wrongful termination

Can my boss fire me or write me up for talking to other employees about my pay?

No, although many employers continue to present this as a written or unspoken rule. Employers generally do not want you to share your salary, hourly wage, or bonus numbers with your colleagues. They fear those who make less will demand more pay. The National Labor Relations Act protects your right to discuss conditions of your …

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Biggest Loser to Contract Breacher

Tara Costa was a contestant on season seven of the well-known NBC reality show Biggest Loser. Ms. Costa did not win her season but she was a fan favorite. She used her popularity to elevate her career from plus-sized model to motivational speaker and fitness spokesperson. After leaving the show, Ms. Costa signed an agreement with …

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I work for a religious organization, can my employer discriminate against me? Texas Employment Attorney Responds

This is probably one of the most contentious and biggest question marks in employment law in this country. In 2012 there was a fight over religious organizations and health insurance plans over whether they must offer contraceptive coverage. (Remember, Georgetown law student Sarah Fluke testified before Congress and Rush Limbaugh called her a sl*t?) Hosanna-Tabor Evangelical …

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Be careful about what you say on social media

We live in a social media-driven world. It has its tentacles wrapped around almost every part of our life. Our news media relies on it for content. We interact with family members, friends and coworkers over it. It invades our pants, purses and backpacks through our phones and computers. With immediate access through our smartphones …

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Can my employer violate the employment handbook under Texas employment 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)

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 employment records should I keep?

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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Dallas Employment Attorney on Employer Dress Codes

Employers are permitted, and often encouraged, to establish a uniform dress code. There can be many reasons why an employer would want to establish a dress code. An employer might be concerned about workplace safety requiring safety gear, like goggles or gloves, clothing to prevent minor injuries, such as work boots or full length pants. …

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

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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New York state Court of Appeals says Starbucks supervisors can share in tip pool

I don’t want to get in the habit of commenting on other states’ employment law positions but this case carries special weight. It may inadvertently affect the whole country because the case is before the federal Second Circuit Court of Appeals. This case deals with tip pools among tipped employees and non-regularly tipped employees. It …

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Texas employment attorney explains what is FMLA

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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Fort Worth Employment Attorney explains how employment discrimination occurs

Discrimination in the workplace is prohibited when that discrimination is on the basis of one’s sex/gender, race, national origin, religion, age (if over forty), disability, pregnancy, genetic information and military service. Employment law prohibits it against both employees and job applicants. Employment discrimination on one of these classifications generally falls into two forms of conduct. This …

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Fair Labor Standards Act & Texas Payday Law and Tipped Employees

Tipping is a form of employee compensation in which employees receive wages from the employer and customers, who have no legal relationship with their the employer or the tipped employee. The Fair Labor Standards Act (FLSA) and Texas Payday Law both recognize tips as wages to the tipped employee. They are subject to minimum wage …

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What is sexual harassment in employment?

Sexual harassment in the workplace is basically three forms of activity: Requests for sexual favors in exchange for receiving positive effects to your job or preventing negative effects to your job; Unwelcome sexual advances; and Verbal and/or physical bullying based upon one’s sex or gender. Sexual harassment perpetrator can be a direct supervisor/manager, some other person …

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

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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What is ERISA and why should employees care?

ERISA, the Employee Retirement Income Security Act of 1974, is a federal regulatory regime that governs private employer retirement, health care benefits and certain other employee benefit plans. It is a massive web of legislation, Department of Labor regulations and IRS regulations. ERISA also borrows from and incorporates securities regulations on investments (such as in 401k plans). ERISA …

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