Dallas Employment Lawyer Blog

Texas Claims under the SEC’s Whistleblower Program

March 1, 2019 | Law Office of Rob Wiley, P.C.

Over the past few decades, government regulators have begun to keep a much closer eye on the conduct of those in charge at large corporations. However, regulators may not be privy to all the inner-workings of a corporation, and given the number of corporations and lack of available resources to ferret out the wrongdoers, corporate misconduct flew under the radar for years. More recently, however, the Securities and Exchange Commission (SEC) started the SEC whistleblower program, which relies on employee whistleblowers to report violations of U.S. securities laws.

Under the SEC whistleblower program, an employee who voluntarily reports information that assists the SEC in recovering amounts of more than $1 million is eligible for a financial award. The amount of the award ranges between 10% to 30% of the monetary sanctions collected by the government. These funds are paid out of a separate fund called the Investor Protection Fund, rather than with company proceeds.

To be eligible for a reward through the SEC Whistleblower program, a reporting employee must be able to show the following:

The information provided relates to a violation of U.S. securities law or relates to the bribery of a foreign official;
The information was provided voluntarily, and not in response to questioning or an investigation;
The information was based on personal knowledge, and not publicly available records; and
The information must result in a new investigation or significantly contribute to an existing investigation.

What Questions Can a Prospective Employer Ask During an Interview?

February 22, 2019 | Law Office of Rob Wiley, P.C.

As we’ve discussed in previous posts, federal discrimination laws prohibit employers from engaging in discriminatory conduct during employment. This also includes the pre-employment interview process. Employers cannot make a hiring decision based on a person’s age, race, religion, sex, national origin, or disability.

Sometimes, employers trying to gather as much information as possible about an applicant will rely on preconceived notions and stereotypes in doing so.

A few of the problematic questions employers routinely ask are:

whether an applicant is married, engaged, single, or divorced;
whether an applicant has any children and, if so, how old they are;
whether an applicant plans on becoming pregnant;
what an applicant’s spouse or boyfriend does for a living;
whether an applicant attends religious services and, if so, what days; and
the origins of an applicant’s last name.

Texas Employers Cannot Engage in “Quid Pro Quo” Discrimination/Harassment

February 15, 2019 | Law Office of Rob Wiley, P.C.

The Civil Rights Act of 1964 prohibits employers from discriminating on the basis of sex. Courts have long held that sexual harassment is a form of sex discrimination. Thus, employers who engage in sexual harassment or allow their employees to engage in such behavior without intervening violate Texas and federal anti-discrimination laws.

There are several types of sexual harassment. One of the most commonly seen type of sexual harassment is called “quid pro quo” harassment. Quid pro quo is a Latin term meaning to get something for giving something. In the context of a sex discrimination lawsuit, quid pro quo harassment occurs when a supervisor propositions an employee, typically for sexual favors, in exchange for some employment benefit. For example, a manager who makes an employee’s raise contingent upon the employee going on a date with the manager has engaged in quid pro quo harassment.

Quid pro quo harassment also occurs when an employee suffers some kind of adverse employment outcome for refusing an employer’s sexual advances.

The Intersection Between Title VII and the Equal Employment Opportunity Commission’s Rules Regarding Accent Discrimination

February 6, 2019 | Law Office of Rob Wiley, P.C.

Those who have immigrated to the United States have played a pivotal role in our nation’s success. Indeed, the goal of encouraging immigrants to assist in growing the United States’ economy was one of the reasons that Congress enacted the Civil Rights Act of 1964, specifically Title VII. Similarly, the Equal Employment Opportunity Commission (EEOC) was enacted as an omnibus bill designed to address discrimination beyond employment, focusing on voting, education, and public accommodations.The purview of Title VII and the EEOC intersect in many ways. Most recently, the EEOC has issued clarification regarding the scope of national origin discrimination when accent discrimination is alleged.

Title VII National Origin Discrimination

Title VII prohibits qualifying employers from discriminating against an individual because of their race, color, religion, sex, or national origin. Discrimination can take many forms, including failure to interview or hire, disparate compensation or benefits, or terminating an employee because of those enumerated characteristics. A Texas national origin discrimination claim can be appropriate in these situations.

The National Defense Authorization Act and the Protections It Provides to Texas Contractors and Employees

February 1, 2019 | Law Office of Rob Wiley, P.C.

The federal government has certain laws ultimately designed to prevent the misuse or waste of federal funds. Thus, to encourage federal employees to “blow the whistle” on those engaging in misconduct, lawmakers passed the Whistleblower Protection Act (WPA). Under the WPA, government employees who report certain acts of misconduct are protected from an employer’s retaliation.

For decades, the federal government has relied upon non-government private contractors to perform certain government functions. However, the WPA only applies to government employees. Thus, to extend the whistleblower protections of the WPA to private government contractors, Congress included certain protections in the National Defense Authorization Act (NDAA).

As noted above, the NDAA provides protections to private contractors hired by the federal government when they report waste, fraud, or abuse in federal government contracts and grants. The NDAA also covers whistleblowers who are employees of private contractors, as well as subcontractors and anyone else working on a government contract or grant.

When Must Texas Employers Offer Light Duty as a Reasonable Accommodation

January 25, 2019 | Law Office of Rob Wiley, P.C.

