While commissions and bonuses are subject to the various laws that regulate wages, such as the FLSA and the Texas Payday Law, they are unique in rather important manners. The most obvious way that they differ from hourly-based and salary-based wages is when they are considered “earned.” Put another way, if you are an hourly worker, your wages are considered earned as soon as you start working. If you have worked for an hour, you have earned an hour’s worth of wages. If you have worked half an hour, you have half of your hourly wage. It is simple. But this same inquiry varies dramatically with workers who earn their wages based on commissions. Continue Reading How Can I Get My Unpaid Commissions?
Employment Law Basics: What does “at will” employment mean?
One of the questions I get all of the time during consultations is, “what does it mean to be an ‘at will’ employee?” If you have this question, then you are in luck because that is what this week’s blog is all about!
First, “at will” employment is the default employment relationship in the state of Texas. That means if you do not have a contract or agreement defining some other type of employment relationship with your company, then you are an “at will” employee. By far, most employees are “at will” employees.
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When should I call an employment lawyer?
Every day our office receives calls and online inquiries from workers seeking legal advice. They want to know whether their boss’s actions are illegal and whether they have claims to pursue. And, if the answer to both of those questions is yes, they have to think about whether they are ready to take action to protect their rights. But still, before even contacting an attorney they may be afraid. They don’t know when they need an attorney, how long to wait before contacting an attorney, or even if contacting an attorney is the right choice for them. That’s why consultations are a very important part of the practice of law.
How do I know I need an employment attorney?
If you are even asking this question the safest answer is seek a consultation.
What to do if You are the Victim of Discrimination at the Workplace
Do you find yourself in a situation where you are being discriminated at work, but you have no idea what to even do beyond going to HR? This is probably one of the most common scenarios I encounter during consultations. What I’d like to do is go over some very basic things to keep in mind if you find yourself in a situation where you suspect that you are the victim of discrimination.
Documentation is king.
The very first thing to do is take stock of the documents you have that are related to your employment. For example, any type of disciplinary documents, employee handbook, company memos, pertinent emails, termination letter, any complaints that you have filed or sent to anyone at the company like your boss, HR, or a coworker, or anything that may be relevant.
Continue Reading What to do if You are the Victim of Discrimination at the Workplace
Why Trial Experience Matters
Jury trials and the lawyers and firms who do them are increasingly rare. But it is well worth seeking one out if you have an employment dispute even if you don’t want to go to trial. That is because Jury trial experience informs every decision made in a case and may drive up settlement value leading to better, more informed representation.
A short time ago, at the federal courthouse, I was talking to a named partner from a prominent employment defense firm in Austin, Texas. During a break in his jury trial that I happened to be watching, he told me that the last time he tried a case to a jury was almost four years ago when we were on opposite sides of a state court retaliation claim. At the time of the conversation, I had already done one jury trial that year and would do another in about two months. Moreover, I had done two jury trials the previous year. During the trial we did together almost four years ago, he had remarked to me that although he had represented that particular client for 10 years, this was only the second jury trial he had done for them.
When the Silence is Broken, and the Secret is Out. (Part 2)
When an employee’s addiction is no longer a secret at work, they may be concerned with the possibility of supervisors critiquing their work more harshly and suddenly making frequent performance complaints, or even upper management and human resources making them feel unsupported at work. When this happens, they are sure to have questions.
Can I be fired because of my addiction?
If you are wondering what the answer is to this question, the answer is – it depends. Different facts and circumstances will yield different answers.
Continue Reading When the Silence is Broken, and the Secret is Out. (Part 2)
What The Reopening of Businesses Could Mean For Your Unemployment Benefits And Work From Home Status
In March 2020, Governor Abbott joined several other governors around the nation to formally declare COVID-19 to be a public health disaster. Subsequently, Governor Abbot issued several executive orders limiting commercial activities to only those that were considered “essential businesses.” This meant that many Texans were left without work and eligible to receive unemployment benefits to help them through these troubling times. As we enter the gradual re-opening of businesses, a large swath of pressing questions presents itself to many workers that are worried about what could be seen as a premature action in light of the health risks. I will aim to shed light on two major questions that are frequently posed to us.
Whistle(blow) while you work
You saw your boss, coworker, or subordinate do something that you believe is illegal. Maybe they stole money from the company. Maybe they falsified or altered a report. Maybe they lied to shareholders. Maybe they asked you to do something that you believed was illegal. You want to report it, but you also want to know whether you can be fired for your whistleblower activity.
When the Silence is Broken, and the Secret is Out (Part 1)
Nearly 19.7 million Americans have something in common. Of those millions, those in the workforce keep their pain a secret – the idea of their employers finding out fills them with fear.
Sadly, that fear is not misplaced.
For millions, the battle with alcoholism and drug addiction is a daily fight. And because of the stigmas attached to these disabilities, people suffer in silence.
But what happens when the silence is broken, and the secret is out?
When an employee realizes they need help, they don’t know what steps to take. But they should act early. This is especially true if the employee realizes their work attendance or performance is suffering, or pressures on the job are having a negative effect on them.
Continue Reading When the Silence is Broken, and the Secret is Out (Part 1)
Dangers and Pitfalls of Blindly Signing an Employment Contract
We have all been there. You have gotten the job offer, and all that is left to do is sign the employment agreement. But before you sign that agreement, be sure to read it. In order to properly decide what is the best decision for you to make requires you to weigh all the available information. In this spirit, I’d like to touch upon two employment clauses that are gaining widespread attention. In doing so, I hope to highlight some of the dangers and pitfalls that come along when these clauses are ignored.
Continue Reading Dangers and Pitfalls of Blindly Signing an Employment Contract