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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 16189
Experience:  Licensed Texas General Practice Attorney
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I am in Texas. I have been employed with this company years.

Customer Question

I am in Texas. I have been employed with this company for 11 years. Now, they are asking me to see my tax return. Do I have to give them a copy of my return.
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no.
JA: Please give me a bit more information, so we can help you best.
Customer: Well, I am a counselor for the State of Texas. I claim my mileage at the end of the year, and my boss is say they will be requesting copies of individual income tax. Do I have to provide them with a copy of my income tax? I do not feel comfortable with this at all.
JA: OK. The Lawyer will need to help you with this. Is there anything else important you think the Lawyer should know?
Customer: no.
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. When you say that you're a counselor for the state of Texas, does that mean that you work for the government?

Customer: replied 1 year ago.
Expert:  ScottyMacEsq replied 1 year ago.

Thank you. The reason that I asked is that Texas is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion.

Now as a governmental employee, you have a bit more rights, in that you have the right to "due process" prior to being terminated. That essentially means that you're given a hearing and explanation of why you'd be terminated, and an opportunity to object. But you can still be terminated. And there's no law that says that your employer can't ask for your tax return. I agree that it's irrelevant and frankly strange that they're doing so, and I would complain higher up the ladder if you can, but if no one overturns this matter, the employer can still require that you do so.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Customer: replied 1 year ago.
no
Expert:  ScottyMacEsq replied 1 year ago.

Again, I don't know why they'd be asking this information. I think that it's none of their business. But the question isn't "should" they be asking, but "can" they ask. And there's nothing that says that they can't ask, or even demand, this information.

Again, I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 1 year ago.

Are you there?

Expert:  ScottyMacEsq replied 1 year ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 1 year ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?