Areyana Gilbert
Houston Employment Trial Lawyer Areyana Gilbert

This blog explores the contours of The Family and Medical Leave Act (FMLA) and its two different types of leave. It also highlights the intersection of employee and employer obligations as well as potential violations on behalf of the employer. FMLA is a federal law enacted in 1993 that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. The FMLA is designed to help employees balance work and family responsibilities while maintaining job security. There are two primary types of FMLA leave: intermittent and continuous. Understanding these types, the certification requirements, and how employers may potentially violate employees’ FMLA rights is essential for both employees and employers.

Continuous vs. Intermittent FMLA Leave

Continuous leave refers to an extended period of time away from work without interruption. This is typically used when an employee experiences a serious health condition, undergoes surgery, or is caring for a family member with a condition that requires consistent attention over a period of weeks or months. For example, an employee who needs six weeks off for recovery following childbirth would use continuous leave.

Intermittent leave, on the other hand, is taken in separate blocks of time due to a single qualifying reason. It can include taking leave for a few hours or days at a time for medical appointments, flare-ups of chronic conditions, or ongoing treatment. For example, an employee with a condition such as migraines or asthma may need to take a few hours or days off sporadically. Intermittent leave can also be used for planned treatments such as physical therapy or chemotherapy.

Employers must accommodate intermittent leave if it is medically necessary. However, they may require that employees make reasonable efforts to schedule leave to minimize disruption. When intermittent leave is unpredictable, employers may find it more difficult to manage staffing, but the law still protects the employee’s right to take such leave.

Medical Certification and Recertification

To qualify for FMLA leave, an employer may require the employee to submit a medical certification from a healthcare provider. This form verifies the serious health condition of the employee or their family member and is crucial for the approval of FMLA leave. The employer must give the employee at least 15 calendar days to obtain and return the completed certification.

Recertification may be required by the employer under certain conditions:

  1. Every six months: An employer may request recertification every six months in connection with an absence, even if the original certification indicated a longer duration.
  2. Changed circumstances: If the employee’s pattern of absences or the duration/frequency of leave deviates from what was originally certified, the employer may request recertification.
  3. Doubt of validity: If there is reason to doubt the legitimacy of the original certification, the employer may request a second or third opinion at their own expense.

Employers are not allowed to request recertification more often than allowed by law, and they must respect the privacy and dignity of the employee throughout the process.

Violations of Employee Rights

FMLA protects employees from retaliation or interference with their rights. Common ways employers may violate the FMLA include:

  • Denying leave to an eligible employee.
  • Failing to reinstate the employee to the same or an equivalent job after leave.
  • Retaliating against an employee for requesting or taking FMLA leave, such as by reducing hours, assigning less favorable tasks, or terminating employment.
  • Discouraging employees from taking leave or requiring unnecessary documentation.
  • Improper handling of certification: such as demanding excessive medical details, denying leave due to incomplete forms without allowing time to correct, or contacting the employee’s doctor directly without proper procedures.

Employees who believe their FMLA rights have been violated can file a complaint with the U.S. Department of Labor or pursue legal action.

In conclusion, understanding the differences between intermittent and continuous FMLA leave, the requirements for medical certification and recertification, and the protections afforded under the law is critical. Employers must handle FMLA requests with care and legality, while employees should be aware of their rights to ensure fair and lawful treatment in the workplace. If you think your rights have been violate dunder the FMLA, please contact an employment law attorney. 

Madeline Garza
Houston Employment Trial Lawyer Madeline Garza

Within employment law, the terms “hostile workplace” “harassment” and “hostile environment” often evoke images of a bully boss or inappropriate jokes. These types of situations are not uncommon. A majority of people can look at a past or current job that has created an environment that is intolerable.  With this being said, the biggest questions we get asked are “isn’t this unlawful?” and “when can I do something about this?” While conditions may walk that line of being intolerable, it does not automatically give rise to a legally actionable claim. 

On July 2, 1964, the federal government passed the Civil Rights Act of 1964. Passing of this act generated over five hundred hours of debates and five hundred amendments. One section of the act, Title VII, was created to prohibit employment discrimination. The Act prohibits employment discrimination based on race, sex, color, religion and national origin. It applies to private employers that have over fifteen employees, labor unions and employment agencies. The Act prohibits discrimination in recruitment, hiring, wages, assignment, promotions, benefits, discipline, discharge, layoffs and almost every aspect of employment. 

