Madeline Garza
Houston Employment Trial Lawyer Madeline Garza

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 a right to speak out on important issues of public concern, balanced with an employer’s interest in promoting an effective and efficient workplace. 

Who is a Public Employee?

A person is considered a public employee if they work for any federal, state, or local government entity, agency or department. Additionally, teachers and other staff working for public school districts and public colleges and universities are public employees. 

What speech is protected?

The Supreme Court took up this issue in 1968, in the landmark case Pickering v. Board of Education. Specifically, the Court stated that “the threat of dismissal from public employment…is a potent means of inhibiting speech.” In this case, the Court ruled that a public high school violated free speech protections of a teacher when they discharged him for writing a letter to an editor criticizing school board officials. 

Under the Pickering-Connick test, created by the Supreme Court to determine whether a public employee’s speech is protected under the First Amendment, an employee must satisfy threshold requirements. Generally, a public employee’s speech is protected if you are speaking as a private citizen, about a matter of public concern, and your speech does not interfere with your job. However, there are exceptions. 

What does it mean to speak as a private citizen?

The public employee must be speaking as a citizen, not as an employee performing their job. For example, in Garcetti v. Ceballos, decided in 2006, the Court held that a district attorney, who wrote a memo as part of their job duties questioning the validity of a search warrant was speech made in pursuant to official duties. Therefore, that speech was not protected by the First Amendment. This holding highlights the interest of the government, as an employer, to control its operations and ensure efficiency. To summarize, public employees must speak as citizens, not as employees.

What is a public concern?

The Supreme Court, in Connick v. Meyers, explained that a public concern is anything that relates to a matter of political, social, or other concern to the community. This is decided based on the “content, form, and context of a given statement.” For example, speech about government policies and activities is likely to be categorized as a matter of public concern. A way to differentiate private vs. public is whether the speech is about a purely private workplace issue, that would be important only to the employee or those in the office compared to government functions like waste and fraud. 

What about Private Employees?

Private sector employees do not have First Amendment protections in the workplace. Since private employers are not government actors, they can generally restrict speech without violating the Constitution.

Especially if you are an at-will employee, as the majority of private sector employees are, you can be fired for expressing political views your employer disagrees with. Further, you can face discipline for social media posts that reflect poorly on the company.

However, other laws may offer limited protections: National Labor Relations Act (NLRA) protects speech about wages and working conditions; Whistleblower laws protect employees who report illegal or unethical behavior; and Anti-discrimination laws prohibit retaliation for complaints about harassment or bias regarding a protected class. Important to note, these are statutory protections, not constitutional ones.

The important distinction. 

The difference in First Amendment protections reflects the unique role of government in society. When the government is your employer, it must balance its interest in workplace efficiency with its obligation to uphold constitutional rights. When a private company is your employer, it has broader discretion to regulate speech.

This distinction has real-world consequences. Public employees may challenge disciplinary actions in court under constitutional grounds. Private employees must rely on contracts, company policies, or statutory protections.

The First Amendment is a powerful tool—but only in the right context. For public employees, it can be a shield against retaliation for speaking out on important issues. For private employees, it’s a reminder that constitutional rights don’t always follow you into the workplace.

If you’re unsure about your rights, especially in a workplace dispute, reach out to us and schedule a consultation. Understanding the boundaries of free speech at work is essential in today’s politically charged and digitally connected world.

Cameron Hanson
Austin Employment Trial Lawyer Cameron Hansen

At first glance, severance agreements may look like a generous offer. After all, your employer is giving you money that it does not legally owe you. But it’s important to remember that Companies offer severance agreements for a reason: to protect the company—not you. Severance agreements are contracts, and once you sign, you may be giving up important legal rights you didn’t even know you had. Before putting pen to paper, here are some of the most important things to look for and think about.

1. The Release of Claims

The central feature of almost every severance agreement is the release of claims. This means that, in exchange for the money or benefits offered, you agree not to sue the company for anything that happened during your employment. That includes claims for discrimination, harassment, retaliation, unpaid wages, and other legal violations.

