— Employee Rights Category Archives — Dallas Employment Lawyer Blog Published by Dallas, Texas Employment Lawyers

Critique of the Supreme Court’s Code of Conduct: The Issue of Enforcement

November 16, 2023 | Robert J. Wiley

Dallas Employment Trial Lawyer Rob Wiley

The Supreme Court plays a crucial role for Texas employment lawyers representing employees due to its power to interpret and set precedents in federal employment law. Decisions made by the Court on issues like workplace discrimination, wage and hour laws, and employees’ rights under federal statutes directly impact the legal framework within which Texas employment lawyers operate. These rulings can either expand or limit the rights and protections available to employees in Texas. It is vital that the Supreme Court maintain the highest ethics of any court.

Sadly, I am unimpressed with the new Code of Conduct issued by the Supreme Court. While this initiative is commendable for attempting to consolidate ethical standards, it crucially falls short in one major area: enforcement.

Title: ‘Tis the Season: Navigating Employment Law During the Holiday Season

November 10, 2023 | Deontae Wherry

Dallas Employment Lawyer Deontae Wherry

The holiday season is a time of festivities and cheer in the workplace. However, it can also be a time of unique employment law challenges. It is important for employees to be aware of their rights during the holiday season. In this blog, we’ll explore some key aspects of employment law during the holiday season to help you understand your rights during this festive time.

Holiday Pay and Overtime

Empowering Employees: Unraveling Vicarious Liability and Indemnification for a Secure Workplace

August 10, 2023 | Haylie Davis

Dallas Employment Trial Lawyer Haylie Davis

In the intricate world of workplace dynamics, legal concepts like vicarious liability and indemnification play a significant role, often affecting employees in various ways. While these terms might sound complex, the attorneys at Rob Wiley P.C. here in Dallas are here to help break these concepts down. So, when you go and sign your next employment contract or agreement you are better aware of what you are agreeing to.

Vicarious Liability: Shared Responsibilities

What “attorney fee shifting” means for you as a client

July 14, 2023 | Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

Summary: This article explains concepts related to fee shifting in the US and how those rules affect not just attorneys, but their clients too

Legal representation can be expensive. Because of that, rules about who pays an attorneys’ fees can matter a great deal. In the United States, unlike most other countries, the default rule is that each party in a dispute pays for their own attorney from beginning to end. In the United Kingdom, by contrast, the default rule is that whoever loses a lawsuit has to reimburse the other side for what they paid their attorney.

Hair Discrimination Soon to Be Illegal in Texas

June 2, 2023 | Deontae Wherry

Dallas Employment Lawyer Deontae Wherry

I’ve always found it puzzling why other people take offense at someone else’s hair. When I was a child, I was captivated by the diverse hairstyles chosen by my relatives. Some rocked dreadlocks, afros, cornrows, and braids. At one point, I even tried growing out my own hair in the hopes of getting braids. I saw it as a way to express my pride in my black heritage. Unfortunately, my hair never reached the desired length.

As a result, I settled for low-cut fades, and that became my signature look. People grew accustomed to seeing me with a low-cut fade. However, there were times when I could not get a haircut and had to sport a small afro. Surprisingly, some individuals joked about my hair being unprofessional. I had never considered the possibility of my hair being deemed unprofessional because I consistently applied oil, combed or brushed it with care.

Your Safety Matters: Navigating Unsafe Work Environments as an Employee

April 24, 2023 | Haylie Davis

Dallas Employment Trial Lawyer Haylie Davis

Given the numerous instances of train derailments involving toxic chemicals in 2023, it is imperative to reexamine the safety protocols at workplaces and ensure that employees understand they have the right to work in a secure environment.

As a worker in the United States, you are entitled to a safe and healthy work environment, and federal law safeguards your right to be employed in a workplace that is free from recognized health and safety dangers. Your employer bears the responsibility of ensuring that your workplace is secure and devoid of hazards that could pose a threat to your well-being.

What Happens on “Four Twenty-One”?

April 24, 2023 | Paige Melendez

Dallas Employment Lawyer Paige Melendez

April 20th or “Four Twenty” just passed and whether you chose to celebrate by engaging in marijuana use (within the confines of state and federal guidelines) or you used the day to engage in civic discourse regarding the legalization of marijuana, the true question is: what happens on Four Twenty-One. The reason why the day after “Four Twenty” is so important is because of the general understanding that employees have a higher potential to engage in marijuana use the day before. This brings up the question of drug-testing in the workplace. The legality of drug testing employees remains a controversial issue, with some arguing that it is an invasion of privacy, while others maintain that it is necessary to ensure a safe and productive workplace. Generally, drug testing is legal, but like always there are certain guidelines and caveats that employees should be aware of when an employer announces or requires a drug test.

