Dallas Employment Lawyer Blog

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.

Understanding Legal Ethical Rules on Taking Legal Costs Out of Client Settlements

August 1, 2024 | Riley Carter

Dallas Employment Trial Lawyer Riley Carter

When clients settle their legal disputes, the way legal fees are handled can significantly impact their financial outcome and trust in their attorney. Legal ethics play a crucial role in guiding how lawyers manage and deduct costs from settlements. Let’s delve into the ethical rules and considerations surrounding this practice to ensure that legal professionals maintain transparency, fairness, and compliance with established standards.

The Ethical Framework

A Texan’s Guide to Unemployment Benefits

August 1, 2024 | Ellen Johnston

Dallas Employment Trail Lawyer Ellie Johnston

Unemployment benefits provide crucial financial support to individuals who have lost their jobs. Understanding how to navigate the Texas Workforce Commission (TWC), the appeal process, and the distinction between being fired for work-related misconduct versus other reasons can significantly impact Texas employees’ eligibility and benefits.

In Texas, the Texas Workforce Commission administers unemployment benefits, determines an employee’s eligibility, and processes unemployment benefit claims.

The Muldrow decision might spell the end of the “severe or pervasive” standard for hostile work environments claims.

June 4, 2024 | Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

Summary: This article discusses a possible future application of the reasoning in Muldrow v. St. Louis, by comparing that case to past decisions that set up the “severe or pervasive” standard.

I previously wrote about the U.S. Supreme Court’s decision in Muldrow v. City of St. Louis, in which the Court made it clear that discrimination is unlawful as long as it causes “some” harm. A plaintiff does not have to meet some arbitrary bar of “significant” harm just to bring their case. Any disadvantageous change in the “terms, conditions, or privileges of employment,” if done for an unlawfully discriminatory reason, violates Title VII. This article explores one area, hostile work environment claims, where Muldrow’s reasoning could also apply.

Furry Colleagues: The Legal Implications of Bringing Pets into the Workplace

May 17, 2024 | Riley Carter

Dallas Employment Trial Lawyer Riley Carter

In recent years, the concept of bringing pets into the workplace has gained significant traction. For many, having their furry companions by their side during the workday brings a sense of comfort and alleviates stress. However, while the idea may seem simple and appealing, there are various legal considerations that both employers and employees need to take into account before implementing a pet-friendly policy in the workplace.

Health and Safety Regulations

Understanding Gaslighting in the Workplace: Recognizing Manipulation and Protecting Yourself

May 9, 2024 | Robert J. Wiley

Dallas Employment Trial Lawyer Rob Wiley

Gaslighting is a term that has gained prominence in discussions about psychological manipulation and emotional abuse, particularly in interpersonal relationships and professional settings. Coined from the play and subsequent films titled “Gas Light,” where a husband deceives his wife into questioning her reality, gaslighting describes a methodical strategy to undermine someone’s perceptions, memories, and sense of self.

In the workplace, gaslighting can be especially insidious, often leading to confusion, self-doubt, and emotional distress for the victimized employee. This is a particular problem for Texas employees.

21 and 7: Magic Numbers for Employees Over the Age of 40

May 9, 2024 | justia.admin

Dallas Employment Trail Lawyer Harjeen Zibari

After signing a severance agreement, employees are understandably eager to be paid the funds they are owed. That’s why many employees are often frustrated to hear that they will not be paid immediately signing a severance. For workers over 40, there’s a very specific legal reason for this.

The Older Workers Benefit Protection Act (OWBPA) and the Age Discrimination in Employment Act (ADEA) are two significant pieces of legislation in the United States aimed at protecting older workers from discrimination in the workplace. When it comes to severance agreements, both laws have specific requirements that employers must adhere to that mean a delay in payments:

The Advantage of Hiring a Board-Certified Attorney: Expertise, Trust, and Success

May 2, 2024 | Deontae Wherry

Dallas Employment Trial Lawyer Deontae Wherry

In the dynamic world of business, having the right legal team can mean the difference between success and setbacks. When it comes to protecting your interests and navigating complex legal challenges, nothing beats the expertise and specialization of board-certified employment attorneys. Here’s why investing in a board-certified employment attorney is advantageous for you:

Expertise and Specialization

New Muldrow decision makes it clear that proving illegal discrimination does not require showing financial harm.

April 19, 2024 | Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

Summary: This article discusses the holding and implications of the Supreme Court decision in Muldrow v. City of St. Louis.

In the U.S. Supreme Court’s April 17, 2024, decision in Muldrow v. City of St. Louis, the Court reversed a lower court decision dismissing a police officer’s lawsuit over being transferred to a worse position because of sex. This reinstated her case. In concert with the Fifth Circuit’s decision in Hamilton v. Dallas County, 79 F.4th 494 (5th Cir. 2023), Muldrow hopefully represents a coming trend of courts finally rolling back decades of judge-made roadblocks to employees’ abilities to enforce their civil rights. Courts applying the law as written should give employees greater protections by removing opportunities for judges’ preconceptions or assumptions (often about people in very different circumstances from themselves) to get mixed into their rulings.