For example, if you believe you were fired after reporting sexual harassment, signing the agreement may permanently prevent you from filing a lawsuit. Many employees don’t realize this until it’s too late. Before you give up those rights, it’s worth talking to an attorney who can help you assess whether your potential claims are worth more than the severance payment on the table.

2. Confidentiality and Non-Disparagement Clauses

Severance agreements often go beyond waiving legal claims. Many contain confidentiality provisions that prohibit you from discussing the terms of the agreement, sometimes even with coworkers or friends. Others include non-disparagement clauses, which prevent you from saying anything negative about the company—even if what you say is true.

Violating these clauses, even unintentionally, can put your severance pay at risk. For example, posting a single frustrated comment about your old boss on social media could lead to the company claiming you breached the agreement. These restrictions can be overly broad and intimidating, and you should know exactly how far they reach before agreeing to them.

3. Restrictive Covenants: Non-Compete, Non-Solicit, and More

Some severance agreements try to impose new limits on your future career. These may include non-compete clauses (preventing you from working for competitors), non-solicitation clauses (barring you from reaching out to clients or coworkers), or other restrictions.

In Texas, non-competes are enforceable under certain conditions, but that doesn’t mean they can’t cause you headaches. Even if a clause might not hold up in court, the company could still threaten enforcement, forcing you to spend time and money fighting it. Make sure you understand whether the agreement limits your ability to earn a living going forward.

4. Money and Benefits You’re Already Owed

Severance pay should be in addition to, not instead of, money and benefits you are already entitled to. For instance, Your final paycheck is non-negotiable—it’s legally owed.

Sometimes employers use severance agreements to blur this line, making it seem like you have to waive claims just to receive what you’re already owed. Be careful, and don’t leave money on the table.

5. Time to Review and Revocation Rights

If you are 40 years or older and the company wants you to waive claims under the Age Discrimination in Employment Act (ADEA), the law requires them to give you at least 21 days to review the agreement and 7 days to revoke it after signing. For group layoffs, the time period is even longer—45 days.

Even if you are under 40, you should not feel pressured to sign right away. Take the time to review carefully and, ideally, consult with a lawyer. A rushed decision is often one you regret later.

6. Negotiation Is Possible

Many people assume severance agreements are “take it or leave it,” but that isn’t always the case. Depending on your situation, there may be room to negotiate for more money, extended health benefits, a neutral reference, or changes to restrictive clauses. Employers often expect some negotiation, and having a lawyer involved can strengthen your leverage.

Final Thoughts

Severance agreements can be valuable, but they always come with strings attached. Signing one without fully understanding the consequences can mean giving up important rights or limiting your future opportunities. Before you sign, ask yourself: What am I giving up, and is the exchange worth it?

If you’ve been offered a severance agreement, don’t go through it alone. At Rob Wiley P.C., our role is to help employees understand their options, protect their rights, and, where possible, improve the terms of what’s being offered. A short conversation now can prevent big regrets later. If you’d like to discuss your severance agreement or any other employment issue you face, reach out to us at 214-389-5527 or Austin Employment Lawyers, P.C.

Areyana Gilbert
Houston Employment Trial Lawyer Areyana Gilbert

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 for illegal conduct, such as discrimination based on race, gender, age, or disability. If an employee can demonstrate that the employer’s explanation is a pretext, it strengthens their claim that the adverse action was motivated by unlawful factors, which can lead to liability for the employer. Pretext analysis is a critical tool in protecting employees from covert discrimination and ensuring fair workplace practices. 

The Fifth Circuit considered whether a genuine issue(s) of material fact existed regarding Motiva’s legitimate, non-discriminatory reasons for termination were pre-textual, precluding summary judgment regarding the age discrimination claim. The lower court’s decision granting summary judgment regarding Dabbasi’s age discrimination claim was reversed. This case involved a former Motiva employee who asserted claims of age and disability discrimination against the company. Dabbasi was a Gasoline Coordinator in the Economics and Scheduling Department at Motiva’s Port Arthur, TX location. Dabbasi v. Motiva Enterprises, L.L.C., 107 F.4th 500, 503 (2024). Ultimately, Dabbasi was terminated for allegations of being too aggressive, poor performance,  and poor attitude. Id. at 503 and 504. Dabbasi filed a charge of discrimination with the EEOC and later filed a lawsuit against Motiva. Id. For purposes of this blog, only Dabbasi’s age discrimination will be discussed. Though he pursued a claim for disability discrimination, it failed. 