In 1967, Congress passed the Age Discrimination in Employment Act (ADEA), protecting individuals who are between 40 and 65 years of age from discrimination in employment. This Act solidified a failed amendment to Title VII, which would have included age in that act.

Then, in 1990, the American with Disabilities Act (ADA) was passed, making it the world’s first comprehensive civil rights law for people with disabilities. This prohibits employment discrimination against people with disabilities.

For a hostile work environment to be unlawful under laws such as Title VII of the Civil Rights Act, the ADEA,  the ADA, and their state counterparts, such as the Texas Labor Code, the hostility must be tied to the employee’s membership in a protected class. A hostile work environment exists when an employee is subjected to unwelcome conduct that is so severe or pervasive that it alters the conditions of employment and creates an abusive working atmosphere. However, the law does not serve as a general civility code. Instead, it targets conduct that is discriminatory in nature—meaning it is based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability, or genetic information. 

So, what does that entail? It means, a manager or coworker can be rude, difficult, and offensive, but if it is not due to a protected class, according to Federal and Texas law, it is not unlawful. 

Examples of a hostile workplace that is protected by federal and state laws include: offensive, discriminatory jokes or comments; unwanted contact, assaults or threats; ongoing microaggressions based on a protected class; exclusionary practices or behaviors toward a certain demographic; and targeting work product. 

Further, anti-discrimination laws prohibit harassment and targeting against employees who file a charge of discrimination, participate in an investigation or lawsuit regarding anti-discrimination laws, or oppose employment practices that they reasonably believe discriminate against individuals. This is considered protected activity. 

Additionally, the harasser can be the victim’s supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee. Also, the victim does not have to be the person harassed, it can be anyone affected by the offensive conduct.

Understanding the legal boundaries of hostile work environment claims is essential for both employees and employers. Employees must recognize that not all workplace mistreatment is legally actionable, and that the key to a successful claim lies in demonstrating a connection to a protected class. Employers, on the other hand, must ensure that their anti-harassment policies are not only in place but also enforced consistently and effectively.

If you feel like you have been discriminated against or subjected to a hostile workplace environment, please take some time to schedule a consultation with us to ensure your rights are protected.

https://www.eeoc.gov/summary-key-provisions-eeoc-enforcement-guidance-harassment-workplace
https://www.eeoc.gov/harassment

https://www.eeoc.gov/history/eeoc-history-law
https://www.wiley-wheeler.com
https://www.wiley-wheeler.com/lawyers/madeline-garza
Kalandra Wheeler
Kalandra Wheeler is a Board Certified Austin employment lawyer.

In the world of office politics and endless Zoom calls, raising concerns can be intimidating. But sometimes, doing the right thing means stepping forward—especially when the law is on your side.

So, When Does Speaking Up Become Legally Protected?
Whistleblowing: What It Really Means

Whistleblowing is the act of reporting illegal or dangerous behavior in the workplace. It’s not about stirring the pot—it’s about standing up for what’s right and safe.

Here are some situations where reporting is not only the right thing to do—it may also be protected by law:

  • • Fraud (like falsifying financial records or keeping fake employees on payroll).
  • • Harassment or discrimination that violates the law.
  • • Workplace safety violations (like equipment that could genuinely hurt someone).
  • • Wage theft (not being paid properly for overtime).

Laws That Protect People Who Raise Concerns

The law often protects employees who report serious problems at work. Here are a few important ones:

  1. 1. OSHA – Protects workers who report unsafe working conditions.
  2. 2. Sarbanes-Oxley Act – Offers protections for employees who report corporate fraud in publicly traded companies.
  3. 3. Dodd-Frank Act – Covers financial wrongdoing, including securities fraud, and may even provide financial rewards for certain reports.
  4. 4. Title VII of the Civil Rights Act – Protects those who report unlawful workplace discrimination or harassment.

Not Everything Counts as Protected Whistleblowing

While it’s always okay to express your concerns, not all complaints are protected by whistleblower laws. The key factor is whether the issue you’re reporting involves illegal conduct where reporting that conduct is also protected under the law. Just because something feels unfair or frustrating does not mean that an employee is protected from retaliation when reporting the behavior.

