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Texas Employment Lawyer

Discrimination, Retaliation, Wrongful Termination, and Unpaid Wages

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Being told your job will not be renewed would compel a reasonable employee to resign.

Posted in Race Discrimination

Under the “ultimatum” theory of constructive discharge, a plaintiff “must still show that ‘a reasonable employee would feel compelled to resign.’  Faruki, 123 F.3d at 319.”  Lawson v. Hinds County School Dist., 2014 WL 373199 *4 (S.D. Miss. Feb. 3, 2014) (Jordan, J.).  The court rejected the employer’s argument “that [supervisor] lacked authority to make… Continue Reading

Resigning after being told your contract will not be renewed is constructive discharge.

Posted in Race Discrimination

The Plaintiff “was informed that . . . his contract would not be renewed.”  Lawson v. Hinds County School Dist., 2014 WL 373199 *1 (S.D. Miss. Feb. 3, 2014) (Jordan, J.).  The court notes that “an employee can prove constructive discharge with evidence that she was given an ultimatum requiring her to choose between resignation… Continue Reading

Declarant of racist statement in a direct evidence case does not need authority to hire and fire.

Posted in Race Discrimination

Direct evidence requires a statement be “made by an individual with authority over the employment decision at issue.”  Lawson v. Hinds County School Dist., 2014 WL 373199 *5 (S.D. Miss. Feb. 3, 2014) (Jordan, J.) (citing Krystek v. University of Southern Mississippi, 164 F.3d 251, 256 (5th Cir. 1999)).  However, “authority” does not mean the… Continue Reading

The statement that a black employee was selected for job elimination because it is easier for a black employee to find a job is direct evidence of discrimination.

Posted in Race Discrimination

“In Krystek v. University of Southern Mississippi, the Fifth Circuit explained that workplace comments provide sufficient evidence of discrimination if they are ‘1) related [to the protected class of persons of which the plaintiff is a member]; 2) proximate in time to the terminations; 3) made by an individual with authority over the employment decision… Continue Reading