In its opinion, the Fifth Circuit decided that genuine issues of material facts regarding Dabbasi’s age discrimination claim was sufficient to surpass summary judgment. This rests on two findings. First, Dabbasi satisfied his initial burden of demonstrating  his prima facie age discrimination claim. Second, while Motiva offered a legitimate non-discriminatory reason, it was not found worthy of credence. The ADEA and TCHRA have different standards when it comes to proving pretext. With respect to the ADEA, a plaintiff is subjected to a but-for standard. Specifically, a plaintiff must show that the employer’s proffered legitimate, non-discriminatory reason was not true by a preponderance of the evidence. Contrastingly, the TCHRA standard provides more leeway for a plaintiff asserting a claim for age discrimination.  

“[A] plaintiff can prove discrimination… by establishing that either (1) the reason stated by the employer was a pretext for discrimination, or (2) the [employer’s] reason, while true, was only one reason for its conduct and discrimination is another motivating factor.”

Dabbasi v. Motiva Enters., LLC., 107 F.4th 500, 507 (5th Cir. 2024) (quoting Goudeau v. Nat’l Oilwell Varco, L.P., 793 F.3dd 470,475 (5th Cir. 2015)). Before addressing what evidence Dabbasi offered to rebut his then employer’s stated reasons, let’s address the stated reasons first. Ultimately the Fifth Circuit found that Motiva’s offered reasons of “unsatisfactory performance ratings and evaluations, poor attitude, and failure to improve” were sufficient to satisfy its burden. Id. at 507.  Nevertheless the inquiry does not end there. 

Pursuant to the McDonnell Douglas standard, the final inquiry is whether the “proffered explanation is unworthy of credence.” Id. Ultimately the Court found that the non-discriminatory reasons provided by Motiva may lack credibility before a fact finder. Id. The evidence offered by Dabbasi which was deemed suggestive of pretext were verbal statements by upper level management indicating that younger people were the desired class for rotations. Id. This, coupled with Motiva filling coordinator positions with “early-career employees,” also underscored the weight of its proffered reasons. Id. Notably, Motiva also placed Dabbasi on a performance improvement plan and promised him a role that did not ever materialize despite Dabbasi’s numerous award for his exemplary performance and verbal assurance that his job was not in jeopardy. Id.

           Ultimately, the Court deemed Dabbasi’s evidence as satisfactory in precluding summary judgment for his age discrimination claims under the ADEA and TCHRA. The lower court’s decision affirming summary judgment in Motiva’s favor was reversed and remanded.

#Age #Discrimination #Retaliation

As Halloween approaches, most of us expect a few harmless scares — maybe a jumpy horror movie or a haunted house. But for employees, there are far scarier things lurking in the workplace than ghosts and goblins. We’re talking about employer mistakes that can lead to legal nightmares — wage theft, discrimination, retaliation, and more. Whether intentional or just plain careless, these blunders can haunt workers and violate their legal rights. Here’s your guide to spotting the “tricks” employers pull — and how to make sure you’re getting the “treats” you deserve under employment law.

