Employment Litigation Attorneys

What is cat’s paw liability in employment discrimination litigation?

Age Discrimination Law, Disability Discrimination Law, Employment Litigation Attorneys, Racial Discrimination Law, Religious Discrimination Law, Retaliation Law, Sex Discrimination Law

Cat’s paw liability is the theory that when upper management elects disciplinary action, including terminations, based upon information provided by a lower level of management where the lower level manager took provided the information based on discriminatory animus, the discriminatory animus is inferred on upper management. Managers cannot use human resource procedures to discriminate in […]

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Nothing is private on the internet–Texas employment lawyer

Divorce Law, Employment Litigation Attorneys

Once upon a time the internet was a shady place because everybody was anonymous. Personal email accounts were usually something like Awesomeblossom43598@aol.com and most interactions online came through similar pseudonyms. Then came social media (Friendster, followed by MySpace) and people realized the need for more professional private email accounts led to people self-identifying themselves online

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Employment discrimination still a widespread problem in Texas

Age Discrimination Law, Disability Discrimination Law, Employment Litigation Attorneys, Racial Discrimination Law, Religious Discrimination Law, Retaliation Law, Sex Discrimination Law

The Equal Employment Opportunity Commission (EEOC), responsible for regulating against employment discrimination, reported several key cases in July 2013. EEOC’s reports discrimination in multiple forms, including: racial discrimination; sex discrimination; disability discrimination; religious discrimination; and age discrimination. Pro-employer groups continue to assert decreasing employment discrimination; but the ongoing anti-discrimination work of the EEOC and Texas

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Should I be concerned about 401k fees?

1 Comment / Employment Benefits Law, Employment Litigation Attorneys, Retirement Plan/401k/Pension

401k fees have come into focus as one of many ways the financial services industry leeches money from the investors. That focus turned into litigation by participants against their plans (and plan service providers). Eventually the Department of Labor instituted fee disclosure rules that require plan service providers to break down fees charged to the

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If I serve in the military what rights do I have to my civilian job?

Employee rights lawyer, Employment Litigation Attorneys, Retaliation Law

In 1994, following the first war with Iraq, the federal government enacted the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) to protect the civilian jobs of uniformed service members. The purpose of this law is to protect service members who perform both short term service, such as reservists who commit a weekend

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For what reasons can I be fired during my first 90 days in Texas?

Employee rights lawyer, Employment Litigation Attorneys, Wrongful Termination Law

It is extremely common for employers to establish the first thirty, sixty, or ninety days as a probationary period. Employers do this to set the expectation that they are “test driving” an employee. Although employers can terminate employees (at least non-union employees or those who do not work under an employment contract) any time, companies have

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Ramsay, Masterchef, Tipped Employees, Sexual Harassment…What’s Going On?

1 Comment / Employment Litigation Attorneys, Wage & Hour Lawyers

This year’s Masterchef season is plagued with allegations of sexual harassment by a few female contestants, including one actress and former Playboy model. We don’t know much about the details of the allegations. All contestants are under contract with Fox not to discuss what happens behind the scenes. I suspect these allegations will turn into a

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Can my employer violate the employment handbook under Texas employment law?

Employee rights lawyer, Employment Litigation Attorneys, Wrongful Termination Law

Generally yes, the employer is not bound to follow its handbook. An employment handbook can be an employment contract that requires the employer to follow the procedures and rules. In almost every handbook there is a disclaimer that it does not create an employment contract. The employer is free to change the terms at its own discretion.

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7 Tips for Employers to Prevent Employment Suits (updated 2022)

Employment Litigation Attorneys, Wrongful Termination Law

Lead by example. Employees treat the workplace and each other the way management treats the workplace and their employees. If you set low standards, your employees will set low standards. If you leave early every day, your employees won’t feel like they have to work a full day, either. However, if your employees see you

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What is an Summary Plan Description?

Employee rights lawyer, Employment Benefits Law, Employment Litigation Attorneys, Retirement Plan/401k/Pension

Are you aware of the Summary Plan Description (SPD)? If you are an employee or a plan participant in a retirement or health plan, you should be familiar with this document. An SPD provides important information about the benefits, rules, and procedures of a retirement or health plan. In this article, we will discuss what

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What employment records should I keep?

Employee rights lawyer, Employment Litigation Attorneys, Hiring & Promotion, Wrongful Termination Law

Ideally everything. Employment agreements, new hire paperwork, benefit plan descriptions, paystubs, corrective action notices, company newsletters, HR manuals, department manuals, emails relating to any of the above documents and anything else you might receive. Although a lot of these documents can be uncovered during litigation from your employer, it can be extremely important to have

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Is Texas an At-Will Employment State? Dallas employment lawyer discusses

Employee rights lawyer, Employment Litigation Attorneys, Hiring & Promotion, Wage & Hour Lawyers

Yes, Texas is an at-will state. At-will employment suggests that an employer and employee have equally bargained for the exchange of labor (from the employee) and payment of wages (from the employer) and freely engage in that transaction without the existence of an employment contract. This means that an employer may fire an employee for

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Texas employment attorney explains what is FMLA

2 Comments / Employee rights lawyer, Employment Benefits Law, Employment Litigation Attorneys

FMLA is the Family and Medical Leave Act, a federal law that provides certain employees leave protections. FMLA provides twelve weeks of leave in a twelve month period. The twelve month period can be a fixed twelve month period, such as the calendar year, or a rolling twelve month period so the beginning of an

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Can my employer prohibit workplace relationships in Texas? Sexual harassment lawyer answers

Employee rights lawyer, Employment Litigation Attorneys, Wrongful Termination Law

Sure. Employers in Fort Worth and Dallas generally can prohibit amorous and sexual relationships between coworkers. It is extremely common for employers to prohibit workplace relationships in some form or another. Most companies establish these policies to deter sexual harassment, maintain professionalism and prevent unfair treatment (either favorable or unfavorable). These policies are also enforced to various

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Can my employer monitor my emails? Phone calls? Texts? Computer activity? Website history?

Employee rights lawyer, Employment Litigation Attorneys

Generally yes. In Fort Worth and Dallas your employer pays for your time and pays for the resources you use at the office (that they own). As a result, employment laws afford private employers wide latitude in what they can record, monitor, read, copy, etc. That said, employers often do have valid reasons. There are very

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Kitchen Nightmares Season Finale and Tipped Employees

Employee rights lawyer, Employment Litigation Attorneys, Wage & Hour Lawyers

Last night Gordon Ramsay’s Kitchen Nightmares ended its season with a visit to the Arizona restaurant Amy’s Baking Company. For the first time, he walked away from the restaurant without making any changes or improvements to the restaurant. (The owners seemed to also think this was for the best.) The restaurant suffered criticism online pointed at the

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