Marcos De Hoyos
Texas Employment Lawyer Marcos De Hoyos

For many, the World Cup is the sporting event of the decade, and for good reason. It is a moment where countries and cultures from around the world gather for a singular purpose: to watch soccer. Already, the current World Cup has had plenty of drama: Japan defeating two World Cup champions only to be knocked out in penalty kicks; Morocco defeating Spain to be the only African team in the Quarterfinals; and Mexico not qualifying for the Knockout Rounds for the first time since 1978. Despite the dramatics, however, this World Cup differs from the ones before it, primarily due to the controversy that has surrounded its location: Qatar.

As many may be aware, Qatar won the bid for the 2022 World Cup. FIFA had already been in deep controversy due to the location of the 2018 World Cup (Russia). This year, however, there has been a massive and blatant affront on human rights. The working conditions within Qatar to build the stadiums were abhorrent. Migrant workers who primarily constructed the stadiums for the World Cup endured appalling labor violations that should not be overlooked. These violations included, but are not limited too, national origin discrimination, unpaid wages, and illegal recruitment practices.

Indeed, many of the migrant workers interviewed by Equidem, a human rights and labor rights charity, claimed that they faced significant exploitation, discrimination (primarily national origin-based), and abuse (many reported physical, mental, and verbal abuse). Many also reported unpaid wages, wages lower than what was originally promised, and failure to pay for overtime or end-of-service benefits. There was indeed a bevy of human rights violations that went into constructing the stadiums for the 2022 World Cup.

Though Texas’ following of at-will employment is draconian, employees do have protections in place to ensure that they do not experience the actions seen in Qatar. To begin, if one were to experience discrimination in the workplace (whether national origin, race, sex, disability, or age), then one would be protected under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, or the Age Discrimination in Employment Act. If one is not paid the wages to which they are entitled to, then one can file a claim under the Texas Payday Law. Similarly, if one is an hourly employee and they are not paid for the work they committed in overtime, then one is able to file a claim under the Fair Labor Standards Act. Lastly, if one experiences a workplace hazard, then they can file a claim with the Occupational Safety and Hazard Administration (“OSHA”). Once can also file a Whistleblower claim with OSHA if there is a workplace hazard, they report it, and are subsequently terminated.
The World Cup is an extraordinary event that one should feel free to enjoy and participate in. With that being said, the infractions and human rights violations that occurred in Qatar should not be ignored and should be acknowledged and addressed. One should have the right to work in an environment that is free of discrimination and danger. If you find yourself in such a situation where you feel your rights are being violated at the workplace, then it would be prudent to consult with an attorney and see what, if any, options you may have.

Kalandra Wheeler
Texas Employment Lawyer Kalandra Wheeler

We are in the midst of the holiday season. As the holidays roll by, businesses everywhere are having their year-end holiday parties. Millions of people everywhere are going to restaurants, bars, and banquet halls to mix and mingle, to celebrate victories, and to close out the year. With these celebrations, often times there’s alcohol being served and consumed.

Some people dread the holiday office parties: the socializing, the drinking, and dancing.  Others love the holiday office parties: the socializing, the drinking, and dancing. No matter the camp in which an employee resides, it is the hope that employees are attending these parties responsibly. After all, the holiday office party is still a work event.  

The office party is not a place for employees to forget the rules against unlawful discrimination and harassment. The office party is not a free-for-all.  It is not “Vegas Baby,” where “everything that happens in Vegas stays in Vegas.” Instead, the aftermath of an office holiday party gone wrong can come with significant consequences, giving new meaning to “out with old, in with the new” in 2023.  

A bad holiday party when exiting 2022, can mean holiday party liability when entering 2023.

Some people handle their liquor well.  They drink responsibly. Others may not do so well with spirits. They may overindulge leading them to behave in ways they should not when they are around their coworkers.  Employers take this risk when gathering large groups of people.  Risks are multiplied when those large groups are provided alcohol.  Controlling employee behavior amongst a smaller group of employees may be much simpler and less risky that an event where hundreds of employees are in attendance.  

Employees should know that whether it is in the office or outside the office, they should not be made to suffer unlawful discrimination or harassment. 