Here are some examples of what may not be covered:

  • • A coworker’s questionable lunch choices.
  • • A teammate who talks too loud during meetings.
  • • General disagreements with management decisions.
  • • Office favoritism that’s unfair but not unlawful.

Understanding Retaliation

If you report something illegal and then face negative consequences because of it, that could be unlawful retaliation. Examples include:

  • • Getting reassigned to worse shifts.
  • • Being passed over for promotions.
  • • Exclusion from important meetings or projects.
  • • Sudden changes in responsibilities or performance reviews.

If This Sounds Familiar—You May Have a Legal Claim

How to Speak Up Thoughtfully and Safely

  1. 1. Talk to a Professional First
    Before going straight to HR, consider speaking with an employment attorney. They can help you understand whether the issue you’re seeing is legally protected and what your rights are.
  2. 2. Follow the Right Process
    Some laws require reports to go to specific people or agencies. For example, in Texas, a public employee must report to a proper law enforcement agency to be protected under the Texas Whistleblower Act. Knowing the right channel matters.
  3. 3. Know Your Rights and Be Prepared
    Whether your complaint is protected or not, it’s wise to document your concerns and understand your options. If you ever need to take action, being prepared can make all the difference.

Final Thoughts: It’s About Integrity

Raising concerns in the workplace takes courage. Whether you’re addressing safety issues, unlwful discrimination, or fraud, you’re doing something important—not just for yourself, but for your coworkers and your organization.

People who speak up about wrongdoing are not troublemakers—they’re individuals who care enough to take action. And in many cases, the law recognizes and protects that bravery.

If you’re thinking about raising a concern and aren’t sure what protections apply, we have employment lawyers available for consultation to discuss those concerns and to help you understand your rights.

Rachel Bethel
Austin Employment Trial Lawyer Rachel Bethel

Being part of a mass layoff can be a devastating, shocking experience. 

Employees often have questions. “Was this legal?” “Am I getting paid at all?” “Is there any recourse for me?”

This blog outlines some key rights and considerations that workers should be aware of when facing a mass layoff here in Texas.

1. The WARN Act – Advance Notice Requirements

One of the most important protections for workers affected by mass layoffs comes from the Worker Adjustment and Retraining Notification (WARN) Act. This is a federal law that requires certain employers to provide:

  • At least 60 days’ advance written notice of a mass layoff 
  • Generally applies to companies with 100+ employees (typically counting only those who have worked for the company for more than 6 of the last 12 months)
  • Applies when 50+ employees at a single site will be laid off 

If your employer fails to provide this notice, you may be entitled to up to 60 days of back pay and benefits.

Some states have their own “Mini-WARN” laws that are stricter than the federal version (e.g., New York, California, New Jersey). Texas does not have its own version of the WARN Act.

2. Severance Pay 

There is no law that requires severance pay. However, your right to a severance may come from a company policy, employment contract, or union agreement.

Even if not required, many employers offer a severance in exchange for signing a release of claims. Consider requesting additional time to review the agreement instead of accepting right away.

Also note that if you receive severance pay, it may impact your ability to obtain unemployment benefits in Texas.

Consult an attorney if you have questions or concerns about this.

3. Health Insurance: COBRA Coverage

After termination, you may have the option to continue your group health insurance under COBRA:

  • COBRA allows you to continue your existing health plan for up to 18 months
  • You’ll typically pay the full premium yourself (often significantly more expensive than during employment)

Look for your COBRA notice in the mail. Don’t ignore it & don’t forget to look for it.

4. Unemployment Benefits

You may be eligible for unemployment benefits after a mass layoff. File promptly with your state unemployment office. 

Note that your Texas unemployment benefits may be delayed based on whether you are receiving pay upon your termination. 

5. Age Discrimination Protections (OWBPA)

If you are 40 or older, and your employer (with 20+ employees) asks you to sign a release of claims (e.g., in exchange for severance), the Older Workers Benefit Protection Act (OWBPA) can offer extra protections, including:

  • At least 21 days to review the agreement (or 45 days in a mass layoff)
  • At least 7 days to revoke it after signing
  • A written agreement in plain language, not complex “legalese”

6. Discrimination or Retaliation Concerns

Even in a mass layoff, employers cannot target individuals based on protected characteristics.

