The Family and Medical Leave Act (FMLA) gives eligible employees the right to take unpaid, job-protected leave for specific family and medical reasons. It’s one of the most widely used federal employment protections, but also one of the most misunderstood — particularly when it comes to eligibility and how leave time is actually counted. Here’s…

If you work in Texas, chances are you’ve heard the term “at-will employment” — but what does it actually mean for you? Understanding your rights under this doctrine is one of the most important things you can do to protect yourself in the workplace.

What Is At-Will Employment?

Texas is an at-will employment state, which…

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…

Retaliation has become the most frequently filed type of employment law claim with the Equal Employment Opportunity Commission (EEOC). In fact, more than half of all workplace discrimination complaints now include allegations that an employee was punished for speaking up for themselves or others. Recognizing the signs of retaliation and knowing how to safeguard yourself…

In employment law, the concept of pretext refers to a false or fabricated reason given by an employer to justify an adverse employment action, such as termination, demotion, or refusal to promote, when the real motivation is discriminatory or otherwise unlawful. Courts scrutinize the employer’s stated reason to determine whether it is merely a cover-up…

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…

Colin Walsh
Austin Employment Trial Lawyer Colin Walsh

One of the elements of every retaliation claim is that there must be a “causal link” between the employee’s protected activity and the adverse action.  In previous blogs I have talked about the standard for determining whether a materially adverse action has occurred.  In this blog, I would like…