The holiday party may be a time where some employees start speaking about religious beliefs and practices. An employee or group of employees may then erroneously think it is okay to criticize someone else’s religious beliefs or treat another employee differently because of their religion. 

The holiday party and alcohol may give an employee courage to say every discriminatory thing they’ve thought about other races, religions, women, or a subordinate to whom they secretly didn’t want to provide a reasonable accommodation for a disability.

The holiday party and alcohol may result in employees forgetting important things like laws against sexual harassment and the consent requirement. There may be a supervisor flirting with his or her subordinate, another employee groping a team 

Jairo Castellanos
Austin Employment Lawyer Jairo Castellanos

Summary: 

 With Layoffs on the rise, it has put a palpable amount of pressure on workers around the country. Turning a season of cheer into one of stress and uncertainty. There are many laws that are in play that govern how an employer must go about a mass layoff. In this blog, I would like to go over a few of these laws. 

 

It seems as if mass layoffs have been predominating on the news recently. By way of example, Meta has announced that it would be reducing its staff by about 13%, and let’s not forget that Twitter let go of approximately half of its staff. But they are not alone. Indeed, various major companies such as Peleton, Seagate, Go-Puff, Snap, and Microsoft, have all announced similar reductions. If you have been part of these unfortunate cutbacks, the very first thing you need to do is make sure that your rights were not violated in the process. 

 The first law that I would like to discuss is the Worker Adjustment and Retraining Notification Act (“WARN Act”). Generally speaking, this applies to companies that have employed 100 or more employees, who have worked there more than six months, in the past 12 months. If the requirements of the WARN Act are triggered, then the employer must provide each covered employee with at least 60-day notice of when the layoff is set to occur. A failure to do so, may result in stiff penalties against the employer, and it may make you entitled to receive the wages you would have received in that 60-day period.  Now, the tricky issue is that the WARN Act’s requirements are only triggered if certain elements are present. 

 Second, there is the Older Workers Benefit Protection Act (“OWBPA”). As an amendment to the Age Discrimination in Employment Act (“ADEA”) the OWBPA applies to all employers that employ 20 or more workers. If your employer is doing a group layoff, as defined, then it must provide workers over the age of 40 with certain protections. If there is a severance agreement, that agreement must contain: (1) a provision allowing the worker at least 45 days to consider the offer; (2) a benefit to which the worker is not already entitled to; and (3) a provision that allows that worker at least seven days to revoke their consent from the agreement. Moreover, the employer must also provide a list of who made the decision to terminate the employees, the factors used in determining who would be laid off, and a list of the individuals who were selected and not selected for the reduction with their position and age. A failure to adhere to these requirements may mean that any waiver found claims found within the severance agreement is void.   

 Third, one cannot forget about the promises that have already been made by the employer. Examples of this include severance obligations made in an employment contract. If an employer does not honor its promises it could lead to a breach of contract claim or one of several common law causes of actions. These causes of action can include promissory estoppel, fraud, quantum merit, and more. 

 Ultimately, when it comes to how a layoff situation will impact you it can be a daunting task. There are various laws at play that may be applicable in your situation. At Wiley Walsh, P.C. we specialize in employment, and we are more than happy to go over your situation so that we can assess what we are able to do for you. Feel free to contact us to schedule an appointment with one of our attorneys.

 

Harjeen Zibari Trial Attorney

The World Cup is always an exciting time; it offers us an opportunity to come together and watch nations compete to see who reigns supreme in the world’s most popular sport. I don’t want to brag, but I played soccer for 18 years, so I get extra excited for the World Cup. (Now, whether I played well is a whole other story, and that’s not the topic of this blog.)

Although this is the Men’s World Cup, issues regarding the disparate treatment of the U.S. Women’s National Team (USWNT) linger in the background. 

You might know that the USWNT is one of the best in the world, with the best record of any international women’s soccer team. In fact, the entire time it’s existed, the USWNT has never been ranked lower than second internationally. The team has won the Women’s World Cup four times (in 1991, 1999, 2015, and, most recently, in 2019), and also has four Olympic Gold Medals (1996, 2004, 2008, and 2012). In comparison, the U.S. Men’s National Team (USMNT) is currently ranked 16th internationally, and the highest it’s ever been is 4th. The U.S. Men’s Team has never won the World Cup or the Olympics, although to its credit, the team has won the CONCACAF (Confederation of North, Central America and Caribbean Association Football) Championship three times in a row.

