One of the most common misconceptions employees have when they come to our office is this: “I wasn’t fired, so I probably don’t have a case.” That belief stops a lot of legitimate claims before they ever begin. The truth is, the law protects employees from a much broader range of employer conduct than most
Many workers who face serious mistreatment at work are surprised to learn that the law may not protect them. Employment discrimination law in the United States and in Texas is built on a framework of employee thresholds, meaning that certain protections only apply once an employer reaches a minimum number of employees. If your employer
When Congress passed the Taxpayer First Act in 2019, most people focused on how it changed the IRS. But there is another part of the law that matters a lot for everyday workers. It creates real protection for employees who speak up about possible tax fraud or unpaid taxes. For the first time, federal law
Employees who experience discrimination or retaliation at work are often overwhelmed, confused, and unsure of what steps to take next. Which is totally understanding, this is an extremely stressful time in your life, going through something isolating and unknown. Many employees try to handle this internally, hope it resolves on its own, or wait until
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