If you believe you were selected unfairly, you may want to consult one of our Texas employment lawyers to discuss this further. 

7. Thoroughly Review Any Waivers or Releases

Most severance agreements include language that waives your right to sue your employer. Don’t sign without understanding:

  • What rights you are giving up
  • Whether the compensation offered is fair
  • If you should negotiate for better terms 

This is a good time to contact an attorney to help you read through and understand what the agreement entails. Once signed, these agreements are often final.

We’re Here to Help

Mass layoffs can feel overwhelming. Knowing your rights will help you make more informed decisions. 

If you have questions about your company’s layoff, feel free to contact one of our Texas employment attorneys. 

Thomas Brockland
Austin Employment Trial Lawyer Thomas Brockland

When you work, what you get paid is usually the most important thing. What many people miss is that it’s just as important to consider how you get paid.

Generally, every Texan who works does so as one of two types of worker: employee or independent contractor. You might also hear people say “W-2” or “1099” workers, based on the tax forms these workers get for tax time every year. Employees get a W-2, and independent contractors only get a 1099. This is a distinction with a very big difference for every Texas worker.

Independent contractors are not covered by many of the protections that regular employees have under federal and Texas law, including freedom from discrimination or retaliation, protected medical leave, minimum wage, overtime, and unemployment benefits. But one of the biggest issues is how much you pay in taxes and when you pay them. If you have ever been an employee and seen your paystubs or your W-2, you may know that your employer withholds a few types of taxes from your paycheck and reports the total for the year on your W-2. Aside from income tax, you might have seen Medicare and Social Security taxes. Those two taxes are half of what are referred to as “FICA” taxes, after the Federal Insurance Contributions Act. Who pays the other half? The employer!

But what happens if you’re an independent contractor? If someone pays you as an independent contractor and gives you a 1099, they don’t pay a cent in extra FICA taxes—you do. You’re considered self-employed and pay the self-employment tax, or “SECA” taxes, after the Self-Employed Contributions Act. This tax is the same as both halves of FICA taxes. And instead of having your taxes withheld every paycheck, independent contractors have to pay all of their taxes out of their own pockets, usually every quarter as estimated taxes. If your employer is treating you like an employee but paying you like an independent contractor, you might be paying their taxes for them!

How do you know if you’re supposed to be an employee or independent contractor? Texas uses a common law test often referred to as the “right to control” test. What matters for Texas workers is whether your employer has the right to control when you work, how you work, what you work on, and more. For example, the Texas Workforce Commission uses the common law test with 20 different factors. The IRS uses a similar test.

Does your employer say you’re an independent contractor? Do you get a 1099 at tax time? Take a look at these factors and count how many you say yes to:

  1. Does the employer give you instructions?
  2. Do you get training?
  3. Is your work part of the employer’s business operations?
  4. Do you do your work personally?
  5. If you have helpers, does the employer pay them?
  6. Do you continue working for the employer month after month?
  7. Does the employer set your hours of work or your schedule?
  8. Does your employer make you work full-time?
  9. Does the employer control where you work?
  10. Does the employer control how you work?
  11. Do you have to submit progress reports?
  12. Are you paid regularly, like by the hour or by the week?
  13. Does the employer reimburse your expenses?
  14. Does the employer give you tools and equipment to get the job done?
  15. Do you have little or no investment in the employer’s business?
  16. Do you only get paid for your work, and not get profit or loss from the business?
  17. Do you work for one employer at a time? Even more, does your employer stop you from working with a competitor?
  18. Do you only make your services available to the public through the employer?
  19. Can the employer fire you at any time?
  20. Can you quit at any time?

If you count a lot of “yes,” but your employer says you’re an independent contractor, you might be misclassified! This can affect your rights and protections under federal and Texas law, as well as how much you pay in taxes and when.

Austin employees who are concerned about being misclassified should contact my office, Austin Employment Lawyers, P.C. The attorneys at Austin Employment Lawyers, P.C., represent employees in Austin and across Texas who have been misclassified by their employers as independent contractors. We also represent Austin employees and Texas employees who face issues that misclassification makes harder, like discrimination, retaliation, unpaid wages, and unpaid overtime.

For more information or to schedule a consultation, please visit our website or call us at (512) 271-5527.

