Retaliation Attorneys

EEOC employment lawyers busy this month on employment discrimination (2017)

EEOC lawyers have had a busy September starting and settling employment discrimination lawsuits. The EEOC accepts charges of employment discrimination in Fort Worth and Dallas at the Dallas, Texas office. Employment lawyers in Texas represent employees in these types of employment discrimination lawsuits. The following is just the listing of the EEOC activity reported in …

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Are EEOC complaints confidential in Texas? Texas employment lawyer explains

Employees suffering employment discrimination often worry about the effects of reporting employment discrimination to the EEOC. This is especially true for employees who still work at the job where discrimination occurs. Retaliation for complaining about employment discrimination is a real and serious concern. This concern may lead workers to not contact the EEOC or an …

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Can my Texas employer fire me for doing what my manager told me to do?

Here’s a tricky situation: you follow a specific instruction from your manager or a company policy. Then your employer fires you. Can this happen for following orders? Unfortunately, in most cases the answer: yes. Seems bizarre–and it is–but this is the nature of the at-will employment relationship. In an at-will employment relationship the employer can discipline an employee, …

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EEOC hits Dunkin Donuts franchise for $330k in sexual harassment suit

Last week the EEOC settled  a Title VII sexual harassment and retaliation suit against multiple Dunkin Donuts franchises. The $330,000 settlement, which covers multiple employees, includes a multi-year training and oversight provision to avoid similar events in the future. The EEOC press release describes the events alleged in the lawsuit as follows: Hillcrest Marshall violated federal law by …

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“Like” Off: Facebook “Like” still at issue under NLRB social media policy

In 2012 the National Law Review published my article discussing the relationship between social media and workplace harassment. In that article, I discussed a case arising from the National Labor Relations Board in which two employees were fired for allegedly violating the employer’s social media policy prohibiting employees from disparaging the employer online. Here, the employer …

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Can my employer disagree with my doctor’s FMLA certification?

Under the Family and Medical Leave Act (FMLA), eligible employees of covered employers can request up to twelve weeks of medical leave within a one year period for a serious medical condition of the employee or a family member as well as the birth or adoption of the employee’s child. When the employee requests FMLA leave …

Can my employer disagree with my doctor’s FMLA certification? Read More »

Sarbanes-Oxley retaliation claims apply to employees of contractors according to the Supreme Court

Sarbanes-Oxley, passed in 2002 in the wake of the Enron disaster, includes a protection in Section 806 that employees of a publicly traded company from retaliation for whistleblowing on accounting fraud and other prohibited acts under Sarbanes-Oxley (SOX). In the past, most courts held that the employees of contractors to public companies did not enjoy …

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Overtime pay with personal leave in Texas

Overtime rules under the Fair Labor Standards Act and Texas Payday Law result in  improper wage calculations in employment law. Some employers engage in illegal acts to avoid paying overtime. Many fail to fully understand when they must pay overtime and how the calculation of overtime pay must occur. (For a primer on overtime pay, …

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Dallas woman wins appeal on retaliation claim for complaining about sexual harassment

This Dallas employment retaliation case is best summed up in three letters: WTF? Not only are the facts of the case full of WTF; but the decision of our federal District of Northern Texas keeps up with the conduct of the alleged harassers. The lawsuit Royal v. CCC&R Tres Arboles, L.L.C. is a local Dallas decision on a significant legal …

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When can I sue for employment discrimination?

Texas and federal discrimination law prohibit only certain types of employment discrimination. An employee may file a charge of discrimination or lawsuit on employment discrimination only for a trait protected by law. If your employer takes action against your job or compensation then you must show the employer did so because you have a protected trait. The traits …

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Employment discrimination and job reinstatement

Often Texas employees who are victims of employment discrimination lose their jobs through either the employer’s direct efforts to terminate the employee or by the employer’s indirect efforts to harass the employee until he or she feels like there is no choice but to quit (this is known as constructive termination). In most cases, employees …

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A Facebook “Like” is protected First Amendment Speech

This week, the Fourth Circuit Court of Appeals published its decision in Bland v. Roberts, a First Amendment case regarding a Facebook “like”. I wrote about this case last year in my National Law Review article on social media and harassment. I contended that a “like”, “retweet” or “+1” is evidence of employee support of employment-based …

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

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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Employment discrimination still a widespread problem in Texas

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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EEOC New Anti-Discrimination Enforcement Priorities

The Equal Employment Opportunity Commission (EEOC) released its new Strategic Enforcement Plan (SEP) this spring that includes six key anti-discrimination priorities that the agency will be focusing on through 2016. These new anti-discrimination enforcement priorities reflect the intent to increase litigation as both a deterrent effect on employers to increase their anti-discrimination policies to prevent …

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

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 …

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

Will filing a claim or suing my employer affect my job in Texas?

It is always a major concern of Texas employees facing illegal/inappropriate conduct at work to take any steps to protect themselves, whether it is complaining to their boss, human resources, filing a claim or charge with a government agency, or filing a lawsuit, for fear of retribution or loss of work. There is no avoiding …

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