Trick #1: “You’re an Independent Contractor… Right?”
The Trick: Employers sometimes misclassify workers as independent contractors to avoid paying benefits, overtime, or employment taxes.
Why It’s Scary: Misclassification means you might be denied health benefits, workers’ comp, unemployment insurance, and protections under wage and hour laws.
Know Your Rights: Under the Fair Labor Standards Act (FLSA), if you’re being treated like an employee — with a set schedule, specific duties, and supervision — you may legally be an employee, no matter what your title says. Misclassified workers can often recover unpaid wages, overtime, and other benefits. The FLSA, IRS, and Department of Labor all have set guidelines on proper classification.
If you suspect you’ve been misclassified, it’s important to gather evidence—such as pay stubs, job descriptions, or communications about your role—and reach out to your state labor agency or the

Department of Labor for guidance. Taking action can help you recover what you’re owed and may protect others from similar treatment. Employers who don’t follow the rules can face fines, be required to pay back pay awards, and even face lawsuits, so understanding your classification isn’t just about your paycheck—it’s about safeguarding your rights and ensuring a fair workplace for everyone.

Trick #2: “We Don’t Tolerate Complaints Around Here”
The Trick: Some employers subtly (or not-so-subtly) retaliate against employees who report illegal conduct, discrimination, or unsafe working conditions.
Why It’s Scary: Retaliation can look like demotion, discipline, reduced hours, or even termination — all for speaking up.
Know Your Rights: Federal and state laws like Title VII of the Civil Rights Act of 1964, Occupational Safety and Health Act (OSHA), and Fair Labor Standards Act (FLSA) all have protections for either whistleblowers and/or employees who file complaints and face retaliation. If you’ve been punished for reporting wrongdoing, you may be entitled to compensation — and your employer could face serious legal consequences.

In addition to these robust legal protections, it’s crucial to document any instances of suspected retaliation—keep detailed records of communications, performance reviews, and any changes to your job status. This evidence can strengthen your case if you decide to pursue a complaint. Remember, you do not have to tolerate intimidation or punishment for standing up for your rights at work. By understanding the laws that safeguard you and taking proactive steps to protect yourself, you can help ensure that employers are held accountable for retaliatory behavior and foster a workplace where employees feel safe to speak out against injustice.

Trick #3: “What Harassment? Just a Personality Clash.”
The Trick: Employers sometimes downplay or ignore reports of harassment or discrimination, claiming it’s just a “bad fit” or “miscommunication.”
Why It’s Scary: This creates a toxic, unsafe environment — and it’s illegal under Title VII of the Civil Rights Act and similar state laws.
Know Your Rights: Title VII of the Civil Rights Act of 1964prohibits discrimination and harassment based on race, color, sex (including pregnancy, sexual orientation, and gender identity), religion, and national origin. Americans with Disabilities Act (ADA) protects against disability-based harassment or failure to accommodate. Age Discrimination in Employment Act (ADEA) protects workers aged 40 and older. Employers are legally required to investigate and address complaints — failure to do so can result in liability. Every employee has the right to a workplace free from harassment based on race, gender, religion, disability, age, and other protected characteristics. You can file a complaint with HR, your state civil rights agency, or the Equal Employment Opportunity Commission (EEOC) — and your employer is required to take it seriously.

Taking proactive steps—such as documenting incidents, keeping records of communications, and following up on the status of your complaint—can make a significant difference in ensuring your concerns are addressed and your rights are protected. Remember, seeking support from legal professionals can provide guidance throughout the process and help you feel less isolated during what can be a challenging time. Ultimately, holding employers accountable is essential to creating a safer, more respectful workplace for everyone.

Final Word: Don’t Be Spooked — Know Your Rights
The workplace may not be haunted, but for many employees, employer misconduct can lead to real fear and uncertainty. Knowing your rights is the best way to protect yourself from tricks — and make sure you’re only getting the legal “treats” you’re entitled to. If you suspect your employer is engaging in any of these shady practices, you don’t have to navigate the haunted house of employment law alone.
Always consider speaking with an employment lawyer who can help you understand your rights and explore your options — before those workplace “tricks” turn into full-blown legal nightmares. If you’ve been the victim of unfair treatment at work, we are here to help. Contact us today for a legal consultation — and let us fight the monsters for you.

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

It was October 31st, and the office halls were darkened with cobwebs, glowing jack-o’-lanterns, and a fog machine that hissed ominously in the corner. Spirits were high. Costumes were bold. Laughter echoed. Pranks abound. But what no one realized was that hidden beneath the masks and makeup lurked something far more sinister than ghosts or ghouls… the risk of legal claims.