Madeline Garza
Houston Employment Trial Lawyer Madeline Garza

Every odd-numbered year, the Texas Legislature meets to pass a two-year state budget and laws in a 140-day session that starts in January. Outside of the regular legislative session, the governor can call for a special session, that can last for up to 30 days outside of the regular session period. For Texans, staying informed about the legislative session is not just a matter of civic duty; it is essential for understanding and influencing the policies that govern our workplaces and professional lives.

The decisions made during the legislative session have profound implications for employment law in Texas. The laws passed can affect workplace regulations, employee rights, and employer responsibilities. For example, bills that have been filed this regular session include minimum wage requirements, workplace safety regulations, and anti-discrimination polices. By staying informed, residents can understand how these changes will affect their professional lives and ensure that their rights are protected.

The journey of a bill becoming a law is long. Before a bill becomes a law, it goes through an extensive process in both the House and Senate. After a bill is filed, it must be referred to a committee where the bill was introduced. Then, the committee chair has the power to decide which bills in the committee will be considered, providing an open hearing for public testimony. After, the committee can choose to push the bill to rest of the house or senate to debate on the legislation. 

The majority of bills die in the committee, not getting an opportunity to be considered. After a debate occurs on the bill, a majority vote must occur, twice, for it to pass its respective chamber. Once it passes the original chamber, it is then referred to the other chamber where it goes through the process all over again. It is not until both the house and senate agree on the bill, including any changes that occur, that it is sent to the governor’s desk to be signed into law. 

March 14, 2025, was the filing deadline for the 89th Regular Legislative Session. This session saw a historic high of bills and joint resolutions filed, with 8,898 total filed, compared to the 88th Regular Legislative Session where 8,153 bills and joint resolutions were filed. Of the 8,898 bills and joint resolutions filed, as of March 18, 2025, 4,334 were referred to committee. 

It is vital to stay up to date about what bills are being considered and voted on. Not only does it impact the day-to-day livelihood of residents, but  it is also important to know what your representatives are filing and voting on. Texas residents have the right to voice our opinions, advocate for our interests, and hold our elected officials accountable. By staying informed about proposed employment laws and legislative debates, you have the ability to find communities and groups supporting your beliefs. This active participation ensures that lawmakers consider the diverse perspectives and needs of their constituents, particularly in the realm of employment law.

Following the legislative session also provides an opportunity to influence policy decisions. Legislators rely on input from their constituents to make informed choices. By staying informed and engaged, Texans can advocate for employment policies that align with their values and priorities. Whether it is supporting fair labor practices, advocating for workplace safety regulations, or promoting equal employment opportunities, citizens can play a crucial role in shaping the employment laws that govern their state.

In today’s digital age, accessing information about the legislative session is easier than ever. The Texas Legislature’s website provides comprehensive resources, including bill tracking, committee schedules, and live streaming of sessions. News outlets, advocacy organizations, and social media platforms also offer updates and analysis. By utilizing these resources, residents can stay informed about the latest developments in employment law and make informed decisions about their involvement.

The state legislative session in Texas is a pivotal period that shapes the future of the state and its residents, especially in the realm of employment law. By staying informed and engaged, Texans can understand the legislative process, influence policy decisions, and participate in the democratic process. Access to information and community awareness are key components of this engagement. Ultimately, following the legislative session is essential for ensuring that the employment laws enacted reflect the diverse needs and values of all Texans. As citizens, it is our responsibility to stay informed, advocate for our interests, and hold our elected officials accountable.

https://tlc.texas.gov/docs/billprocess/BillProcessHouse_Final.pdf

https://www.texastribune.org/2025/01/13/texas-legislature-2025-bills-laws-how-works

https://lrl.texas.gov/whatsNew/client/index.cfm/2025/3/18/Bill-Filing-Deadline-Statistics-89th-Legislature

https://capitol.texas.gov/billlookup/BillNumber.aspx

https://www.wiley-wheeler.com

https://www.wiley-wheeler.com/madeline-garza.html

Rachel Bethel
Austin Employment Trial Lawyer Rachel Bethel

In today’s polarized times, more and more employees are wondering whether there is such a thing as discrimination based on political beliefs. The short answer is: it depends.

