Summary: Not every resignation is voluntary. When an employer makes working conditions so unbearable that a reasonable person would feel compelled to quit, the law may treat that resignation the same as a termination. This is called constructive discharge, and it could mean the difference between walking away with nothing and holding your employer accountable.
As a plaintiff’s employment lawyer here in Austin, I hear one phrase from clients more than almost anything else: “But they said…” And right away, I know we’re stepping into the territory of hearsay—one of the most misunderstood concepts in the legal world. In wrongful‑termination cases, hearsay can absolutely shape the strength of your claim
Summary: Courts have used the 50-year-old McDonnell Douglas framework to evaluate workplace discrimination and retaliation cases based on circumstantial evidence. Two Supreme Court Justices have called for it to be scrapped, and a new case in the Fifth Circuit could change how every discrimination lawsuit is litigated in Texas.
You gave a company years of
You may have heard the saying to “document everything” in the workplace or to “keep receipts” when matters in the workplace are seemingly unlawful. There’s some truth to that—a lot actually. This blog explores the significance behind the two concepts which stresses the importance of proper documentation. Employees who experience discrimination, harassment, or retaliation often
The shift to remote and flexible work has reshaped the modern workplace. For many, working from home is a perk governed by company policy. However, for employees with disabilities, the ability to telework is often more than a benefit—it’s a potential legal right under the Americans with Disabilities Act (ADA) that can remove barriers.
This
Wage theft occurs when employees are not fully paid as required by law or contract. It includes unpaid overtime, withheld tips, misclassification to avoid benefits, and illegal paycheck deductions. These practices breach workers’ rights, violate the Fair Labor Standards Act, and can cause financial problems for those affected.
Wage theft is expressly prohibited under the
Investigations in the workplace are pretty common and can be a useful tool in negotiations. As an employee of the company, there are a number of considerations which should be at the forefront before the investigation begins. For example, an employee should be mindful of the Upjohn warning and know when to have an attorney
The Uniform Services Employment Rights Act (USERRA) is a federal law designed to protect service members from employment discrimination and ensure their right to return to civilian jobs after military service. It applies to both public and private employers and covers veterans and members of the active and Reserve components of the U.S. armed forces.
Certain employees in the workplace are afforded more protections in the workplace. The primary determination is the status of employment: private or public. Drug testing in the workplace is a practice used by employers to ensure safety, productivity, and compliance with regulations. While both private and public sector employers may implement drug testing policies, the
The First Amendment guarantees freedom of speech, religion, press, assembly and petition. Does that guarantee protect you from losing your job due to engaging in First Amendment activities? It depends on your employer.
Public employees do not give up First Amendment rights to free speech simply because they work for the government. Public employees have