A good offense is a must when it comes to drug testing, that’s why it is an important first step to read up on the employer’s drug testing policy whether in the employee handbook, an online posting, or any new hire paperwork. The second step is understanding that an employer’s drug policy is not limitless because drug testing must still be conducted in a non-discriminatory manner. This means that employers cannot single out certain employees for drug testing based on their race, sex, age, disability, or other protected characteristics. An example of this would be if an employer announced a random drug test, but the “random” people chosen were all part of the same racial group. Thus, while an employer can legally drug-test its employees, there are limits to how the tests are conducted.

When the Ship Sinks

March 2, 2023 | Paige Melendez

When a company files for bankruptcy, the media plasters photos of their “going out of business” signs and empty storefronts to announce that the company could be no more. What is not shown is the complex, often long process of actually filing for bankruptcy. Filing for bankruptcy also comes in different flavors and different factors may help employees’ situations. To give a general idea of how bankruptcy affects employees, below we’ll look at the types of bankruptcy as well as examine the additional factors that may change the outcomes for employees. All in all, the announcement of bankruptcy can be terrifying for any employee that is currently employed by that company, but by learning more about the process it can help employees make more informed decisions.

Beginning with types of bankruptcy, if a company files under Chapter 11, it means that the company may attempt to reorganize and continue operating under court supervision. In this case, the company may have to make difficult decisions such as reducing its workforce, closing unprofitable departments, or renegotiating contracts with suppliers and creditors. The company may also be able to negotiate with labor unions to reduce salaries or benefits temporarily. However, in some cases, employees may be able to keep their jobs or be rehired once the company emerges from bankruptcy.

Another potential filing is under Chapter 7 or where a company is liquidated. Liquidation means that a business’ assets will be sold to pay off its creditors. In this case, employees will likely lose their jobs, and the bankruptcy trustee will use the proceeds from the asset sales to pay any outstanding wages and benefits owed to them. This situation is not ideal, but there’s still another option.

Let the Jury Decide

December 29, 2022 | Deontae Wherry

One the greatest rights we have is the right to a jury trial. While many employment cases never make it to a jury, employees still have this fundamental right to attempt to get his/her case to a jury.

Over the last year, we have witnessed more employment cases being tried before a jury. One of the reasons we are seeing more jury trials is courts are trying to clear their backlogs from the pandemic, and the way to do that is by having jury trials and getting cases off their dockets. Another reason is people want their day in court. As a result, we have witnessed significant jury verdicts in employment cases.

I also realize that some people do not like juries. Why is this? Maybe it’s because your fate is in the hands of people that you do not know. Perhaps you may not feel confident that you will be given a jury of people who are truly your peers. That is okay if you are uncomfortable having a jury decide your case. You can always have a bench trial before the judge. I must admit getting a case to a jury is not easy, which is discussed by my colleague, Jairo Castellanos, in a recent blog. But, for now, let’s discuss who jurors are, their purpose, and recent jury verdicts.

Last Minute Shopping? Bring Kindness.

December 22, 2022 | Paige Melendez

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Dallas Employment Lawyer Paige Melendez

Whether you are last minute shopping or merely intend to do some shopping during the busiest shopping time of the season, we all know that stores become packed. This includes lines of people longer than normal, harried store associates racing to re-stock shelves and answer questions, and customers becoming less patient. It’s the last symptom that brings forward my trite recommendation for this holiday season: Be Kind. This mantra is used year-round for various purposes – believe me, I too roll my eyes – but in the context of an at-will employee diligently working during the winter, it makes sense to be reminded and here’s why. In my last blog I looked at how holiday hours are only beneficial if you can and do work overtime hours. This blog is about how workers are treated during those busy holiday hours by customers and store management.

If you have ever had to work in any kind of customer service position or retail job, then you are aware that the holiday season brings a type of dread with it. Most customer service based positions and almost all retail positions are hourly employment jobs and deemed to be at-will. At-will employment in Texas means that there is no job protection for these workers, and they can be fired for any reason or no reason at all. For example, take Rhonda – a cashier – putting in her very best efforts, battling the long lines of patrons and getting them through the checkout line as quickly as she possibly can. Drake, her manager, who is upset at how many customers are complaining during the holiday season, may not care about Rhonda’s best efforts. All he hears and cares about are the customers complaints over the predictably long lines. After being on her feet all day, and even working overtime hours with the store staying open late, Rhonda could be fired. Rhonda would have no recourse if her unreasonable manager terminated her employment for a legitimate non-discriminatory reason like customer complaints about long lines in front of her cash register.