The Curse of the Cursed Costume
The first chill crept in when one employee arrived dressed in a revealing outfit. Laughter turned into whispers. By the end of the day, an HR complaint was filed, accusing the company of tolerating a sexually hostile environment. Another employee’s culturally offensive costume offended colleagues, unleashing a storm of discrimination claims. Suddenly, what seemed like harmless fun had awakened a monster: the specter of harassment and discrimination litigation.


The Ritual of Religious Rights
Not all employees wanted to join the festivities. For some, Halloween is in opposition with their religious beliefs. When a supervisor insisted that “everyone must participate,” the atmosphere shifted. A claim of religious discrimination rose from the shadows. The laughter from the breakroom party now sounded like sinister echoes in a haunted house of liability.


The Potion of Perilous Punch
At the after-hours party, the punch bowl was spiked. As the night wore on, pranks got rowdier, words got sharper, and boundaries disappeared. What followed was predictable—and chilling. Harassment complaints of all kinds. A fender bender on the way home. Suddenly, the company’s liability stretched beyond the office walls, conjured up by one too many drinks.


The Horror of Haunted Halls and Hardships
The fog machine hissed, and the strobe lights flashed. But in the flicker of fake lightning, one employee felt dizzy—another coughed from the smoke. A third couldn’t navigate through the cluttered, spooky decorations in their wheelchair. Accessibility and health concerns materialized, haunting the company with potential ADA claims.


The Wraith of Work Without Wages
As the party ended, the wraith of wage-and-hour soared in from the shadows. Non-exempt employees had spent hours decorating, attending, and cleaning up, all off the clock. The company hadn’t realized it, but now it owed back pay—lest it face the wrath of a wage claim rising from the grave.
The Specter of Sinister Snickers


Finally, pranks turned sour. A “harmless scare” in the stairwell led to tears. A joke about someone’s costume sparked outrage. The line between fun and fear blurred, unleashing the goblin of bullying and hostile work environment claims. Did that too result in more claims of unlawful behavior.


The Moral of the Tale
Halloween at work can be a treat, but it can also turn into a terrifying legal trick. To ward off these workplace spirits, employers should cast protective spells with clear costume and conduct policies, keep participation voluntary to avoid religious claims, beware the perilous punch bowl by managing alcohol responsibly, ensure that the haunted office is accessible and safe for all, and pay employees properly for any after-hours work. And above all, remember—not all pranks are funny. Show respect to everyone. The haunted office may be a tale, but the risks it warns of are real. If you believe you’ve been the target of Halloween pranks, games, or workplace behavior that crossed the line, our attorneys are here to consult with you and determine whether the law offers protection.

At the time of writing, the federal government is shut down due to a lapse in appropriations, which means that Congress and the President have not been able to agree on how to fund the various agencies and other services Americans rely on. This shutdown started at 12:00am on October 1, 2025, and will continue until Congress passes a funding bill and the President signs it. The shutdown has also had a trickle-down effect in the Austin area.

So what does this mean for workers? If you work for the federal government and you were furloughed or laid off during the shutdown, you may be eligible for unemployment benefits and should contact the Texas Workforce Commission immediately. The rest of this blog post considers how the rights of workers employed by private companies are impacted by the shutdown.

Federal government agencies currently lack the funding to do their jobs.

Typically, when workers or the attorneys who represent them find out about illegal conduct in the workplace and want to resolve it, they rely on one or more government agencies. When the issue is employment discrimination, employment lawyers turn to the U.S. Equal Employment Opportunity Commission, or the EEOC. The EEOC processes and investigates charges of employment discrimination under federal law. When the issue is a company interfering with union activity or collective bargaining, or even interfering with workers coming together to advocate for better conditions, employment lawyers turn to the National Labor Relations Board, or the NLRB. And when the issue is workplace safety or certain kinds of whistleblower retaliation, employment lawyers turn to the Occupational Safety and Health Administration, or OSHA, a division of the U.S. Department of Labor.