 However, despite the U.S. Women’s Team’s successes, they suffered from a staggering pay gap and differences between salary structures that were the subject of controversy for years. Most notably, the men were paid handsomely per game appearance, meaning that if they qualified and advanced in tournaments, they would get paid more. The women, on the other hand, were just paid straight salaries, and did not get credit for how far they consistently advanced in tournaments. And when they did win tournaments, the prize pools for women’s leagues are notoriously smaller. 

 However, in May of this year, the United States Soccer Federation, the United States Women’s National Team Players Association, and the United States National Soccer Team Players Association entered into a collective bargaining agreement (CBA) to finally offer equal pay for equal work. This CBA came on the heels of several USWNT stars, including Megan Rapinoe and Alex Morgan, reaching a $24 million settlement of their own claims against the U.S. Soccer Federation regarding the disparate pay between men and women.

 The CBA ensures, amongst other things, that the Men and Women’s Teams will offer the same base pay with the same bonuses per appearances. Also, the teams will split commercial revenue share 50/50, meaning they share the revenue from ticket sales, sponsorships, and ads. Additionally, the teams will pool the prize money earned from their respective World Cup appearances. This is particularly topical because the men just won an estimated $13 million for finishing at the Knockout Stage in Qatar. 

 The story of soccer players in the United States is bittersweet: it took years of the women advocating for themselves to finally reach equality, even as the absolute best in their (literal) field. However, this Collective Bargaining Agreement is the first of its kind and has hopefully set a precedent between men and women athletes nationwide—maybe even beyond. It also shows the power of Collective Bargaining Agreements, and how much of a difference workers can make when they advocate together and for each other. 

 But you don’t have to be a gold medalist or a world-record setter to be worthy of equal pay. You don’t even need to be a part of a union. Federal law acknowledges that employees in the same workplace must be paid substantially the same for the same work, regardless of gender. The Equal Pay Act of 1963 provides protections for you in the workplace, and acknowledges various forms of compensation, not just salaries. Overtime pay, bonuses, insurance, vacation and holiday pay, benefits, and other costs covered by your employer must be equal amongst employees in similar positions, regardless of your gender identity. 

 If you suspect are being paid less than others in your workplace due to your gender, contact our talented Texas Employment Lawyers today.

Jairo Castellanos
Austin Employment Lawyer Jairo Castellanos

Summary: Despite the fact that we have all grown up with the ideal that everyone should get their day in court, the sad reality is that fewer and fewer cases are going to trial. In large part this is because the rise of motions for summary judgment and other dispositive motions. 

There are few ideas that are as cornerstone to our legal system than one’s ability to get their day in court. Despite this notion, the ability of a plaintiff to get their day in court is becoming rarer and rarer each year. By way of example, according to an American Bar Association study only about 0.8 percent of cases were decided by a jury trial in 2013. By now that number may very well by lower. 

 While the study outlined various theories of why this may be the case, one of the biggest obstacles outlined in the study was the tendency of cases to be disposed by a dispositive motion. In fact, the study stated that motions for summary judgment alone, one of the various types of dispositive motions, are the procedural vehicle that dispose of about 20 percent of cases filed in federal court. That is why I would like to focus on motions of summary judgment for the purposes of this blog.

Broadly speaking, a motion for summary judgment is a party asking a judge to get rid of a case because no reasonable jury could find in the favor of the other party. At this phase of the inquiry, the judge is not allowed to weigh the evidence. In fact, in reviewing entry of summary judgment, the judge considers the evidence presented in the motion and response in the light most favorable to the party resisting the motion. Moreover, the judge must credit evidence favorable to that party if reasonable jurors could and disregarding contrary evidence unless reasonable jurors could not. In short, the judge must take as true all evidence favorable to the party resisting the motion for summary judgment.

While someone reading the above cited standard would think that these types of motions are rarely granted, the numbers do not lie. The fact of the matter is that these motions are growing in popularity and are being filed more and more by defendants in employment cases. As such, they are an incredible danger to getting your day in court.