The law around whether “political affiliation discrimination” in the workplace is even “a thing” varies. Factors include whether you work in the private sector, your state’s laws, and the specific facts of your case. Let’s break down what you need to know.

What Does the Federal Law Say? 

Unlike race, sex, religion, national origin, age, or disability—categories protected under federal anti-discrimination laws—political affiliation is not a federally protected class. This means, in most cases, federal law won’t offer protection for an employee who has been subjected to adverse actions based on her political beliefs. 

Do Any States Offer Protections?

Some do, and their protections vary widely. 

For example, New York prohibits discrimination against those who engage in political activities outside of work—without the use of the employer’s property or equipment. 

The District of Columbia specifically provides protection against discrimination based on political affiliation. 

Other states, like Texas, do not offer protections for private-sector workers. If you’re a private-sector employee in Texas, you can be discriminated against for your political views—unless there is some other contour to the story that may render the adverse actions unlawful nonetheless. There is no statewide law in Texas prohibiting discrimination for political activity outside of work hours either.

What Should You Do If You’re Targeted?

If you believe you’ve been treated unfairly because of your political beliefs, here’s what you can do:

  1. Know where the evidence is: Identify emails, messages, notes, or conversations that support your concern.
  2. Check your employee handbook: Check to see whether any of this is addressed in the handbook, including whether political activity outside of work hours is addressed. 
  3. Consult a Dallas employment attorney: An attorney can help you understand whether there are any cognizable claims available to you—apart from the political affiliation issue.
  4. Don’t act impulsively: Resigning without consulting a lawyer can materially impact your legal options.

If you’re unsure of your rights, speak with a qualified employment attorney. It’s always better to understand your options as early as possible—especially when your job is on the line.

Remember, You Hired a Lawyer for a Reason

Kalandra Wheeler
Kalandra Wheeler is a Board Certified Austin employment lawyer.

Hiring an attorney and then ignoring their legal advice is a bit like calling a mechanic, asking what’s wrong with your car, and then driving off a cliff because you had a better idea. Spoiler alert: it doesn’t end well.

It’s not just unwise, but potentially very costly to pay for legal expertise and then refuse to use it.

1. You’re Paying for Expertise — So Use It

Attorneys don’t just wake up one day knowing the law — they spend years in school, pass grueling exams, and then survive the daily chaos of legal practice to build the kind of experience you can’t Google. The law is a moving target, and good lawyers stay sharp so you don’t have to. So when you hire one, you’re getting way more than someone who can quote statutes — you’re getting a strategist who’s been around the block. Ignoring their advice? That’s like hiring a personal chef and then asking for the drive-thru menu. You’re not just wasting money — you’re missing the whole point of having an expert on your side.

2. Legal Strategy Is a Game of Chess, Not Checkers

Skilled attorneys don’t just focus on the immediate details of your case — they step back and see the entire board. They assess the risks, anticipate the other side’s strategy, and craft a plan that positions you for the best possible outcome. When you ignore that advice because you think you know how it’ll play out, you’re essentially playing checkers on a chessboard. And in the legal world, the stakes are far higher — and the consequences are very real.

3. The Players Can Tell When You’ve Gone Rogue

Refusing to follow legal advice often results in erratic or misguided behavior — making impulsive decisions, saying the wrong things, or acting in ways that undermine your position. And trust this: the other side will notice. When it becomes clear you’ve gone rogue and stopped listening to your attorney, opposing counsel will seize the opportunity you’ve handed them. You’re not just weakening your case — you’re giving your opponent a strategic edge.

4. You Can Undermine Your Own Case

Attorneys build carefully crafted arguments grounded in facts, the law, and your cooperation. When you ignore their advice, it’s like yanking bricks out of the foundation of your own case — and watching it collapse in real time. If your lawyer is forced to stand by while you self-destruct, it’s not just frustrating — it’s damaging, and frankly, embarrassing. Going against your attorney’s guidance can seriously derail your case, and once that damage is done, even the best lawyer may not be able to fix it.

5. You Could Burn Bridges

Attorneys are bound by professional ethics and a duty to work collaboratively with their clients. If that cooperation breaks down, they may have no choice but to withdraw from representing you. Ignoring their advice or treating them like a hired mouthpiece, rather than a trusted strategic partner, is a surefire way to push them toward the exit. And yes, they can fire you as a client. If an attorney withdraws because you’ve been uncooperative, future lawyers may hesitate to take on your case, wary of dealing with someone who isn’t willing to work with them.

