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
In lots of ways, Googling legal terms can be like Googling medical terms. You might get an amalgamation of concepts that might not make a whole lot of sense when put together. Therefore, there’s lots of information out there that isn’t legally inaccurate, but needs to be explained by an attorney
With the increase of remote work and tech jobs in Texas, moonlighting appears to be on the rise. This naturally leads to the question: can my employer fire me for moonlighting? There is no simple bright line rule. Instead, it requires knowing what your company’s rules
Human Resources has called you into a meeting. At first, you are nervous. You wonder if someone caught you taking Carl’s lunch from the fridge or if all of those pens you accidentally put in your pocket are going to come back to haunt you. But
On December 18, 2020, I published a blog all about 42 U.S.C. § 1981 (“§ 1981” or “Section 1981”) claims. I’m sure you remember it. It was pretty great, if I do say so myself.
But just in case, very briefly, § 1981 prohibits race discrimination
Hospital workers and employees of other patient care facilities have some of the most difficult jobs out there. The enormous amount of stress, pressure, and difficulty in performing these vital jobs has only been made worse this past year by the global pandemic that has swept across this nation. Given the huge amount of responsibility and the sheer importance of the jobs carried out by hospital workers, it is now more important than ever that COVID-19 safety procedures be followed. This is only possible if workers are allowed to freely report violations of COVID-19 safety procedures. Luckily, Texas law agrees. In this article I will discuss the very basics of the Texas Health and Safety Code and how it may be able to help you create a safer working environment.
Under the Texas Health and Safety Code, employees of hospitals, mental health facilities, and treatment facilities are protected from retaliation by their employers if they make a report of a violation of law, which includes a violation of the code itself, a rule adopted by the code, or a rule of another agency. Moreover, if a time gap of less than 60 days is between when the report is made and an adverse action, which can be a termination, suspension, or a demotion, takes place, the law states that there is a rebuttable presumption that the adverse action took place because of the report.Continue Reading The Texas Health and Safety Code: An Often Forgotten Tool in Helping Texas Workers
Even if you’ve never seen the TV show or read any of the books about Perry Mason, criminal defense attorney extraordinaire, you know the moment I’m talking about. It happens at the end each episode or book. Perry Mason is representing an innocent man or woman, but things are not looking good. The District Attorney, Hamilton Burger is on the attack, presenting one damning piece of evidence after another. But then Perry calls one more witness or recalls a witness from earlier in the trial and everything changes. Under withering cross-examination, Perry breaks down the witness by pointing out inconsistencies, falsehoods, and ulterior motives. By the end, the witness is a reduced to a quivering mass of raw nerves. And then the witness confesses! Or points to the real guilty party sitting in the back row of the courtroom. The charges against Perry’s client are quickly dropped and Perry Mason once again emerges victorious.
Continue Reading The Case of the Missing Perry Mason Moment
