Rachel Bethel Dallas
Trial Attorney
Although Texas is an “at-will employment” state, this doctrine has important limits, especially when it comes to your employee benefits.
Federal law protects workers from being targeted for their use of health insurance, retirement plans, and other benefits. That protection comes from ERISA, the Employee Retirement Income Security Act of 1974.
You may have seen headlines saying the Equal Employment Opportunity Commission (EEOC) has “rescinded” its workplace harassment guidance, especially guidance relating to LGBTQ+ employees. If that raised alarm bells for you, you’re not alone. Many Texas employees are wondering: Does this mean harassment is suddenly okay? Did my protections disappear?
The short answer is no. But the longer answer matters and understanding what actually changed (and what didn’t) can help you protect yourself at work.
What happened?
Around St. Patrick’s Day, conversations about drinking are everywhere. But when alcohol use becomes a medical issue, the legal questions are anything but lighthearted. Many Texas employees quietly ask the same thing: Can I lose my job for being an alcoholic?
The answer is more nuanced than most people realize – and it depends on what actually happened at work.
Is Alcoholism a Disability Under the ADA?
Dallas Employment Trial Lawyer Cassidy Monska
Across the country, nurses are taking action in ways the public has not seen in years. News headlines often describe these strikes as pay disputes, but nurses consistently tell a different story. The real issue is safety. Unsafe staffing. Unsafe patient loads. Unsafe working conditions that place both patients and employees at risk. Nurses are speaking out because caring has become unsafe, and they are being pushed past the point where quiet endurance is possible.
For years, nurses were told that chronic staffing shortages were temporary. They were asked to hold on until the next hiring wave or the next budget cycle. Instead, the environment inside many hospitals has grown even more strained. Nurses are regularly responsible for more patients than they can safely manage. Overtime becomes the rule rather than the exception. Breaks disappear. New nurses leave the profession within months, and experienced nurses shoulder more responsibilities with fewer resources. Many report working entire shifts without time to chart properly, hydrate, or use the restroom. This is not sustainable for anyone, and it certainly is not safe.
Rachel Bethel Dallas
Trial Attorney
No one wants to discover that their employer is knowingly defrauding the government. That sounds frightening, both to discover it and to figure out what to do about it. You might feel torn between doing the right thing and protecting your livelihood. Fortunately, federal law provides a powerful tool for workers who take action and report fraud against taxpayer-funded programs.
The False Claims Act (FCA) is aimed at addressing fraud on the U.S. government, which is surprisingly rampant. It protects workers who blow the whistle as well.
It is February, and the holy month of Ramadan is about to begin for Muslims. Ramadan is one of the five pillars of Islam wherein a Muslim will fast from sunup to sundown. Yes, that includes not drinking water. And yes, there are exceptions, such as for those who are elderly, chronically ill, or pregnant. And in case you were curious, it moves up about two weeks every year because it follows the Islamic calendar, which is different than the Gregorian calendar that the international community uses.
The First Amendment guarantees the right to freedom of religion in the United States, meaning the government cannot persecute those in the United States for their religions, and Title VII of the Civil Rights Act of 1964 provides workers with protections against discrimination for their religion in the workplace. But what exactly are these protections?
Title VII protects employees against hateful language in the workplace regarding their religion, or differential treatment for their religion. It protects workers against employers who do not wish to hire them due to their religion, or who segregate people in the workplace based on religion. These are not exhaustive examples, but just common scenarios employment lawyers may see.
Summary: This blog briefly goes over the “adverse action” standard in Texas and some recent changes in the law in that area. It then focuses on the question of whether you should wait for an adverse action to happen before talking to a lawyer about your rights.
Roughly speaking, employment law in Texas is centered around what are called “adverse actions”: you can seek legal redress from your employer if you can identify some harm it caused to the terms or conditions of your employment. Of course, that is separate from the critical question of why the employer did what it did, and whether that why was illegal.
I previously wrote a blog on how Texas employees no longer need to prove they suffered an “ultimate employment action” or financial harm to establish they were discriminated against. And retaliation claims are subject to an even lower bar for adverse actions, requiring only the employee show the employer took a “materially adverse” action that would (or could) dissuade a reasonable person from engaging in legally protected activity.
This blog explains the role Human Resources actually plays in the workplace, why HR is not an employee advocate, and why Texas employees should still report workplace issues while protecting themselves through documentation and realistic expectations.
Blog Text:
Many employees believe Human Resources exists to help them, which is a totally understandable assumption. HR is the go-to for employees with just about any workplace question and is often presented as a neutral resource. But when a serious workplace issue arises, such as discrimination, harassment, or retaliation, employees often discover that HR’s role is not what they expected.
Dallas Employment Trial Lawyer Cassidy Monska
“I Didn’t Do That!” – The Reality of Defamation Cases in Texas
When someone spreads false information about you, whether to potential employers, customers, or colleagues, it feels deeply personal and damaging. The instinctive reaction is often: “That’s defamation! I’ll sue!” But in Texas, defamation cases are far more complex than most people realize. What seems like a straightforward claim often turns into a legal uphill battle.
Dallas Employment Trial Lawyer Riley Carter
Employees are often asked to provide personal information as part of the hiring process or during their employment. While employers do have the right to collect certain information, that right is not unlimited. Federal and state laws strictly regulate what employers may request, when they may request it, and how that information may be used.
Understanding these boundaries is critical for employees who want to protect their rights.
Dallas Employment Lawyer Blog