Articles Posted in Employee Rights

Harjeen Zibari

Dallas Employment Trial Lawyer Harjeen Zibari

When Americans think of “free speech,” they often think of the First Amendment. And it’s true-the First Amendment is one of our most cherished constitutional rights. But when it comes to your job, especially in a workplace that is privately owned and not part of the government, your rights may not be what you think they are.

Here’s what every employee should understand about free speech in the workplace.

Posted in:
Updated:

October is here—pumpkins on porches, costumes in the stores, and a chill in the air. But for many Texas employees, the real scare isn’t haunted houses or ghost stories. It’s the fear of speaking up at work. When employees exercise their rights—whether requesting a disability accommodation or reporting unfair treatment—they too often face retaliation. And that’s more frightening than anything you’ll find in a corn maze.

In this post, we’ll look at how disability rights and workplace retaliation intersect, what protections the law gives Texas employees, and what steps you can take if your employer crosses the line.

Disability Rights: Not a Favor, a Legal Obligation

Cassidy Monska

Dallas Employment Trial Lawyer Cassidy Monska

In today’s digital age, information is everywhere. A quick Google search can yield thousands of results on any legal topic – from wrongful termination to workplace discrimination. Social media platforms are flooded with advice, personal stories, and even legal opinions. And yes, even AI tools like ChatGPT can provide insights on employment law. But when it comes to protecting your rights and navigating the legal system, one question remains: Should you do your own research, or should you rely on a lawyer? The answer is not as simple as “don’t Google it.” Research can be helpful, even empowering. But it is not a substitute for legal counsel. Here’s why.

The Internet Isn’t a Lawyer

Deontae Wherry

Dallas Employment Trial Lawyer Deontae Wherry

You have just learned that a loved one needs serious medical care—or maybe you are facing a health crisis of your own. You go to HR, hoping to take time off under the Family and Medical Leave Act (“FMLA”), only to hear:

“You’re not eligible.”

On August 19, 2025, the Fifth Circuit Court of Appeals, which is the federal appellate court over Texas, ruled that the National Labor Relations Board—the independent federal agency that oversees union elections and protects the rights of workers to organize and discuss the terms and conditions of their employment—was structured in an unconstitutional way. The decision is SpaceX et al. v. National Labor Relations Board, No. 24-50627. This decision is all but guaranteed to lead to a showdown at the U.S. Supreme Court, where it could potentially upend massive amounts of rulings both by courts and the NLRB itself, as that agency has been around for nearly 100 years.

The NLRB employs a number of Administrative Law Judges to decide “unfair labor practice” cases before the Board. These are not “Article III” federal judges like the ones who decided this case, but employees of the Board who decide disputes that are filed with the Board. This is not an uncommon structure in how federal agencies work. For instance, all of the immigration judges who have been in the news lately deciding whether to deport asylum seekers are so-called “Administrative Judges,” a slightly different category.

The NLRB’s ALJs have some protections against removal from office, which helps ensure they have the ability to act independently in making decisions, rather than just being at the beck and call of whoever happens to be in charge of the Board of the NLRB at a given moment. However, the Fifth Circuit held that the NLRB’s ALJs essentially have too much protection from removal, which it concluded interfered in the right of the President to exercise control over the agency.

Riley Carter

Dallas Employment Trial Lawyer Riley Carter

The PUMP Act, short for Providing Urgent Maternal Protections for Nursing Mothers Act, represents an important step forward in workplace protections for nursing employees. Signed into law in December 2022, the Act significantly expands and strengthens the rights of breastfeeding workers in the United States. Below, we’ll walk through the history of the law, the protections it provides, its limitations, and what employees should know about exercising their rights under it.

The History Behind the PUMP Act

Rachel-Bethel-200x300

Rachel Bethel – Trial Attorney

Workplace issues can start subtly: a passive-aggressive comment, a suspicious change in workload, or a shift in how management treats you. Many employees hope these problems will work themselves out or go away eventually. However, waiting too long to get legal guidance can make things worse & potentially limit your options later on.

Whether you’re facing discrimination, retaliation, or a hostile work environment, speaking with an employment attorney early in the process can be one of the smartest moves you make.

Harjeen Zibari

Dallas Employment Trial Lawyer Harjeen Zibari

Oftentimes, workers will come to me insisting that they have the evidence that will definitively prove their case: a recording. However, this can open a whole other can of worms that the worker did not even anticipate, and sometimes, that recording becomes more trouble than it’s worth.

In today’s workplace, it’s easier than ever to hit “record” on your phone when a meeting or conversation is happening. Some employees think of recording as a way to protect themselves—especially if they suspect harassment, discrimination, or unfair treatment. But before you press record, it’s important to understand that recording conversations at work can be legally risky.

Every employee deserves a safe workplace. Whether you work in construction, health care, retail, or an office, your employer has a legal duty to provide an environment free from known hazards. The Occupational Safety and Health Administration (OSHA) was created to enforce these rules and protect employees when companies cut corners. But too often, workers hesitate to speak up because they fear retaliation.

The truth is that retaliation is common—and it’s illegal. Workers who raise safety concerns, request inspections, or file OSHA complaints are protected by federal law. Retaliation can take many forms: sudden termination, reduced hours, demotion, harassment, or even blacklisting that makes it harder to find work in the future. These actions are meant to intimidate, but OSHA’s whistleblower provisions exist precisely to stop employers from silencing their workers.

Filing an OSHA complaint is straightforward. You can file online, by mail, or by calling your local OSHA office. Complaints can even be made anonymously if you want to protect your identity. Dallas employees who see unsafe conditions—such as faulty equipment, exposure to toxic chemicals, or lack of fall protection—have the right to demand change. Once a complaint is filed, OSHA can inspect the workplace, interview employees, and require the employer to fix violations.

Deontae Wherry

Dallas Employment Trial Lawyer Deontae Wherry

Picture this: you are at work when someone hands you a subpoena. You did not ask for it, and maybe you do not even want to be involved, but now you are legally required to show up in court or provide documents. You want to do the right thing, so you comply with the subpoena. But when you get back to work, your boss is not happy. Maybe he/she cut your hours, your responsibilities change, or, worst of all, he/she terminates your job.

If that sounds unfair, that’s because it is. And, in Texas, it is also illegal.

Contact Information