However, because of the federal government shutdown, none of these agencies are able to review or process charges or complaints, investigate claims, or make any decisions. Some agencies, like the NLRB, have even delisted all of their helpful resources from their public-facing website, including complaint forms! This is a critical problem because many employment law causes of action cannot proceed in state or federal court without first going through something called “administrative exhaustion,” which means you took all steps through a government agency’s process before filing.

And speaking of federal courts, they are impacted by the shutdown as well. While they remain open as of writing, their funding is set to run out by approximately October 17, 2025. Anyone who wants to sue their employer, whether because they have gone through administrative exhaustion or because there is none, might not be able to do so in federal court after October 17 until funding resumes.

State and local agencies investigate employment issues too!

So what are workers and their attorneys to do? Despite the federal government shutdown, state and local agencies still have the power to investigate employment issues in Texas. The state agency is the Texas Workforce Commission, or the TWC. Most Texans first interact with the TWC to apply for unemployment benefits, but the Texas Workforce Commission Civil Rights Division, or TWCCRD, has the power to investigate employment discrimination that happens in Texas. The TWC also investigates violations of the Texas Payday Law, which requires employers to pay their employees in full and on time.

However, if you work in Austin or Fort Worth, those cities have their own agencies that cover you for employment discrimination issues instead of the TWC. If you work in Austin, the agency is the City of Austin Office of Equity and Inclusion—Civil Rights Division. If you work in Fort Worth, the agency is the Fort Worth Civil Rights Office.

State courts also remain open for business and can pick up the slack from federal courts when workers have a claim that is ripe for litigation.

We can help you navigate employment issues during the shutdown!

Deciding where, how, and when to take action in employment issues is what employment lawyers are experts in. It is especially important to speak to an employment lawyer about your employment issues during the shutdown because of the current information blackout from the federal government, and because many statutes of limitation will continue to run during the shutdown. The resources and hotlines in the federal government which are normally available to all private-sector employees are restricted or unavailable during these times. We hope they will resume soon, but in the meantime we can help you prepare for when they do.

Austin employees who believe they have suffered illegal discrimination, harassment, or retaliation at work should contact my office, Austin Employment Lawyers, P.C. The attorneys at Austin Employment Lawyers, P.C., represent employees in the Austin area and across Texas in all types of employment law claims, including wrongful termination, pay disparities, harassment, failure to provide a reasonable accommodation, and retaliation.

For more information or to schedule a consultation, please visit our website or call us at (512) 271-5527.

Here’s What Employees Should Know Before Making A Post

In today’s always-online world, it’s easy to forget that what you post on social media—even on your personal time—can impact your job. But can you actually be fired for something you say or share online? The answer: Yes, in many cases, you can. However, it depends on what you posted, where you work, and what laws apply. This post breaks down the key things employees should know about social media relating to their job security.

When Social Media Posts Can Get You Fired?

1. Harassment or Discriminatory Remarks

Posts that are racist, sexist, homophobic, or otherwise offensive can absolutely cost you your job—especially if they violate your company’s anti-harassment or diversity policies. For example, posting a racist meme or using hate speech—even on a personal account—can be grounds for termination, especially if it’s tied back to your employer. 

2. Revealing Confidential Information

Sharing internal company information—like financial data, future plans, or customer details—can lead to firing, and sometimes even legal action.For example, posting a screenshot of a confidential company memo before a public announcement could violate NDAs or trade secret laws.

3. Damaging the Company’s Reputation

If your post goes viral for the wrong reasons and your employer is identified, they may fire you to protect their brand. For example, a viral video showing you behaving aggressively while wearing a company-branded shirt could lead to termination, even if you weren’t working at the time.

4. Violating Company Social Media Policies

Many companies have policies that lay out what’s acceptable online behavior. If you’ve signed an employee handbook or code of conduct, violating it—even outside of work—can justify disciplinary action.

