Dallas Employment Lawyer Blog

Blessed Are the Informed: Employee Rights in Religious Workplaces

October 10, 2024 | Robert J. Wiley

The intersection of faith, employment law, and personal rights creates a unique landscape for employees in religious institutions. While the First Amendment’s protection of religious freedom is paramount in American society, it doesn’t grant religious employers carte blanche to disregard employment laws or employee protections. For those working within religious organizations, understanding and protecting your rights is crucial.

It’s a common misconception that employees of religious institutions are without rights. In reality, many standard labor laws still apply, despite some exceptions for religious organizations. Federal anti-discrimination laws prohibit discrimination based on race, color, national origin, sex, and disability, even within religious institutions. However, these organizations may have some leeway when it comes to religious discrimination, particularly in hiring practices for roles central to their religious mission.

One of the most significant legal concepts affecting employees in religious institutions is the “ministerial exception.” This doctrine, which originated from the U.S. Supreme Court’s 2012 decision in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, exempts religious organizations from certain employment laws when dealing with employees who serve in ministerial roles. The Court recognized that the First Amendment’s religion clauses prevent the government from interfering with a religious group’s decision to fire one of its ministers.

Are employers trying to make at-will employment a one-way street?

September 5, 2024 | Robert J. Wiley

This article tries to put workers on notice that employers are increasingly trying to set up situations where they can fire employees at any time and for any reason, but the employees are not allowed to seek work elsewhere without their boss’s say-so. This could result in workers being essentially trapped in their jobs against their will.

Texas is an at-will employment state. What that is supposed to mean is that (barring some specific legal violation) employers can fire an employee or any reason or no reason, and an employee can quit for any reason or no reason. For all practical purposes, there is a presumption of at-will employment in Texas. And nominally the 13th Amendment, which bans slavery, also prevents employers from forcing (non-prisoner) employees to work for them. However, in the last several years there have been increasing instances of employers trying to make at-will employment a one-way street—namely, that they can fire employees for any reason or no reason, but employees can’t leave without their employers’ permission.

Probably the most common way employers have started to do this is through non-compete agreements. As we have written about before, in Texas a non-compete is supposed to be limited to reasonable restrictions on professional activity, within a reasonable geographic limit and duration. It is also supposed to be limited to protecting a legitimate interest of the employer. However, employers often try to write non-competes as vaguely and broadly as possible, so that virtually anywhere an employee might work anywhere in the world (unless it’s a totally different industry that the employee would not be qualified for) could conceivably violate the agreement. That way, the employer can mandate that all their employees agree to non-competes (often after the employees have already been working for a while) and then use the agreements as a scare tactic—regardless of whether a court would ultimately enforce the terms—to discourage employees from leaving on pain of financial ruin. Employers may try to “make an example” of a few employees to try to develop a reputation for throwing the book at anyone who leaves and stays in the same industry, to keep others in line.

Why AI can’t give you real legal advice

August 5, 2024 | Robert J. Wiley

Summary: AI is an amazing tool, but its use in the legal field is limited. This article cautions against people—lawyers or non-lawyers—becoming reliant on AI that fundamentally is not intelligent or able to meet the ethical standards of giving legal advice.

To say “Artificial Intelligence” is one of the hottest topics in today’s society is probably an understatement. From Google now putting AI-generated results first for most internet searches, to the creation of AI “assistants” to help write emails, to media companies having AI draft press releases or even full news articles, you probably see AI-generated language every single week.

There’s quite a mystique around the concept, but modern AI is most definitely not like in the movies. “Generative” AI is not intelligent at all—it is basically just a computer algorithm (or several algorithms) capable of sorting through large amounts of text or images relevant to a user’s prompt to create a response based on the data it has access to. In other words, you can ask it for something, and it searches the internet or some database to put together a response. The fact that it is using information put together by humans makes it able to write responses that appear to be written by a human as well.

Understanding Legal Ethical Rules on Taking Legal Costs Out of Client Settlements

August 1, 2024 | Riley Carter

Dallas Employment Trial Lawyer Riley Carter

When clients settle their legal disputes, the way legal fees are handled can significantly impact their financial outcome and trust in their attorney. Legal ethics play a crucial role in guiding how lawyers manage and deduct costs from settlements. Let’s delve into the ethical rules and considerations surrounding this practice to ensure that legal professionals maintain transparency, fairness, and compliance with established standards.

