Frequently Asked Questions

Read through commonly asked employment, labor, wrongful termination, workers' compensation and work injury related questions / cases

Will I see a lawyer?

I see all my clients personally. Taking an employment case on a contingency (I only get paid if I win which is the only way I take cases) is an important decision. I make the decision my...

Free Initial Consultation.

It costs you nothing to have your case evaluated by Roger Davie. In many cases even if we cannot take your case, we can give you advice on such issues as how to handle your unemployment...

How do I pay an attorney to help me?

Most employment attorneys such as the law firm of Roger Davie P.C. will work on a contingency free basis. This means that you do not owe any fees unless we are successful in recovering mo...

How long have you been practicing law?

I was licensed in Texas in 1985. I was licensed in New Mexico in 1986.

What type of staff helps you with your cases?

As of March 2012 I have three paralegals, one office administrator and a legal assistant. We have a large staff to give you the attention you deserve.

I am in the hospital, will you come see me if I can't come and see you?

Call me and let's talk. I am always willing to go see you in the hospital if you can't see me. I don't like the idea of lawyers stalking clients at hospitals, but in employment related i..

I was injured on the job. Do I need to see a personal injury lawyer or an employment lawyer?

Work Injuries are different than simple personal injury claims. A board certified employment lawyer like Mr. Roger Davie knows the details of employment law and how that affects your inj...

Do you have to pay back your insurance company for the medical bills it paid?

This has been a disputed area of the law for some time. Health Insurance companies generally want to get paid back for the medical bills they paid before your get any money. Unfortunat...

If I sue a third-party do I have to pay back the workers' compensation carrier?

Generally the answer is yes. Texas is a very pro-insurance and pro-insurance Company state and the legislature and the Texas Supreme Court have made it very difficult to not pay back th...

Are hospital employers liable if employees catch a disease

Millions of sick Americans visit health care clinics and hospitals each year, relying on medical professionals to diagnose and treat them. Medical professionals receive extensive trainin...

Should i sign my termination?

Mr. Roger Davie's general advice is to not sign a termination document. If you have been clearly terminated there is little to gain by signing the document. Even though it is a tense mom...

Does my employer have to take me back on light duty after an injury?

This is a question that will depend on the facts of your situation. There are several laws that interact that will affect this answer. Such issues as do you qualify for FMLA benefits? Do...

If I sue a third-party do I have to pay back the workers' compensation carrier?

Generally the answer is yes. Texas is a very pro-insurance and pro-insurance Company state and the legislature and the Texas Supreme Court have made if very difficult to not pay back th...

I am not sure I have a claim for wrongful termination.

There is no charge to see Mr. Roger Davie. You may or may not have a claim but because there are very strict time limits in employment law you should see Mr. Roger Davie as soon as possi...

I have not been fired yet, should I wait until I am fired to see you?

No, if you think you are going to be fired or not promoted or are being discriminated against you should see Mr. Roger Davie as soon as possible. Mr. Roger Davie may be able to give you...

What can I recover in a wrongful termination or work injury case?

No competent lawyer can give you a valuation of your claim until you meet with him personally and go over the facts and damages you have sustained. In fact, valuating a claim is never pr...

Loss prevention is pressuring me to sign a statement.

In Mr. Roger Davie's experience from past cases, if you are accused of stealing from your employer loss prevention employees are very good at scaring you into signing a document that may...

Can i record my employer without their knowledge?

This depends on the state. Texas is what is known as a one party State. What that means is that as long as one party to the conversation knows it is being recorded then it is legal to re...

Will suing my ex-employer make it more difficult for me to find future employment?

This is a fear that many terminated employees are concerned about. My experience is that future employers rarely know that you have a claim. Also, your ex-employer may be much more conce...

I was denied unemployment benefits. Do I still have a claim for wrongful termination?

The denial of unemployment benefits does not usually end your wrongful termination claim. Likewise, the granting of unemployment benefits does not mean that you were wrongfully terminate...

Can I get unemployment benefits if start a new job?

As a general rule once you start working you cannot receive unemployment benefits. The best policy is to call unemployment and let them know about your situation. It is very dangerous to...

Should I resign my job before I am fired?

You can still make a claim for wrongful termination even if you quit your job if you can prove that your job conditions were so bad that no reasonable person would stay and work. However...

Should I go to the EEOC before I come and see you?

No, you should come see me first so that I can advise you on your EEOC claim. The EEOC employees are very good at their jobs but you should always come and see me before you go to the EE...

My employer wants me to sign a severance agreement or a release, what is the effect of doing that?

Never ever sign a severance agreement or a release until it has been reviewed by an employment lawyer. In most cases signing such an agreement can end your claims. These agreements can b...

How do I sign up for Texas Unemployment Benefits?

First you should go to your computer and copy this link into your computer to get this basic information about how to get benefits: http://www.twc.state.tx.us/ui/bnfts/benefits-tutor...

Once I am fired and looking for other employment, what should I put on my application or say why I left my last employment?

This is always a difficult question to answer. On the one hand you want to get re-employed as soon as possible, but if you say that you were fired it might hurt your chances for the job....

I work on a Military Base can I still bring a claim?

If you work for a private contractor on a military base you still have rights to be free of discrimination. However there may be different time limits that pertain to your claim. If you ...

My employer has an arbitration agreement. What does that mean and can I still sue my employer?

Many employers require you to sign an arbitration agreement or have one in their employment manual. As a general rule these agreements require that if you have a claim you must go to a t...

Employer does not have Workers' Compensation. What are my rights?

Texas, unlike most states does not require an employer to have Workers' Compensation. However if they do not have Workers' Compensation you may be able to sue your employer for your inju...

Can I get workers' compensation benefits if I return to work or if I get another job?

This answer depends on the types of workers' compensation payments you are getting. I always advise my clients to let the workers' compensation carrier know that you are working. Being h...

Employer has their own Work Injury or Workers' Compensation Plan but it is not Texas Workers' Compensation. What are my rights?

Many employers do not purchase Texas Workers' Compensation but do have their own health and injury plan. If that is true, you may be able to still sue your employer. It is very important...

My Workers' Compensation Claim was denied what can I do?

Call Mr. Roger Davie, if he may be able to advise you on what steps to take to preserve your workers' compensation claim. If Mr. Roger Davie cannot help you he may be able to refer you t...

I am an independent contractor. What are my rights if I am injured on the job?

If you are really an independent contractor then you can still sue the company or person you work for if you can prove that they were negligent for causing your injury. If you were not r...

How does Workers' Compensation affect my rights?

In Texas and New Mexico if your employer does carry Workers' Compensation then you can usually not sue your employer for your injuries. Your sole remedy is workers' compensation. Even if...

Can I get unemployment benefits and workers' compensation at the same time?

This would depend on the type of workers' compensation benefits you are getting. The most important thing is to be open and honest with unemployment and workers' compensation. Call them ...

Do you have to pay back your insurance company for the medical bills it paid?

This has been a disputed area of the law for some time. Health insurance companies generally want to get paid back for the medical bills they paid before your get any money. Unfortunat...

Scroll to Top