The death by suicide of Cheslie Kryst was a big wake up call. Mental illness is prevalent amongst Americans now more than ever. According to data collected by Mental Health America, Texas is the second most prevalent state for mental illness. As a Texas employee, you should be aware of…
Articles Posted in Retaliation Claims
Holiday Cheer and Termination Fear: Can I be fired for my behavior at a work holiday party?
It’s the most wonderful time of the year. Love them or hate them, this is the time of the year during which employers are finalizing holiday party plans. After a long pause on holiday parties due to Covid-19, many employers are gearing up for their first holiday party since the…
When it doesn’t pay to be the boss: the Fair Labor Standards Act’s “Manager Rule”
Summary: This article gives a brief overview of the problems that the “manager rule” can cause high-level employees trying to raise concerns about pay issues, as well as the limits of that rule. Categories: At-will; Wrongful termination; Retaliation Claims; Fair Pay; Wage and Hour; Tipped Employees If your…
You might be tired of “Exhaustion of Administrative Remedies,” but don’t sleep on it!
Many employees may be unsure what to do if they discover they have been treated unlawfully by their employer. Going straight into a lawsuit can be a scary step, and is not always the right one. If you thought “there must be some government agency that can investigate and fix…
A Quick-ish Answer to “What is a PPP or Prohibited Personnel Practice”
Most Federal employees enjoy an entire administrative regime dedicated to vindicating their unique rights. Out of this regime there are three big enforcement mechanisms that come to mind: Equal Employment Opportunity (EEO) offices, the Merit Systems Protection Board (MSPB), and the Office of Special Counsel (OSC). These three agencies are…
Are English-only Workplaces Illegal?
One of the greatest benefits of our nation’s growth is the diversity that comes with growth. It is undisputable that more and more individuals are calling America home. As a result, the workplace is becoming more diverse and more employees are speaking other languages than English. According to the Center…
Discrimination Cases and the EEOC Process: How to Get Started
Have you ever wondered about what the Equal Employment Opportunity Commission (“EEOC”) actually does? You are not alone. Every week, I speak to my clients or potential clients about the EEOC’s role in employment disputes. This article briefly explains the EEOC process, common questions, and why you may want to…
Healthcare workers’ whistleblower protections under the Texas Health & Safety Code
Over 1.6 million Texans were employed in the healthcare and social assistance industry by 2019, and that number is expected to grow steadily over the next decade. Nursing in particular is one of the top five occupations in the state by number of online “help wanted” ads. Because of that,…
What to Expect During Your Initial Consultation
The biggest step is usually the first step. I am glad that you have taken the first step by scheduling an initial consultation to discuss your employment case. If you have not scheduled an initial consultation, I hope you do it soon. Many of my clients have never had to…
50 Years and Counting: How Can I Join in the Fight Against Workplace Discrimination?
After watching the 8 minutes and 46 seconds video that outraged the world, many individuals have joined in the fight for racial justice. These individuals have chosen not to be silent; they have decided to speak up and to speak out against racial inequality. The fight against systematic and institutional…