In order to best protect your case from these types of motions there are steps you can take. The first is simple. Act fast. Many of the deadlines that are the subject of motions for summary judgment such as statutes of limitations are rather short. That is why if you believe you have a case, you should contact an attorney as soon as you can. Second, gather all the documents that you believe may be helpful for your case so that you are able to help your attorney put their best foot forward. Third, it is imperative to seek out an attorney that specializes in labor and employment law. This is because each type of law has its own type of quirks that can change what is the best way to approach matters. Probably, the best way one can see how important this small step is, is by taking note who employers are retaining to represent them in employment disputes. In large part, employers are retaining attorneys that specialize in labor and employment law. 

 Here, at Wiley Walsh, P.C. we specialize in labor and employment law. More importantly, we only represent workers. We are the type of law firm with the knowledge and skills to be a zealous advocate so that you won’t become part of a statistic. At Wiley Walsh, P.C., we can fight on your behalf with the legal expertise that this type of cases demand. Feel free to contact us for a consultation. 

 

 

Kalandra Wheeler
Texas Employment Lawyer Kalandra Wheeler

When workers are considering employment, they often take into consideration the benefits and perks of a job. Whether these perks are big or small, they add value to one’s employment. They even influence one’s quality of life outside of work. Some employees may take things for granted, not realizing that a benefit that they enjoy is really a perk freely given by the employer. They may mistakenly think that a perk is protected by some law when it is in fact not. 

During the holiday season a perk that some employees enjoy is overtime (bonus) pay when they work on the holidays. A perk that other employees may enjoy might be paid holidays off. Yes, these are most assuredly perks, as the law does not require that employers provide either of these benefits to their employees.

I remember my first job and working through the holidays, including Thanksgiving and Christmas Eve. My manager would always ask if there were volunteers for holidays. There were always volunteers. Double time-and-a-half was good motivation. This was even better than the typical overtime pay! However, workers should know that this was not required. 

Overtime pay on holidays is not required unless those additional hours place a non-exempt employee (employees entitled to overtime pay under the Fair Labor Standards Act) at more than 40 hours in a workweek. But, as a general rule, employees should know that there are no Texas laws or federal laws that require that employees receive overtime or any other special pay merely for working on a holiday. Yes, an employer can require that their employees work on Thanksgiving or Christmas Eve at their regular hourly rate.    

Similar to the lack of any requirement that an employer provide additional pay for working on holidays, there is nothing in Texas or federal laws that requires an employer pay employees for time off given on the holidays. For a non-exempt, hourly employee, this means that an employer can give an employee the holiday off, or even be closed on Thanksgiving, depriving the employee of a workday, and there is nothing in the law that requires the employer to pay the employee for that holiday. 

For exempt, salaried employees, the rules are different, but they too require an understanding of the law. Exempt employees must be paid their full weekly salary if they worked any hours during the holiday week when their employer has made the choice to close for the holiday (e.g., Thanksgiving).  However, there is nothing in the law that even requires an employer to observe any holidays. So, if the employer is open for business and requires that exempt employees work, they are required to work. This also means that an exempt employee, depending on the nature of their work, may be required to work more than 40 hours in a workweek during the holidays with no additional compensation. 

There are very few laws that provide protections and benefits for employees. However, there are employers out there willing to provide additional compensation to those employees sacrificing time with family or loved ones to work on the holidays, and other employers that are able to provide paid holidays off due to the nature of their business operations. Employees should know that these employers do so without legal obligation. Nonetheless, if you are an exempt employee being docked pay when your employer closes for the holidays, or a non-exempt employee working more than 40 hours per week without receiving overtime pay during the holiday season, our employment lawyers are available for consultation. Happy holidays and thank you to all the employers that try to do more for their employees during the holiday season than what is required by law.   

Marcos De Hoyos
Texas Employment Lawyer Marcos De Hoyos

X, a dedicated and hard worker, asks her boss for a raise. X, on more than one occasion, has boasted of never taking paid time off, of working overtime, and of winning several accolades. X, for all intents and purposes, has earned this. X confidently struts into her boss’s well-kept office, warmly greets her, and assertively (but also politely) asks her for a raise. Her smile fading, X’s boss strategically dodges X’s question and only offers to “touch base” with her about it soon. The next day, X receives a delicately worded email from the company’s Human Resources representative, expressing, in no uncertain terms, that X is fired.

