The federal Occupational Health and Safety Administration does a lot more than investigate and respond to workplace safety issues. It also operates a Whistleblower Protection Program to administer special anti-retaliation provisions for various types of claims, many of which the general public does not know much about.

This blog is Part 1 of 2 to

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.

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

Kalandra Wheeler
Kalandra Wheeler is a Board Certified Austin employment lawyer.

In the world of office politics and endless Zoom calls, raising concerns can be intimidating. But sometimes, doing the right thing means stepping forward—especially when the law is on your side.

So, When Does Speaking Up Become Legally Protected?
Whistleblowing: What It Really Means

Whistleblowing is

Madeline Garza
Austin/Houston Employment Trial Lawyer Madeline Garza

One of the cornerstones of administrative law in the United States is the Administrative Procedure Act (APA). The APA is a critical piece of legislation that helps regulate the process through which federal agencies create and enforce rules and regulations.
The APA plays an important role in a president’s

Areyana Johnson
Austin/Houston Employment Trial Lawyer Areyana Johnson

Ever wondered what the causation standard for an 11 (c) violation was? Well keep reading because the answer if further addressed below. The Occupational Safety and Health Act (OSHA) of 1970 was designed to ensure safe and healthful working conditions for employees across the United States. One critical provision

Colin Walsh
Texas Employer Lawyer Colin Walsh

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. 

Colin Walsh
Texas Employer Lawyer Colin Walsh

Hark, frēndes! The feld flours blosme and the sǒnne shines.  “Tis spring.  And that means its Ren Fest season!

Right now, through April 24, just outside of Austin there is the Sherwood Forest Faire.  After that, head north by horse for three days and you will

On August 27, 2020, the Fifth Court of Appeals of Texas at Dallas reversed the dismissal of Fernando Herrera’s Texas Whistleblower case against Dallas Independent School District. In doing so, it ordered the case back to the trial court for further proceedings.   

The lawsuit alleges DISD terminated Mr. Herrera because he complained to Child Protective Services (“CPS”) about suspected child abuse by other DISD teachers. The lawsuit was initially filed in June 2018 in Dallas District Court.

The lawsuit states Mr. Herrera made two reports to CPS. The first report was made on or about March 31, 2017 after Mr. Herrera witnessed a DISD teacher inappropriately touching a student in front of several other teachers. The second report was made on May 16, 2017 after a concerned parent informed Mr. Herrera she suspected a teacher inappropriately touched a student. On May 17, 2017, DISD put Mr. Herrera on administrative leave.Continue Reading Recent Texas Whistleblower Act Decision from the Dallas Court of Appeals