected factoring clause in a contract?

On February 17, 2025, I signed a contract that was intended to be solely a fuel contract, but I later discovered that factoring was included without prior discussion. Recently, Fleetsmart contacted me, stating that factoring with them is the only option. I've tried to get released from this... View More

John Michael Frick
John Michael Frick
answered on Jun 6, 2025

If the written contract you signed contains factoring, a lawyer needs to review that entire contract to determine what it says about terminating the contract. Another alternative may be to negotiate a release from Fleetsmart which may require a payment of some kind by you to secure the release.... View More

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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: Duration for criminal appeal process in the Fifth Circuit.

I would like to know how long it generally takes for a criminal appeal to be processed in the U.S. Court of Appeals for the Fifth Circuit. The case was filed on November 9, 2023. Are there any specific factors that might influence the timeline for this appeal?

John Michael Frick
John Michael Frick
answered on Jun 6, 2025

The median time for the disposition of a criminal appeal from the date of the filing of the notice of appeal to the rendition of a final disposition decision by the Fifth Circuit is 10-11 months.

Delays in filing the clerk's record, the court reporter's transcript(s), or the...
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2 Answers | Asked in Landlord - Tenant, Personal Injury and Real Estate Law for Texas on
Q: Can I sue my landlord in Texas for negligence due to a persistent roach infestation and health concerns?

I'm living in a rental unit in Waco, Texas and have been dealing with a persistent roach infestation for about a year, despite repeated complaints to my landlord. They send pest control, but it hasn't solved the issue. I've resorted to using extensive roach poisons, and I'm... View More

John Michael Frick
John Michael Frick
answered on Jun 6, 2025

Chapter 93 of the Texas Property Code provides a very detailed procedure for what is often called a tenant's "repair and deduct" remedy. When a landlord fails to maintain or repair the leased premises in accordance with its legal or contractual obligation, a tenant must give written... View More

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3 Answers | Asked in Health Care Law, Civil Litigation and Personal Injury for Texas on
Q: Failed drug test at pain management doctor, denied hair follicle test, medication stopped affecting work.

I have been seeing a pain management doctor for 12 years and recently failed a drug test for substances I do not use. I offered to pay for a hair follicle test to prove my innocence, but my request was denied. Additionally, urine samples at the clinic are left piling up in the restroom where... View More

John Michael Frick
John Michael Frick
answered on Jun 6, 2025

You can change doctors, but any doctor is going to be very cautious about continuing a prescription for certain scheduled pain medications, especially opioids, after 12 years. It is extremely rare that the benefits of long-term opioid use outweighs the problematic side effects. Many doctors are... View More

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2 Answers | Asked in Consumer Law and Contracts for Texas on
Q: Dealership delay led to rental fees; how to recover costs?

I experienced a delay of over 15 days caused by a dealership while waiting for a repair covered by my extended warranty. During this period, I incurred rental fees due to the dealership's actions. However, the dealership is denying responsibility for the delay, and my extended warranty does... View More

John Michael Frick
John Michael Frick
answered on Jun 5, 2025

The answer to this question depends upon facts not included in your question. The extended warranty might include a rental reimbursement provision. How to make a claim for rental reimbursement and how much is covered depends upon the language of the provision. This is the legal responsibility of... View More

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2 Answers | Asked in Collections and Civil Litigation for Texas on
Q: What to do when being sued for a $3,000 loan from 4 years ago?

I received a form indicating that I am being sued by a debtor for a $3,000 loan from four years ago. There were previous communications about the debt, but I haven't spoken to a lawyer yet, and I'm unsure about court dates. What steps should I take next?

John Michael Frick
John Michael Frick
answered on Jun 5, 2025

Take the form you received to a lawyer as soon as possible. If the form is a citation for a lawsuit, you only have about 20 days to file a written answer. Do not wait. When scheduling an appointment with a lawyer, make sure you let the person setting the appointment know that you have received... View More

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2 Answers | Asked in Criminal Law, Contracts, Car Accidents and Personal Injury for Texas on
Q: Charged with unauthorized use after buying a stolen truck with bill of sale.