Let us now turn our attention to Y. Y’s colleagues would not describe him as zealous, dutiful, or even necessary, but only as sufficient for the company and its operations. Y has lived contentedly in mediocrity and has no intention of leaving its bounds anytime soon. However, during one of his rare productive spells, Y overhears a co-worker make a racist statement. Y, mustering the remains of his productivity, reports it to his manager. The next day, Y receives a similarly delicately worded letter from HR informing him of his termination.

There is no question that both X and Y experienced retaliation. However, only one of the unfortunate workers experienced illegal retaliation. Y, the half-hearted employee, is the individual worthy of legal protections because Y explicitly engaged in protected activity. Protected activities are actions employees may engage in without fear of retaliation from supervisors or managers. Y’s protected activity was his complaint of race discrimination because it involved a protected characteristic (viz., race). Race, sex, disability, and age are all protected characteristics that cannot be subjected to discrimination. X’s complaint involved no protected activity; it did not mention a protected characteristic nor did it mention a hazardous work environment in any discernable way. X wanted a raise, while Y needed protection.

The employer, in a sense, is the master of their own corporate universe. The employer gets to decide how their office is run, who works there, how policies are set up, how investigations are handled, how employees are treated, who employees work with, and what they pay you, among very many other things. By signing your employment agreement, you are willingly entering into that universe and becoming a denizen of it, meaning that you must abide by the rules and procedures that are set in place; corporate policy becomes your stone tablet. And though the employer is the lord of this paper-filled, fluorescent-lit kingdom, there are still shackles in place. Namely, the employer must abide by the law and provide protections against unlawful discrimination, unlawful retaliation, and unlawful workplace hazards. The rest, for better or for worse, is fair game to the employer. 

Annoyances at the workplace are common and often find a way to slither under our skin. However, the law is not a remedy to treat annoyances. Rather, it is a barrier to protect against unlawful discrimination and retaliation. Once that barrier is breached, it is the duty of the attorney to not only repair it, but ensure that those who shattered it are held accountable to the fullest extent. It is important to recognize the distinction between a want and a need because the former is typically outside of the realm of the illegal. One may not want to work with the noisome colleague nor want a small office nor want to be subjected to gossip, but, in entering into a new workplace, one always faces (and should expect) the risk that they may be subjected to such annoyances. On the other hand, one needs protection from discrimination and needs accommodations for a disability and needs to be safe in the workplace, and there is no employment agreement in the county that can provide otherwise. If you find yourself in such a situation where you cannot determine whether your issue is a need or a want, then it would be wise to consult with an attorney and see what, if any, options you may have. 

Colin Walsh
Texas Employer Lawyer Colin Walsh

The 88th Regular Session of the Texas Legislature convenes on January 10, 2023 and lasts until May 29, 2023.  This coming Monday, November 14, is the first day that legislators can file bills.  I hope that this session, Texas finally fixes the Texas Whistleblower Act to actually provide the protection it promises.  It is a steep order as bills to amend the Whistleblower Act failed to pass during the two prior sessions.  In fact, during the 86th regular session, I even testified in front of a committee as an expert about why the changes to the Act were and are necessary.

So what is the main problem with the Texas Whistleblower Act?  It is too restrictive in terms of what reports qualify as protected activity.  Here is the text of the statute:

Sec. 554.002.  RETALIATION PROHIBITED FOR REPORTING VIOLATION OF LAW.  (a)  A state or local governmental entity may not suspend or terminate the employment of, or take other adverse personnel action against, a public employee who in good faith reports a violation of law by the employing governmental entity or another public employee to an appropriate law enforcement authority.

(b)  In this section, a report is made to an appropriate law enforcement authority if the authority is a part of a state or local governmental entity or of the federal government that the employee in good faith believes is authorized to:

(1)  regulate under or enforce the law alleged to be violated in the report;  or

(2)  investigate or prosecute a violation of criminal law.

