One of the elements of every retaliation claim is that there must be a “causal link” between the employee’s protected activity and the adverse action. In previous blogs I have talked about the standard for determining whether a materially adverse action has occurred. In this blog, I would like
Colin W. Walsh
We asked Colin W. Walsh, an experienced Trial Attorney in the Austin office of Wiley Walsh, P.C., to impart his candid answers to a range of questions. After reading, you will be more more informed on the well-respected reputation that Mr. Walsh carries.
1. What do you like most about being an employment lawyer?
I enjoy getting tangible results for my clients and being involved in an area of law that affects everybody every day.
2. What is the most important issue to you of being an advocate?
One of the most important issues to me as an advocate is to not only zealously represent my clients, but also the law.
3. What kind of clients do you like best?
I like the clients that I am able to help who were not able to find help elsewhere. On a couple of occasions now, a client has told me that my firm is the first one that has listened to his or her issue and offered any kind of assistance.
4. What do you think is the most important part of a good case?
The client. If the client is not invested, then the other side won’t take it seriously and neither will the jury.
5. What labor and employment issues do you think are currently trending?
The biggest employment discrimination issues I see right now are related to age, disability, and pregnancy discrimination. For some reason, these types of discrimination seem to be acceptable to employers. The other issues right now are minimum wage and overtime pay.
6. Who is your favorite Supreme Court Justice?
Justice William Brennan.
7. What would you say to HR of a company about how to treat employees?
It would be to listen to your employees. Most employees are not looking to sue when he or she goes to Human Resources. These employees are sincerely looking for help. Nothing makes an employee seek legal counsel like when he or she complains about something and HR starts investigating the employee instead of the complaint.
8. Besides Rob Wiley, P.C., what is the most interesting job that you have had?
The most interesting job I’ve had is working as an extra in film and television. I should have known that I was destined to be a lawyer at that point because two of my biggest gigs were the TV show “Boston Legal” and the film Charlie Wilson’s War.
9. What is your favorite food?
Meat pies. I first discovered them when I studied abroad in undergrad. I can’t believe these have not caught on in the U.S. because they are brilliant.
10. What’s the best part of living in Austin?
All of the outdoor festivals. And the Longhorns.
Colin W. Walsh is a Trial Attorney in the Austin office of Wiley Walsh, P.C. He graduated from The University of Texas at Austin with a bachelor’s degree in theatre in 2006. Mr. Walsh then graduated from The University of Texas School of Law with honors in 2011.
Governmental Immunity & You
In the intricate tapestry of legal frameworks, one concept that often surfaces is legal immunity. This term encompasses various protections granted to individuals or entities, shielding them from certain legal consequences.
In employment law, there are two main types of immunity that come into play: Sovereign Immunity and Qualified Immunity. …
I’m now protected under the ADEA!
My birthday is this week. I turn 40. That means I’m now in a protected class! The older worker class. So as I continue the slow walk up the stony steps towards the box, I thought I’d talk about the ADEA.
Age discrimination in the workplace is a pervasive issue…
Recent Fifth Circuit Opinion Expands Actionable Adverse Actions for Title VII Discrimination Claims
On August 18, 2023, the Fifth Circuit issued an en banc opinion in Hamilton v. Dallas County, No. 21-10133 that overturned decades old judge-made law limiting actionable claims under Title VII. Let’s take a look.
What is Hamilton about? Hamilton involves how the Dallas County Sheriff’s office schedules time…
Collective Actions after Swales
Sometimes more than one plaintiff has the same claim against an entity. When that happens are there generally three ways such a case can be brought. One way is obviously to simply join all of the plaintiffs to the lawsuit. If there simply are too many, then the plaintiff can…
The Fifth Circuit has ruled that Texas Charter Schools are not arms of the State
Charter schools have become an increasingly popular alternative to traditional public schools in Texas and across the United States. But one question that has been raised is whether charter schools are considered arms of the state for, among other things, legal immunity purposes. In Texas, this question has been particularly…
How Defendants Attempt to Avoid Corporate Representative Depositions
Just like Soylent Green, companies and government agencies are people. They have rights, they have beliefs, they have purposes, and ambitions, dreams. And just like Charlton Heston in another sci-fi classic, they can speak!
In litigation, whether in state or federal court, the company speaks through what is known…
Texas must change the Texas Whistleblower Act to protect whistleblowers
The 88th Regular Session of the Texas Legislature convenes on January 10, 2023 and lasts until May 29, 2023. This coming Monday, November 14, is the first day that legislators can file bills. I hope that this session, Texas finally fixes the Texas Whistleblower Act to…
Reprimands and transfers to crappy positions can be unlawful retaliation
Most people, including defense attorneys, think that actionable retaliation can only occur if the employer fires the employee for engaging protected activity or demotes them or cuts their pay. In other words, these people think that it must be an ultimate employment action. But that is…
Is Discouraging FMLA Leave Unlawful Interference?
Yes. At least, in the Seventh Circuit.
Wanna know more? Of course, you do!
So let’s talk a little about the exciting (as employment law cases go) new case of Ziccarelli v. Dart, 35 F.4th 1079 (7th Cir. 2022).
In Ziccarelli, the…