Under the Americans with Disabilities Act (ADA), employers are required to offer employees with disabilities reasonable accommodations that will provide them with the ability to apply for or perform the necessary functions of their positions. Employers will often attempt to shrug off this responsibility by claiming that providing the employee with a reasonable accommodation would cause the company to suffer an undue hardship. However, in order to prove an undue hardship and avoid a Texas disability discrimination claim, the employer must provide evidence showing that the accommodation would result in a significant expense or difficulty.Although employees may request a specific reasonable accommodation, employers may provide their own accommodations. The Equal Employment Opportunity Commission (EEOC) looks at various factors to determine whether the hardship is significant or whether the accommodation is appropriate.

When Is Light Duty Considered a Reasonable Accommodation?

Light duty is a malleable term that is applied differently depending on the employment setting. Broadly, light duty is considered to be a type of temporary or permanent work that is less strenuous than an employee’s normal job duties. Light duty can be applied in both physical and mental-health contexts, and it is relative to the particular position.

Are All Texas Employment Contracts Enforceable?

January 17, 2019 | Law Office of Rob Wiley, P.C.

When an employee begins work for a new employer, it is likely the employee will be asked to sign an employment agreement. A Texas employment contract acts as a guide to inform both the employee and employer of the other’s rights and obligations. Typically, an employment contract will include the terms of employment and the expectations of each party, as well as the available remedies if either party breaches the contract.

If an employee does not critically examine his or her agreement until after a problem arises, the employee may find themselves in a position where they are bound by what seems to be an unfair contract. For example, it may be that an employee discovers they are required to submit their claim through the arbitration process rather than pursue a claim in a court of law. Thus, the question often arises as to whether a Texas employment contract is enforceable.

Generally, Texas employment contracts are enforceable so long as they comply with the rules of contract formation. Simply stated, this means that a contract must be based on a mutuality of consent, involve the exchange of mutual consideration, and cannot be based on illegal activity. In addition, a contract is only valid if the parties have the mental and legal capacity to enter into the contract. However, even a contract that was validly formed can be deemed unenforceable by a court if the contract is unfair or one-sided.

What Is First Amendment Retaliation and How Can an Employee Bring a Claim of Retaliation?

January 10, 2019 | Law Office of Rob Wiley, P.C.

The First Amendment of the United States Constitution protects citizens’ right to free speech, assembly, and religion, among other things. However, not only does the First Amendment require people to be able to freely express themselves without fear of criminal repercussions, it also prohibits the government from taking other actions against them.

The First Amendment applies to all government actors, including public employers. In the context of Texas employment law, the First Amendment protects employees who express themselves in a manner that may be frowned upon by their employers. The idea behind retaliation claims is that the First Amendment would have little effect if people were afraid to exercise their rights due to the potential that they could be terminated or demoted.

There are three elements to a First Amendment retaliation claim. First, the activity or speech the employee engaged in must be protected under the First Amendment. This means comments or actions that are obscene, meant to incite violence or defame another will not likely be protected; however, most other speech is protected under the First Amendment.

Texas Paternity Leave: What Is Required of Employers and What Isn’t?

January 3, 2019 | Law Office of Rob Wiley, P.C.

Having a child, especially your first, is an exciting time but also one that presents seemingly endless questions and challenges. One of the most common concerns for all new parents is how to juggle their careers with the new responsibilities of being a parent to a newborn child. Inevitably, parents will have to figure out who will stay home with the baby, for how long, and what impact this will have on the family’s finances.

Over the past few decades, the traditional fixed gender roles of parents have progressed. This welcome change has recognized both a mother’s valuable role outside the home as a breadwinner, as well as a father’s role at home with the children. Along with this shift, lawmakers are beginning to address a father’s need or desire to stay home with his newborn baby and also to take care of the mother .

Texas, unfortunately, is somewhat behind the curve as it pertains to paid paternity leave. In fact, only a few states currently offer paid paternity leave. Of course, this does not stop an employer from offering paid paternity leave on their own. And if an employer chooses to make paid paternity leave available for some employees, it must be provided in a non-discriminate manner without regard to an employee’s age, race, or religion. Unpaid paternity leave is a different matter and is available to many Texas fathers under the federal government’s Family and Medical Leave Act (FMLA).

Employment Protections for Texas Veterans with Disabilities

January 2, 2019 | Law Office of Rob Wiley, P.C.

Veterans returning to the United States may face many challenges while trying to adjust to civilian life. Unfortunately, many veterans face employment discrimination, and they may have difficulty obtaining and maintaining employment. Often, employers are reluctant to hire individuals who suffer from disabilities related to their deployment. This can have startling consequences for the workforce, since almost a third of the 12 million veterans report having some type of disability.

In response to the rising reports of employment discrimination, Congress enacted the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). At its inception, the VEVRAA provided Vietnam veterans with protection against employment discrimination. Some common forms of employment discrimination veterans face are when an employer claims a job is no longer available, an employer states they do not want to hire veterans for fear of future deployments, an employer counts military leave against accrued vacation time, or an employer harasses or otherwise retaliates against a service member.

Although the name suggests otherwise, the VEVRAA protections apply to several categories of protected veterans. Protected veterans include those who were:

Released from active duty because of a service-connected disability or entitled to compensation under the Veterans Administration;
Recently released;
On active duty; or
Campaign or Armed Forces medal recipients.