    The bolded phrase above is what makes the Texas Whistleblower Act so restrictive and Texas courts have made it even more limited than the words above would seem to suggest.  Most other whistleblower statutes protect reports to an employee’s supervisor, manager, human resources, elected official, head of the agency, or an ethics office.  In most circumstances, reporting violations of law to any of those people will not be protected because they are not an appropriate law enforcement authority.  Moreover, the case law makes clear that it is not enough to report it to an agency that can regulate, enforce, investigate, or prosecute, but that the report has to be made to the actual right division.  For example, an attorney who works for the Attorney General’s Office cannot simply report a violation of law to her supervisor unless that person works in the department that would investigate the particular law that was violated.  

Moreover, agencies often have ethics or compliance offices that it encourages or even directs employees to bring complaints to.  Outrageously, these reports are almost always unprotected.  At best, these reports are ineffective, at worst, the give the whistleblower a false sense of security that allows the agency to fairly openly retaliate against the employee reporting misconduct.

There is an easy fix to this and during the past two sessions, common sense amendments have been proposed to the whistleblower act expanding the types of protected reports.  Here are the amendments that were proposed in 2021 by Representative Israel:

(a) A state or local governmental entity may not suspend or terminate the employment of, or take other adverse personnel action against, a public employee who in good faith reports a violation of law by the employing governmental entity or another public employee to:

(1) the reporting employee’s immediate supervisor, or an individual who holds a position above the reporting employee’s immediate supervisor, at the employing governmental entity;

(2) an individual or office designated by the employing governmental entity as the individual or office for reporting such grievances;

(3) a member of the human resources staff of the employing governmental entity; or

(4) an appropriate law enforcement authority

The above amendments would greatly improve the Whistleblower Act and provide the protection the Whistleblower Act promises.  I hope this next session, we finally get this done.

I know I just railed against the Whistleblower Act, but if you believe you have been retaliated against for reporting a violation of law to an appropriate law enforcement authority, then you should contact an employment attorney to discuss what rights and remedies you have.  My firm handles these types of cases all of the time.  You can book a consult at our website www.wileywalsh.com or by calling 512-271-5527. 

Harjeen Zibari Trial Attorney

You might have read news articles or watched TikToks about “job hopping” — a term used to describe the practice of switching jobs often. This is arguably currently most present in the tech industry and is now being described by many as an advantageous tactic. Folks report major increases in their salaries with every job switch, dramatically influencing their earning ability quickly. It’s an increasingly attractive concept when anecdotes are shared amongst friends and influencers detailing how they became high wage earners just a few years into their careers rather than taking a more traditional approach and “paying their dues” through many years in their chosen industry.

 Job hopping is tied largely to the Great Resignation, the phenomenon of employees re-evaluating their lives and careers after the height of the Covid-19 pandemic and leaving their jobs as a result. Attitudes about jobs born out of the Great Resignation, coupled with higher starting salaries in many sectors to incentivize hiring, have created the “perfect” storm for many job hoppers. According to a Pew Research Center analysis, 60% of workers who switched jobs from April 2021 to March 2022 enjoyed increases in earnings. 

 Employers who do not improve wages or general conditions for their employees can do little else to compete; during that same period, only 47% of those who stayed in their jobs from 2021-2022 saw a real increase in their earnings beyond inflation, if they even got inflation raises. These salary increases can be compounded with every job switch, as workers have been recognizing and asserting their value more and more in the past few years. And since many employers faced shortages in light of the Great Resignation, workers enjoyed more bargaining power than before during the 2021-2022 cycle. 

 So, a person who changes jobs several times within a span of say, two years, can work this dynamic to their advantage to get what they want out of their careers. These career gains don’t have to just be monetary. A person might be able to establish themselves as a full-time remote worker within their area of expertise who can live in a cool, decked out van and travel across the United States. A person might be able to set the expectation of unlimited paid time off because they enjoyed that at their past few jobs. And, put simply, job hopping can give the person the confidence that if they are unhappy with their current job, they will be able to secure a new one; after all, they’ve already done it before! 