I bought a truck through one of my mom's friends and received a bill of sale, but not the title. I was unaware of any title issues or that the truck was stolen. I then wrecked the truck and now I'm facing charges for unauthorized use of a vehicle. I have a bill of sale, and I... View More

John Michael Frick
John Michael Frick
answered on Jun 5, 2025

IMO the testimony of your mom's friend will be critical. Your attorney will want to ensure that the friend does not have a criminal record and will corroborate that he was the seller, or facilitated the sale by the seller and had no reason to believe that seller was not the owner of the... View More

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2 Answers | Asked in Consumer Law and Lemon Law for Texas on
Q: Can I address issues with my 2019 Dodge Charger bought "as is"? Dealership didn't disclose issues.

I purchased a 2019 Dodge Charger from a dealership. Initially, I was informed the price was $19,000, so I offered $12,000 cash. Eventually, I paid $12,503. Shortly after driving about 30 miles, the check engine light came on. I later found that the vehicle was listed online for $12,995. The car has... View More

John Michael Frick
John Michael Frick
answered on Jun 5, 2025

The lemon law only applies to new vehicles.

When a person buys a vehicle "as-is", the buyer is are accepting the vehicle in whatever condition it is in with all defects, known or unknown, and acknowledging that they alone are responsible for inspecting the vehicle to ensure it...
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2 Answers | Asked in Real Estate Law for Texas on
Q: How to file a claim for property ownership in Texas?

I have lived on my grandmother's property for 25 years, and the taxes are in my name. I'm a 100% disabled Vietnam veteran. How do I file a claim to establish legal ownership of the property?

John Michael Frick
John Michael Frick
answered on Jun 5, 2025

You need to get your grandmother to sign a deed granting you the property. If your grandmother is dead, you need to get the probate records from the probate of your grandmother's estate establishing that you are the sole heir of the property. If you are not your grandmother's sole heir,... View More

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2 Answers | Asked in Consumer Law, Insurance Defense and Insurance Bad Faith for Texas on
Q: How can I ensure insurance covers accident if daughter excluded as driver?

My daughter, who doesn't live with me, was driving my car and rear-ended another vehicle. Although no ticket was issued, the police report found her at fault. She has a valid Texas driver's license under her mother's address. I have full coverage insurance on the car; however, my... View More

John Michael Frick
John Michael Frick
answered on Jun 5, 2025

You need to gather together your policy documents and communications with your insurance agent to verify that your daughter was not designated as an "excluded driver" at the time of the accident.

Then contact an attorney who practices in the area of insurance coverage litigation...
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2 Answers | Asked in Divorce and Family Law for Texas on
Q: How to get pro bono help for divorce and asset division in Texas?

My husband filed for divorce on July 1, 2024, but I have not yet been served any legal papers. Since I cannot afford an attorney at this moment, how might I find help either pro bono or through payment plans? My main concern is the division of community property, as my husband believes I am not... View More

John Michael Frick
John Michael Frick
answered on Jun 4, 2025

Most lawyers only provide pro bono legal services through legal aid clinics. Such clinics have staff who can effectively screen applicants for indigency. The rules of procedure contain a provision which allows clients of legal aid clinics to be excused from paying court costs. Most legal aid... View More

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2 Answers | Asked in Construction Law, Contracts and Real Estate Law for Texas on
Q: Can a supplier place a lien on my property in Texas if the contractor fails to pay?

I have a written contract with a contractor regarding price and timeline. Despite having paid the contractor over a year ago, a building supplier is threatening to place a lien on my property unless I pay them. I have no contract clauses about payment disputes and no written correspondence from the... View More

John Michael Frick
John Michael Frick
answered on Jun 4, 2025

It depends on facts not mentioned in your question, but probably not given the timing issue involved. But there are lots of facts which need to be explored. The last date the supplier provided material to the project is an important detail. Whether you withheld the statutory retainage required... View More

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