Dallas Employment Lawyer Blog

Navigating the Workplace When You Have Ongoing Employment Claims

February 13, 2025 | justia.admin

Finding yourself in a situation where you are still employed by an employer you have ongoing employment claims against can be incredibly stressful. It’s crucial to balance protecting your legal rights while maintaining professionalism and protecting your position.

Here are some practical steps to help guide you on how to handle working in a hostile or potentially contentious environment when you have an active legal claim against your employer. These steps can help reduce stress, protect your rights, and ensure you approach the situation effectively.

1. Know Your Rights and Legal Protections

Don’t Sell Yourself Short: Stand Up for Fair Treatment

February 7, 2025 | Deontae Wherry

Dallas Employment Trial Lawyer Deontae Wherry

As an employee in Texas, you don’t have many rights because of the at-will doctrine. At-will doctrine simply states that an employer can terminate an employee for any reason or no reason at all. Despite this, you work hard and contribute to your employer’s overall success. You deserve to be treated with fairness and respect. Unfortunately, many workers face broken promises from their employers—whether it’s a denied raise, an unfulfilled promotion, or ignored benefits. If your employer has failed to honor their commitments, it’s time to stand up for yourself. You don’t have to accept mistreatment, and better opportunities exist.

Your Work Deserves Recognition

Federal agencies’ lack of quorum(s) during the second Trump administration may harm employees’ rights.

February 5, 2025 | Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

Summary: This article discusses the implications of the Trump administration’s removal of members from independent federal agencies tasked with protecting employee rights.

I previously wrote about the possibility of the then-incoming Trump administration implementing various aspects of Project 2025. Unfortunately, it seems that one way the Trump administration may go about pursuing that agenda is by stripping agencies of their ability to act by removing their “quorums.”

“Project 2025” on Employment Law

December 16, 2024 | Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

This article briefly highlights parts of Project 2025 (a conservative policy wish-list that the Trump administration seems likely to implement) that would have an impact on employment law and workers’ rights.

During his campaign, Donald Trump denied having anything to do with Project 2025, a conservative policy wish-list created by the Heritage Foundation. Project 2025 openly bills itself as a toolkit for the incoming administration. Tellingly, Trump has gone on to propose multiple nominees for his administration with close ties to the creation of the document. For instance, Trump intends to appoint Russ Vought as director of the Office of Management and Budget. Vought wrote one section of Project 2025 in which he espoused deep cuts to federal programs and agencies. One way or the other, it seems that the Trump administration is likely to try to implement at least some aspects of Project 2025. So what does it have to say about employment law?

A Trip to Mexico: Employment Law Update

October 11, 2024 | Deontae Wherry

Dallas Employment Trial Lawyer Deontae Wherry

Attending the Texas Employment Law Association (“TELA”) Continuing Legal Education (“CLE”) event in Guadalajara, Mexico, last week was a rewarding experience that seamlessly blended professional development with cultural exploration. The weather was beautiful, ranging from 60 to 84 degrees and sunny, enhancing the overall enjoyment of the event.

The CLE gathered employment attorneys from various regions, providing a valuable opportunity for networking and idea exchange. The sessions covered a wide range of relevant employment law topics, featuring expert speakers who shared insightful perspectives on recent legal changes affecting both employers and employees. The interactive format encouraged engaging discussions, making the learning experience even more enriching.

Best Tips for Participating in Mediation: A Legal Perspective

October 10, 2024 | Riley Carter

Dallas Employment Trial Lawyer Riley Carter

Mediation is an increasingly popular alternative to traditional litigation, offering a more collaborative approach to dispute resolution. It allows parties to negotiate a mutually acceptable resolution with the assistance of a neutral third party. As an individual entering mediation, understanding how to effectively participate can significantly influence the outcome. Here are some key tips to consider.

Prepare Thoroughly

Texas Non-Competes Under Fire: What Employees Need to Know About Protecting Their Career Mobility

October 10, 2024 | justia.admin

Recent updates in Texas non-compete law have crucial implications for employees, particularly around job mobility and access to career opportunities. In August 2024, the U.S. District Court for the Northern District of Texas blocked the Federal Trade Commission’s (FTC) proposed nationwide ban on non-compete agreements, a rule that was set to eliminate these restrictions across the country. This decision preserves the enforceability of non-compete clauses in Texas, but it also signals ongoing legal battles that may ultimately shape the future of employee protections.

Here’s what employees should know about the current state of non-competes and how this affects them:

1. Ongoing Use of Non-Compete Agreements

Blessed Are the Informed: Employee Rights in Religious Workplaces

October 10, 2024 | Ellen Johnston

Dallas Employment Trail Lawyer Ellie Johnston

The intersection of faith, employment law, and personal rights creates a unique landscape for employees in religious institutions. While the First Amendment’s protection of religious freedom is paramount in American society, it doesn’t grant religious employers carte blanche to disregard employment laws or employee protections. For those working within religious organizations, understanding and protecting your rights is crucial.

It’s a common misconception that employees of religious institutions are without rights. In reality, many standard labor laws still apply, despite some exceptions for religious organizations. Federal anti-discrimination laws prohibit discrimination based on race, color, national origin, sex, and disability, even within religious institutions. However, these organizations may have some leeway when it comes to religious discrimination, particularly in hiring practices for roles central to their religious mission.

Are employers trying to make at-will employment a one-way street?

September 5, 2024 | Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

This article tries to put workers on notice that employers are increasingly trying to set up situations where they can fire employees at any time and for any reason, but the employees are not allowed to seek work elsewhere without their boss’s say-so. This could result in workers being essentially trapped in their jobs against their will.

Texas is an at-will employment state. What that is supposed to mean is that (barring some specific legal violation) employers can fire an employee or any reason or no reason, and an employee can quit for any reason or no reason. For all practical purposes, there is a presumption of at-will employment in Texas. And nominally the 13th Amendment, which bans slavery, also prevents employers from forcing (non-prisoner) employees to work for them. However, in the last several years there have been increasing instances of employers trying to make at-will employment a one-way street—namely, that they can fire employees for any reason or no reason, but employees can’t leave without their employers’ permission.

Why AI can’t give you real legal advice

August 5, 2024 | Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

Summary: AI is an amazing tool, but its use in the legal field is limited. This article cautions against people—lawyers or non-lawyers—becoming reliant on AI that fundamentally is not intelligent or able to meet the ethical standards of giving legal advice.

To say “Artificial Intelligence” is one of the hottest topics in today’s society is probably an understatement. From Google now putting AI-generated results first for most internet searches, to the creation of AI “assistants” to help write emails, to media companies having AI draft press releases or even full news articles, you probably see AI-generated language every single week.