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

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.

Knowing When to Throw ‘Em

February 7, 2023 | Paige Melendez

Dallas Employment Lawyer Paige Melendez

There are certain skills that as we go through life we must obtain. One of those of those skills is knowing when enough is enough and it’s time to walk away. And it is a skill to be able to recognize that and act on the recognition. This skill is especially relevant in any type of legal process. The reason why is that sometimes moving forward is not the best action you can take and that’s a big decision, but hopefully some of the considerations below will help to illustrate good ways to analyze the choices made as a client.

We’ll start with an example of a situation where a big decision must be made: do you file a lawsuit?

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.

A lawyer’s experience with jury duty

October 27, 2022 | Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

Summary: This more light-hearted article talks about the author’s recent experience with jury duty and how a lawyer’s perspective differs from that of a layperson.

Immediately after I had the opportunity to pick a jury in one of our federal trials in September 2022, I had an entirely new experience: actually having jury duty of my own. This was far from the familiar halls of civil court, but brought me to the Frank Crowley Criminal Courts Building. I don’t know how I “escaped” being called for so many years, but those two things just happened to coincide less than a week apart.

Tuesdays should be the New Monday

June 23, 2022 | Paige Melendez

Dallas Employment Lawyer Paige Melendez

The newest shockwave to hit employment customs is the murmurs of a four-day workweek. In fact, Iceland recently declared their experiment with the four-day workweek a success. Belgian workers won the right to a four-day workweek in February, and the United Kingdom has set up a trial run that began this month with about 70 companies volunteering. Further, other countries are looking at the European peninsula to see how their experiment goes to consider instituting the shortened workweek. So, how could we get a four-day workweek in the United States?

The first way is obvious but unlikely. Either the House or Senate would have to draft a bill that mandated a four-day workweek for all businesses. Then, the bill would go to the opposite chamber of Congress before a final agreed upon draft was sent and signed by the President. The chance of a bill of this magnitude, with the potential to cause ripples throughout all levels of industry and business, wading through the stagnant pond of Congress is low, so we turn to a second method.

An Example of Protections We Do Not Have: The Fight for LGBTQIA+ Rights is Ongoing

March 3, 2022 | Paige Melendez

Dallas Employment Lawyer Paige Melendez

On February 22, 2022, Governor Abbott penned a letter to the Texas Department of Family Protective Services (“DFPS”) in which he imposed a mandate on the State agency to investigate the parents of children who are undergoing any type of gender transitioning treatment. To call the tone and aim of this letter transphobic would be an understatement.

More importantly, the fact that Governor Abbott felt emboldened enough to send a transphobic order to the DFPS should act as a call to action. The February 22, 2022 letter is a prime example of how far we have come and yet how far we still have to go in the fight for equal rights. It is an example of all the protections we do not have because, in spite of Bostock County being decided by the Supreme Court, our state entities are not bound to follow those guidelines. Governor Abbott had the audacity to direct a state agency and licensed professionals to directly harm LGBTQIA+ children by deeming gender reassignment surgeries and treatment as child abuse. This is a clear sign that the Governor’s office is either indifferent or blind to the trials and tribulations that besiege an already marginalized minority.

Mental Health is Wealth: Tap into your resources.

February 10, 2022 | Rob Wiley, P.C.

The death by suicide of Cheslie Kryst was a big wake up call. Mental illness is prevalent amongst Americans now more than ever. According to data collected by Mental Health America, Texas is the second most prevalent state for mental illness. As a Texas employee, you should be aware of the resources available to you.

Historically, many cultures have viewed mental illness as a form of religious punishment or demonic possession. Negative attitudes toward mental illness persisted into the 18^th century in the United States, leading to stigmatization of mental illness, and confinement of mentally ill individuals. As a society, we still have negative views of and oftentimes downplay the severity mental disabilities. In fact, I just watched an episode of the Bachelor where one contestant mocked another because she suffered from ADHD. I was disgusted by such a display of ignorance, but at the same time, was proud that mental health was being talked about on a such a widely televised platform.

I say that to say that although there are individuals who still have negative attitudes toward mental illness, it is no longer a taboo topic that we must be hush hush about. In 2021, approximately 19% of adults experienced a mental illness, which is equivalent to 47 million Americans. In addition, 7.67% of adults reported substance abuse disorders in 2021. Approximately 10.7 million or 4.34% of adults experienced severe suicidal thoughts in 2021. These are just the statistics for adults. Children also experienced high rates of depression, substance abuse, and suicidal thoughts.

Texas v. New York: Which state offers more protections to employees? The answer will not surprise you.

December 2, 2021 | Rob Wiley, P.C.

Dallas Employment Lawyer Fadi Yousef

It is no secret that in the past few years companies have been moving their principal places of business from progressive states, like California or New York, to Texas. Texas has been known as a “business-friendly” state, and for good reasons. Among other things, Texas has a healthy economy, a prime location in the center of the country, no state income tax, and affordable cost of living.

One major factor that doesn’t receive much publicity is Texas’s far less-restrictive labor & employment laws. After all, a company relocating thousands of its employees to work in Texas means a lesser risk of violating more restrictive laws in states like California or New York.

TEXANS: How are you doing? A bird’s eye view of 2020 and 2021.

March 12, 2021 | Rob Wiley, P.C.

COVID-19, virtual learning, social distancing, unemployment, civil unrest, the election cycle, and the winter apocalypse. What a decade. Right now more than ever, we need to hold tight to the concept of empathy. As we react to our individual challenges, it is important that we acknowledge and understand the challenges faced by others. We do not have to agree with one another. We do not have to embrace the same feelings or share the same perspective. We simply need to be there for each other during a time that requires isolation and physical distancing.

Within a matter of weeks, our world changed dramatically. Millions of children across the United States began their Spring Break with travel plans ahead, only for those plans to be cancelled and Spring Break to be extended well into the summer. Americans went into complete isolation. Nursing homes went on complete lockdown. Celebrations and vacations were cancelled. We have been urged to remain distant and isolated. We must wear a mask or be denied service. We are living in a unique time that presents unique challenges.