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Articles Posted in Workplace Retaliation

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New Year, New Me: Not Tolerating Discrimination This Year

Happy New Year! During this time of the year, many people set new goals for themselves hoping to improve the status quo. I am a firm believer that your environment affects your goals. For instance, a toxic supervisor or a hostile work environment can affect your professional goals. If you…

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State Employers Are Not Immune from USERRA Lawsuits

In 1994, Congress passed the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) which protects military service members and veterans from employment discrimination because of their military service. USERRA requires that employers allow service members to regain their civilian jobs following their military service. Many states like Texas have implemented…

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The Texas Whistleblower Act: To blow the whistle or not to blow the whistle? That is the question.

The Texas Whistleblower Act prohibits a state or local government entity from taking adverse personnel action against an employee “who in good faith reports a violation of law by the employing governmental entity or another public employee to an appropriate law enforcement authority.” The two most important considerations when determining…

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“In this economy!?”—What mitigation is, and why you need to do it!

Most of the time, if an employee decides to talk to an employment attorney it is because they have been fired.  And even if reinstatement to the employee’s old job is a possibility, often when they were fired for an illegal reason they are understandably afraid of returning to the…

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The Good, the Bad, and the Ugly: Employment References and Texas Law

Employees leaving a company can often wonder whether their former employer will insert itself into their future career. In particular, people can be worried about what former employers are allowed to say to jobs where they are applying.  “Can my old job sabotage my career?”  Texas has a patchwork of…

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Secretly Recording in the Workplace: Can I do it? Should I do it?

Generally, you have the burden of proving if your employer’s actions toward you violate the law. Of course, sophisticated employers seldom admit to doing something that breaks the law, and often employment cases turn on a “he-said/she-said” moment, where the employee claims something was said and the employer later denies…

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