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Articles Posted in Employee Rights

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Hostile work environment and workplace harassment—how far can my boss go?

“Hostile work environment” and “harassment” are probably two of the most common terms I hear in my everyday practice. Both terms are generally interchangeable under the law and mean the same thing. Workplace harassment takes different forms such as being subjected to yelling, bullying, intimidation, ridicule, belittlement, false accusations, and…

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Baby It’s COVID Outside: Emergency Paid Sick Leave for the New COVID-19 Spikes

The weather is getting colder and nationally, the United States is experiencing a new spike in COVID-19 cases. The country is trying to jump multiple hurdles all at the same time and one of them happens to be dealing with the new increase in people contracting the virus. Thankfully, the…

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Locked up and my employer won’t let me out: Have I been falsely imprisoned by my employer?

False imprisonment is the wrongful restraint, confinement or detainment of a person without that person’s consent. False imprisonment is a crime and can be charged as a misdemeanor or a felony, depending on the severity of the imprisonment. Additionally, false imprisonment is a common law tort and can arise in…

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The Holidays are Stressful but Scheduling Childcare May Not Have to Be with Recent Changes to the FMLA

As the country heads into the second half of fall fraught with holiday breaks and the prospect of a second wave of COVID-19 on the horizon, child-care concerns remain prevalent. The holiday season brings vast uncertainty about school closings and the availability of other childcare options, normally, but this year…

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The False Claims Act: Suing Your Employer on Behalf of the Government

The False Claims Act (FCA) is a longstanding federal statute that was originally enacted to combat defense contractors who committed fraud against the federal government during the Civil War. Since the 1860s, the FCA has been revised and has become an authoritative tool to prevent fraud committed against the federal…

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Workers’ Compensation Retaliation Under Chapter 451

Workers’ compensation is a form of insurance that pays for wage replacement and medical benefits to employees injured on the job or in the course of employment. Texas is a unique state that makes workers’ compensation voluntary for employers. For that reason, most private employers in Texas may choose to…

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Show me the money: Damage caps in employment law cases.

Employment law claims are undoubtedly the most difficult claims to bring forward. This is especially true if you are an employee in a conservative state like Texas. All other considerations aside, the financial and emotional cost of litigation alone is taxing. To make matters worse, the chances of success at…

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