Articles Posted in Employment at Will

Employment Lawyer Rasha Zeyadeh

Texas Employment Lawyer Rasha Zeyadeh

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 pandemic.  Work holiday parties are a time for employees to get together, socialize, and celebrate a year well done. This is your opportunity to shake hands with the movers and shakers. However, holiday parties are notoriously known to pose serious risks for employees, especially if alcohol is served.

Let’s address the big Texas elephant in the room. Texas is an “at-will” state. That means your employer can fire you for no reason or any reason, short of unlawful discrimination or retaliation. In Texas, termination caused by your actions at a work holiday party is no exception to the “at-will” rule.

Paige Melendez

Dallas Employment Lawyer Paige Melendez

For employers and employees alike it is becoming apparent that there is a trend of employees leaving their workplaces. In Texas, the at-will doctrine allows an employee to leave for any reason or no reason, but sometimes resignations can be a bit more complicated. For employees it is complicated because resignations can be and should be used strategically rather than a simple decision to leave a job. To use a resignation strategically, there are a few things to consider and think about before pulling the plug. 

First and foremost, leaving a job can evoke questions about eligibility for unemployment benefits. In Texas, resignations, except for narrow exceptions related to “good cause connected with the work,” can be fatal to an application for unemployment benefits. While every case is different, resignations likely spell the end for unemployment benefit eligibility. Yet, it ultimately comes down to the Texas Workforce Commission’s decision. Therefore, if unemployment benefits are part of the financial planning underpinning a resignation, it is important to keep this in mind.

Employment Lawyer Deontae Wherry

Dallas Employment Lawyer Deontae Wherry

COVID-19 has dictated much of our daily activities over the last 20 months. It seems that COVID-19 is not going away anytime soon neither is the vaccine mandate. Yesterday, President Biden’s administration fulfilled its promise that it would take more aggressive steps in getting more Americans vaccinated. The administration announced additional vaccine mandates affecting more than 100 million workers. In this article, I will explain what this mandate means for employees.

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Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

One of the more esoteric (arguably boring) concepts in law is the idea of “standing”—that is, what kinds of disputes the Constitution allows courts to consider, and who can bring them.  To put it another way, “standing” is about whether someone is allowed to sue someone else in the first place.  However, standing to sue is often directly tied to whether someone’s rights are protected by law.

 The new abortion law that took effect in Texas on September 1, 2021, is controversial for many reasons.  This article focuses on just one of those reasons: the law is enforced through a “bounty” provision that may allow anyone, anywhere, to sue someone for knowingly aiding or abetting—or even just intending to aid or abet—an abortion more than six weeks into a pregnancy.  The plaintiff in that situation can win a bounty of $10,000 plus costs and attorneys’ fees.  This article places that provision in context with the rules of standing for qui tam whistleblowers and other employment claims to point out just how much of a sea change it represents.  

fadi-yousefWhat does it really mean to be an “at will” employee in Texas? You’ve certainly heard of this term often. In the next few paragraphs, I will talk about what that term really means in the eyes of the law and how it impacts you, and I’ll also discuss the exceptions to at will employment.

The first thing you should know is that Texas is an “at will” employment state. At will employment simply means that your employer can fire you at any time, for any reason, or for no reason at all. That actually includes false, malicious, unfair, or unethical reasons, as long as those reasons aren’t illegal, or in violation of a contract (we’ll discuss below). At the same time, it also means that you, the employee, can quit your job at any time, for any reason, or for no reason at all. But what if your employer required you to give two weeks’ notice before you quit; does that mean you’re not an at will employee? In general, if your employer requires two weeks’ notice before you quit but reserves the right to fire you without notice, then your employment is likely still at will. This means if you quit without notice, you may be violating your employer’s policy, but not any law or contract.

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austin-campbellSo, one day your employer asks you to sign a piece of paper that talks about a “dispute resolution” program, including “arbitration.”  Perhaps you instead got paperwork talking about arbitration with your onboarding materials when you started a new job.  Or, maybe you just got an email from your employer saying you are now subject to arbitration “as a condition of employment.”  This article takes a basic look at what these things mean and why seeing them ought to—at the very least—cause you to sit up and think about what your next move should be.  

Arbitration is basically a private court.  The parties (including employees and employers) agree beforehand to submit disputes to a private decisionmaker or decisionmakers to reach a final, binding decision.  Some arbitration programs require the parties to select an arbitrator or arbitrators from a list of candidates associated with a large dispute resolution company like the American Arbitration Association, and might apply rules set by that company.  There is no judge or jury, and the ultimate decision may be kept secret.  Appealing an arbitrator’s decision can be almost impossible, and the rules of an arbitration may be quite different than those in a court.  As a result, employees may have less of an ability to get evidence from their employer. Continue reading ›

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