6. The Law Is Not a Choose-Your-Own-Adventure Story

Sure, you can ignore your lawyer and do things your own way — plenty of people do. But the consequences can be severe: in civil cases, you might find yourself facing a hefty financial judgment; in criminal cases, you could end up behind bars. The legal system doesn’t care about bravado or gut feelings. It’s driven by preparation, strategy, and expertise — exactly what your lawyer is offering. Ignoring legal advice from an experienced professional is like trying to win a game without knowing the rules.

You Hired a Professional for a Reason

Hiring an attorney and then refusing to take their advice is more than just a waste of money — it’s a direct threat to the outcome you’re hoping for. People hire attorneys because the legal system is complicated, intimidating, and full of rules that don’t come with a user manual. Whether you’re facing a criminal charge, an employment dispute, a divorce, or even just drafting a contract, the stakes are high — and one misstep can have lasting consequences. No attorney can guarantee a specific result, but what they can offer is a strategic path based on their knowledge, training, and, most importantly, real-world experience. They went to law school and built careers navigating legal minefields so you wouldn’t have to. If you’d rather go it alone, that’s your choice — but don’t expect a seasoned attorney to stand by quietly and rubber-stamp decisions that could sink your case.

If you need an experienced employment lawyer to provide sound advice and advocate for your rights, our attorneys are here to help and available for consultation. We don’t just tell you what you want to hear — we provide the honest, straightforward guidance you need to protect your interests and make informed decisions for you and your family, based on the facts and the law.

Areyana Gilbert
Austin/Houston Employment Trial Lawyer Areyana Gilbert

Early on in representation, it is important to lay out the principles of the attorney-client relationship. One of the most important principles in representation is transparency.

That’s right—be transparent with your attorney. After all, you’ve hired him or her to handle your employment law matter and it is imperative that your attorney be keep abreast of material update sin your case. This blog takes a further into what suffices as material updates in your case.

            It is essential for clients involved in employment law matters to keep their attorneys informed of any updates or developments in their case, as this communication directly impacts the effectiveness and outcome of legal representation. Employment law cases, whether dealing with wrongful termination, workplace discrimination, harassment, wage disputes, or other issues, can be highly complex, with many moving parts that require close attention to detail. When clients fail to inform their attorneys of new information or changes in their circumstances, it can hinder the lawyer’s ability to craft the most effective legal strategy. For example, if a client receives a new offer of settlement, discovers crucial evidence, or experiences retaliatory actions after filing a claim, failing to notify their attorney promptly could lead to missed opportunities or the weakening of their legal position. 

The timing and details of these updates are often critical in ensuring that the case is handled correctly and that the client’s rights are fully protected. Furthermore, in some cases, an employer’s conduct may change, which could influence the trajectory of a claim. Employment law attorneys rely on accurate, timely updates from their clients to best advocate on their behalf, as this information allows them to adjust strategies, make necessary legal filings, and ensure that the client’s case remains as strong as possible. One key factor that clients should understand in the context of their employment law case is the concept of “elf resignation,” a term that refers to situations in which an employee feels compelled to resign due to intolerable working conditions, often a form of constructive dismissal. In these cases, it’s important for employees to inform their attorney if they are considering resignation or have already resigned, as the manner in which they leave their employment can significantly impact their ability to recover damages. For instance, if an employee resigns without documenting the reasons behind their decision, or without exhausting available internal remedies, they may limit their ability to seek compensation for damages related to wrongful termination or workplace harassment. 

On the other hand, if the resignation is clearly tied to unlawful actions by the employer, such as creating a hostile work environment, the employee may still be entitled to pursue legal action for damages, including back pay, lost benefits, or emotional distress. However, resigning without sufficient evidence or without consulting legal counsel beforehand may reduce the likelihood of a successful claim. It is also critical for clients to maintain confidentiality regarding the details of their case. Employment law matters are often sensitive, and leaking information about the case to individuals who are not involved in the legal process can undermine the client’s chances of achieving a favorable resolution. Discussing the case with friends, colleagues, or social media contacts can lead to unintended consequences, such as the spread of rumors, the potential for witnesses to be influenced, or even jeopardizing the legal process. Clients should limit sharing case details to those on a “need-to-know” basis, such as their attorney, other legal professionals involved in the case, tax professionals (who may need to understand the financial implications of a settlement or judgment), and immediate family members who provide personal support. This confidentiality is critical in maintaining the integrity of the case, as it prevents third parties from intervening or interfering with the legal proceedings. In some cases, disclosing information to unauthorized individuals can even harm the client’s case, as opposing counsel may use this information against them.

