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

Why employment law cases should be focused, not scattershot

May 9, 2025 | Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

Summary: This article discusses why it is strategically important for employees, when pursuing legal claims against their employer, to simplify their case as much as possible.

Many employees who come to us and explain that they believe their employer discriminated or retaliated against them state that they think there are multiple illegal reasons for their employer’s actions. For instance, someone might tell me they believe their employer fired them because of their age, because they have a disability, because they took FMLA leave, and because they previously reported the discrimination because of age.

Don’t Work for Free: Know Your Rights as an Employee in Texas

May 2, 2025 | Deontae Wherry

Dallas Employment Trial Lawyer Deontae Wherry

In Texas, every employee has the right to fair compensation for their work. You should never work for free, and it’s crucial to understand your rights regarding minimum wage, overtime pay, and regular payment schedules. This blog will inform you about these rights and what to do if your employer fails to pay you.

Minimum Wage

Retaliation Doesn’t Discriminate: When Pretext Becomes Punishment in the Workplace

April 25, 2025 | Ellen Johnston

Dallas Employment Trail Lawyer Ellie Johnston

When people think about workplace discrimination, they usually picture the person who’s directly targeted—a woman passed over for a promotion, an employee of color subjected to racist comments, or an LGBTQ+ worker harassed for who they are. But retaliation law protects more than just the victim. In fact, one of the most common—and most overlooked—forms of illegal retaliation is what happens when an ally speaks up.

Under federal and Texas law, it is unlawful for an employer to retaliate against someone who reports, opposes, or even just participates in an investigation into workplace discrimination. And yet, every day in Texas workplaces, employees who stand up for others are pushed out, written up, or fired altogether. It doesn’t matter if you’re not the person being harassed—if you raise concerns about discrimination or report it to HR, you’re engaging in protected activity. That means your employer can’t punish you for it, no matter how “at-will” your job is.

Navigating the Workplace When You Have Ongoing Employment Claims

February 13, 2025 | Cassidy Monska

Finding yourself in a situation where you are still employed by an employer you have ongoing employment claims against can be incredibly stressful. It’s crucial to balance protecting your legal rights while maintaining professionalism and protecting your position.

Here are some practical steps to help guide you on how to handle working in a hostile or potentially contentious environment when you have an active legal claim against your employer. These steps can help reduce stress, protect your rights, and ensure you approach the situation effectively.

1. Know Your Rights and Legal Protections

Don’t Sell Yourself Short: Stand Up for Fair Treatment

February 7, 2025 | Deontae Wherry

Dallas Employment Trial Lawyer Deontae Wherry

As an employee in Texas, you don’t have many rights because of the at-will doctrine. At-will doctrine simply states that an employer can terminate an employee for any reason or no reason at all. Despite this, you work hard and contribute to your employer’s overall success. You deserve to be treated with fairness and respect. Unfortunately, many workers face broken promises from their employers—whether it’s a denied raise, an unfulfilled promotion, or ignored benefits. If your employer has failed to honor their commitments, it’s time to stand up for yourself. You don’t have to accept mistreatment, and better opportunities exist.

Your Work Deserves Recognition

Federal agencies’ lack of quorum(s) during the second Trump administration may harm employees’ rights.

February 5, 2025 | Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

Summary: This article discusses the implications of the Trump administration’s removal of members from independent federal agencies tasked with protecting employee rights.

I previously wrote about the possibility of the then-incoming Trump administration implementing various aspects of Project 2025. Unfortunately, it seems that one way the Trump administration may go about pursuing that agenda is by stripping agencies of their ability to act by removing their “quorums.”

“Project 2025” on Employment Law

December 16, 2024 | Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

This article briefly highlights parts of Project 2025 (a conservative policy wish-list that the Trump administration seems likely to implement) that would have an impact on employment law and workers’ rights.

During his campaign, Donald Trump denied having anything to do with Project 2025, a conservative policy wish-list created by the Heritage Foundation. Project 2025 openly bills itself as a toolkit for the incoming administration. Tellingly, Trump has gone on to propose multiple nominees for his administration with close ties to the creation of the document. For instance, Trump intends to appoint Russ Vought as director of the Office of Management and Budget. Vought wrote one section of Project 2025 in which he espoused deep cuts to federal programs and agencies. One way or the other, it seems that the Trump administration is likely to try to implement at least some aspects of Project 2025. So what does it have to say about employment law?

Texas Non-Competes Under Fire: What Employees Need to Know About Protecting Their Career Mobility

October 10, 2024 | justia.admin

Recent updates in Texas non-compete law have crucial implications for employees, particularly around job mobility and access to career opportunities. In August 2024, the U.S. District Court for the Northern District of Texas blocked the Federal Trade Commission’s (FTC) proposed nationwide ban on non-compete agreements, a rule that was set to eliminate these restrictions across the country. This decision preserves the enforceability of non-compete clauses in Texas, but it also signals ongoing legal battles that may ultimately shape the future of employee protections.

Here’s what employees should know about the current state of non-competes and how this affects them:

1. Ongoing Use of Non-Compete Agreements

Blessed Are the Informed: Employee Rights in Religious Workplaces

October 10, 2024 | Ellen Johnston

Dallas Employment Trail Lawyer Ellie Johnston

The intersection of faith, employment law, and personal rights creates a unique landscape for employees in religious institutions. While the First Amendment’s protection of religious freedom is paramount in American society, it doesn’t grant religious employers carte blanche to disregard employment laws or employee protections. For those working within religious organizations, understanding and protecting your rights is crucial.

It’s a common misconception that employees of religious institutions are without rights. In reality, many standard labor laws still apply, despite some exceptions for religious organizations. Federal anti-discrimination laws prohibit discrimination based on race, color, national origin, sex, and disability, even within religious institutions. However, these organizations may have some leeway when it comes to religious discrimination, particularly in hiring practices for roles central to their religious mission.

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.