 This is a shocking departure from the almost-taboo attitude about job hopping pre-pandemic. Too many frequent job changes can be seen as a red flag; employers might argue that it shows a lack of commitment, inability to get along with others, or unpredictability. It can be hard to explain frequent job changes in cover letters or job interviews. Some employers will not move forward at all with an applicant who has switched jobs too frequently. Of course, this might still be true in your own professional circle. Perception about job hopping varies from employer to employer, and from industry to industry. Plus, with layoffs and job shortages being reported nationwide, it’s unclear how long job hoppers have to ride this wave. Just this week, Meta laid off over 11,000 employees.

 And aside from professional considerations that come from job hopping, there may be legal considerations as well. Are you a contracted employee who has to stay in your role for a specified amount of time, or are you at-will like so many Texans and can leave when you choose? Are there work-product provisions in your employment agreement that a former employer might argue you violated by going to work for a competitor? Might they argue you violated company policy by preparing job application materials on your company computer, or interviewing on company time? Maybe their feelings are hurt that they’re losing you, their brightest shining star, and they’re withholding your last paycheck and you don’t know how to get it back.

 For answers to any of these questions, contact our offices in Austin or Houston to speak to one of our talented employment attorneys to see if job hopping may be a legal pitfall for you. 

Kalandra Wheeler
Texas Employment Lawyer Kalandra Wheeler

Early voting began on Monday, October 24, 2022, and continues until November 4, with Election Day – and the final opportunity to vote – being Tuesday, November 8. It is crucial that everyone take advantage of their opportunity to be heard. Historically, during midterm elections, voter turnout is lower than in presidential years. There are those that think, “my vote doesn’t count, so there’s no need for me to vote.” They typically have this same viewpoint during presidential elections. Then, there are others that simply think that midterm elections are not as important as those during presidential years. Both mindsets are absolutely wrong.

The government is designed to be a system of checks and balances. With every election our votes are designed to keep that system running in the manner in which it should—as a system that works for the American people.

During midterm elections, members of Congress are elected. Every two years, all 435 seats of the House of Representatives are up for grabs. With regard to the Senate, where Senators serve six-year terms, about one-third of the 100 seats are up for election. Members of Congress are our voices—at least they are supposed to be. Congress has the authority to make laws, declare war, confirm or reject many presidential appointments, and investigate the actions of public officials. With its power, Congress can have a huge impact on what our president is able to accomplish. It has the power to make laws that support the president’s plans or hinder them. Congress has the power to make laws that will be interpreted and enforced by our judiciary. As we clearly see, these individuals who make up Congress have a huge impact on how our government functions and is arguably the most powerful branch of the government. Congress is given its great power because it is intended to speak for us, the American people.  

When people fail to vote, Congress still speaks, but we may find that they are only speaking for those voters that are most powerful. The voters with power are the ones that consistently go to the polls and with their votes are deciding if these elected officials stay or if they go. Americans must take this power and there is only one way to do so: by going to the polls and voting.  

In addition to electing members of Congress, there are many state and local offices on the ballots. State and local officials are the ones that make the decisions that are closest to home. Where the federal government’s power end, the power of state and local governments begins.  Are lawmakers in your home state making decisions that help with gun control?  Are state and county judges fair, impartial, and properly interpreting the law? Is the school board making the best decisions for your children?  

All of the decisions of our elected officials, whether on the federal, state, or local level, have a huge impact on how we are able to live our lives. So, the questions you must ask yourself are: How do I want to live my life? Whose ideas and beliefs are more in line with the choices that I want to have control over? Whose ideas and beliefs are more in line with what is best for me, my family, and my city, state, and country? 

If you are concerned about inflation and the cost of living, it is time to vote. If you care about gun safety and gun control, it is time to vote. If you care about protections for women and a woman’s right to choose, it is time to vote. If you care about your vote, believe in democracy, and don’t want your choices stolen by those who don’t want to accept the legitimacy of an election result, it is time to vote. If you care about the Astros winning the World Series, it is time to vote.  Just checking to see if you were paying attention.  

With each election, we as American people have something at stake. In recent years, even in recent months, we have seen why our votes matter. Now is the time. Really, every time is the time. We have to be consistent to gain the power in our government that we deserve. The results will not always turn out the way we desire, but consistency may make out elected officials work harder to give us what we deserve—a government that works together for the majority. In these elections, there is no electoral college at play. The popular vote wins. EVERY VOTE COUNTS. NOW, GET OUT THERE!