 By adhering to confidentiality, clients ensure that their attorneys can work without external distractions or concerns and that the legal process remains intact. Keeping an open, transparent line of communication with the attorney while adhering to confidentiality protocols is a fundamental part of building a successful employment law claim. Clients should understand that their attorneys are working in their best interests and that every piece of information—whether it’s a change in employment status, a resignation, or a new development—plays a critical role in securing the best possible outcome. 

In sum, when in doubt, err on the side of caution and notify your attorney promptly of any material changes in your case. If you have a potential employment law dispute, please schedule a consultation with us at Wiley Wheeler, P.C.

#Confidentiality #Clients #AttorneyClient

Rachel Bethel
Austin/Houston Employment Trial Lawyer Rachel Bethel

One key legal claim in Texas is called a “Sabine Pilot” claim. This doctrine protects employees from retaliatory terminations for refusing to engage in illegal activities. Let’s take a closer look at the rights employees have under Sabine Pilot.

What is a Sabine Pilot Claim?

The Sabine Pilot claim comes from the Texas Supreme Court case Sabine Pilot Service, Inc. v. Hauck, 687 S.W. 2d 733 (Tex. 1985). In this landmark case, the court ruled that an employee cannot be terminated for refusing to commit an illegal act at the request of their employer. 

This case established a narrow, but important, exception to the at-will employment doctrine, which otherwise generally allows employers to fire employees for any reason or no reason, so long as the termination does not violate other state and federal protections.

Key Elements of Sabine Pilot Claims

To bring a valid Sabine Pilot claim, there are specific elements that must be present.

  1. Refusal to Engage in Illegal Conduct: The employee must have both been asked to participate in illegal activity and refused to do so. 
  2. Termination: The employee must have been fired solely because of their refusal to engage in the illegal act. 
  3. Causal Connection: The employee must show that the employer’s decision to terminate was specifically tied to their objection to the unlawful conduct.

An Example 

Maria is a mid-level manager working at a logistics company that operates nationwide, including in areas with strict environmental regulations. One day, her boss, Mark, instructs her to oversee the illegal dumping of hazardous waste from the company’s warehouse into a nearby river to avoid the high costs of proper disposal. 

Mark tells Maria that the company has been doing this for months and that it’s the only way to maintain their profit margins. He further boasts that this is how he obtained his promotion to VP and insinuates that complying will help Maria’s future at the company. He assures her that nobody will find out and pressures her to go along with the plan.

Maria knows that dumping hazardous waste in this manner violates both state and federal environmental laws and that anyone involved could face criminal penalties, including heavy fines and imprisonment. 

Maria refuses to follow Mark’s orders, explaining that she cannot be part of a crime that jeopardizes public health and the environment. She tells Mark that she would rather lose her job than face criminal charges or potentially cause harm to others. Mark becomes furious, telling Maria that she is overreacting and that the company can’t afford employees who “refuse to get things done.” He fires her on the spot.

After her termination, Maria files what is likely to be a successful Sabine Pilot claim.

Remedies for Employees

If an employee successfully proves a Sabine Pilot claim, they may be entitled to various remedies, including: 

  • Back Pay
  • Front Pay
  • Compensatory Damages
  • Punitive Damages

Where Should You Start?

The Sabine Pilot rule provides vital protections for Texas employees. While the scope of this doctrine is limited, it remains an essential legal safeguard for those facing unlawful demands in the workplace. 

If you’ve been terminated for refusing to commit an illegal act, it is essential to seek the guidance of a Texas employment law attorney. A lawyer can help you evaluate whether your situation qualifies as a Sabine Pilot claim, gather the necessary evidence, and guide you through the legal process. 

Don’t hesitate to reach out to one of our attorneys to discuss your case in further detail.