The Ethical Framework

A Texan’s Guide to Unemployment Benefits

August 1, 2024 | Robert J. Wiley

Unemployment benefits provide crucial financial support to individuals who have lost their jobs. Understanding how to navigate the Texas Workforce Commission (TWC), the appeal process, and the distinction between being fired for work-related misconduct versus other reasons can significantly impact Texas employees’ eligibility and benefits.

In Texas, the Texas Workforce Commission administers unemployment benefits, determines an employee’s eligibility, and processes unemployment benefit claims.

Applying for Unemployment Benefits

The Muldrow decision might spell the end of the “severe or pervasive” standard for hostile work environments claims.

June 4, 2024 | Robert J. Wiley

Summary: This article discusses a possible future application of the reasoning in Muldrow v. St. Louis, by comparing that case to past decisions that set up the “severe or pervasive” standard.

I previously wrote about the U.S. Supreme Court’s decision in Muldrow v. City of St. Louis, in which the Court made it clear that discrimination is unlawful as long as it causes “some” harm. A plaintiff does not have to meet some arbitrary bar of “significant” harm just to bring their case. Any disadvantageous change in the “terms, conditions, or privileges of employment,” if done for an unlawfully discriminatory reason, violates Title VII. This article explores one area, hostile work environment claims, where Muldrow’s reasoning could also apply.

The Muldrow decision was specifically about transfers, and logically it is clear that it covers other types of adverse actions that affect terms or conditions of employment. What is somewhat murkier is whether its reasoning extends to situations without a single clearly defined adverse action, such as a hostile work environment. In Texas, a federal court in Dallas just looked at this issue in Zuniga v. City of Dallas, No. 3:23-CV-2308-D (N.D. Tex. May 28, 2024). Unfortunately, in that case the court decided that because the standard for a hostile work environment had been “high” in prior cases, and Muldrow did not specifically address the issue, it did not apply. In my view, the reasoning in Zuniga is exactly the sort of reasoning that Muldrow already rejected.

Furry Colleagues: The Legal Implications of Bringing Pets into the Workplace

May 17, 2024 | Riley Carter

Dallas Employment Trial Lawyer Riley Carter

In recent years, the concept of bringing pets into the workplace has gained significant traction. For many, having their furry companions by their side during the workday brings a sense of comfort and alleviates stress. However, while the idea may seem simple and appealing, there are various legal considerations that both employers and employees need to take into account before implementing a pet-friendly policy in the workplace.

Health and Safety Regulations

Understanding Gaslighting in the Workplace: Recognizing Manipulation and Protecting Yourself

May 9, 2024 | Robert J. Wiley

Dallas Employment Trial Lawyer Rob Wiley

Gaslighting is a term that has gained prominence in discussions about psychological manipulation and emotional abuse, particularly in interpersonal relationships and professional settings. Coined from the play and subsequent films titled “Gas Light,” where a husband deceives his wife into questioning her reality, gaslighting describes a methodical strategy to undermine someone’s perceptions, memories, and sense of self.

In the workplace, gaslighting can be especially insidious, often leading to confusion, self-doubt, and emotional distress for the victimized employee. This is a particular problem for Texas employees.

21 and 7: Magic Numbers for Employees Over the Age of 40

May 9, 2024 | justia.admin

Dallas Employment Trail Lawyer Harjeen Zibari

After signing a severance agreement, employees are understandably eager to be paid the funds they are owed. That’s why many employees are often frustrated to hear that they will not be paid immediately signing a severance. For workers over 40, there’s a very specific legal reason for this.

The Older Workers Benefit Protection Act (OWBPA) and the Age Discrimination in Employment Act (ADEA) are two significant pieces of legislation in the United States aimed at protecting older workers from discrimination in the workplace. When it comes to severance agreements, both laws have specific requirements that employers must adhere to that mean a delay in payments:

The Advantage of Hiring a Board-Certified Attorney: Expertise, Trust, and Success

May 2, 2024 | Deontae Wherry

Dallas Employment Trial Lawyer Deontae Wherry

In the dynamic world of business, having the right legal team can mean the difference between success and setbacks. When it comes to protecting your interests and navigating complex legal challenges, nothing beats the expertise and specialization of board-certified employment attorneys. Here’s why investing in a board-certified employment attorney is advantageous for you:

Expertise and Specialization