The Final Point

In most U.S. states, including Texas, employment is “at will.” “At will” means your employer can fire you for almost any reason, or no reason at all—as long as it’s not illegal (e.g., based on discrimination or retaliation). So yes, your employer can terminate you for something you posted on social media—if it violates company policies, harms the company’s reputation, or crosses legal or ethical lines. Nonetheless, employers are prohibited from discharging employees for posting on social media if the termination is motivated by discriminatory or retaliatory intent.

Discriminatory or retaliatory actions are prohibited if on the basis of one’s race, national origin, sex, disability, or other protected classes as defined by Title VII of the Civil Rights Act of 1964. Retaliation may also result from whistleblowing activities, which are employees are safeguarded under the Whistleblower Protection Act. Employers are also prohibited from retaliating against employees for exercising legal rights, such as filing a discrimination complaint with the Equal Employment Opportunity Commission.

Tips for Staying Safe Online

·       Think before you post: If you wouldn’t say it at work, don’t post it online.

·       Know your employer’s policies: Review the employee handbook or social media policy.

·       Avoid posting about work unless it’s clearly allowed.

·       Be cautious with venting online: It’s easy to cross a line.

·       Use privacy settings wisely, but don’t rely on them completely.

If you have experienced retaliation related to your social media activity, please schedule a consultation here or contact us at (512) 271-5527. Our team is prepared to address your concerns with professionalism and expertise.

Employment Discrimination Is Still a Problem

Despite changing times, employment discrimination is more common than you think. Even the best employers might one day discriminate against one of their employees or job applicants because of who they are. Employment discrimination can take many forms. You might be treated unfairly because of your race, age, or national origin. You might be harassed by managers or coworkers because of your sex or religion. You might be denied a reasonable accommodation for your disability or pregnancy. Or you might get fired or demoted because you complained about one of these types of issues at work—whether it happened to you or someone else. These are all illegal employment discrimination practices, but what can employment lawyers like me do to address them?

Government Agencies That Investigate Employment Discrimination

If you’re familiar with any government agency that handles employment discrimination, it’s probably the U.S. Equal Employment Opportunity Commission, or the EEOC. The EEOC processes and investigates charges of employment discrimination under federal law. Filing a timely, detailed, and accurate charge of discrimination with the EEOC is one of the major steps employment lawyers need to take when trying to resolve discrimination or retaliation against their clients. In fact, you can’t even get the right to sue your employer about any employment discrimination claims until you file a charge of discrimination first!

However, you should know that the EEOC is not the only place we turn to when our clients experience employment discrimination. Almost every state has its own agency that handles claims of employment discrimination. Many cities and counties also have similar agencies, as do U.S. territories like Puerto Rico. These are all called Fair Employment Practices Agencies, or FEPAs. Tribal governments also protect the rights of Native Americans and Alaska Natives through Tribal Employment Rights Offices, or TEROs. Typically, where you do your work (including work from home) determines which agency you can file with. These agencies are able to handle employment discrimination claims under state and local law as well, which may be stronger than federal law.

So which state and local agencies investigate employment discrimination in Texas? The state agency is the Texas Workforce Commission, or the TWC. Most Texans first interact with the TWC to apply for unemployment benefits, but the Texas Workforce Commission Civil Rights Division, or TWCCRD, has the power to investigate employment discrimination that happens in Texas. However, if you work in Austin or Fort Worth, those cities have their own agencies that cover you instead of the TWC. If you work in Austin, the agency is the City of Austin Office of Equity and Inclusion—Civil Rights Division. If you work in Fort Worth, the agency is the Fort Worth Civil Rights Office.

We Can Help!

Anyone can file a charge of discrimination against their employer, but deciding where, how, when, and what to file is what employment lawyers are experts in. It is especially important to speak to an employment lawyer about discrimination as soon as you find out about it because the laws that address employment discrimination have very short deadlines to file, typically 180 days or 300 days depending on where you worked and where you file.

Austin employees who believe they have suffered illegal discrimination, harassment, or retaliation at work should contact my office, Austin Employment Lawyers, P.C. The attorneys at Austin Employment Lawyers, P.C., represent employees in the Austin area and across Texas in all types of employment discrimination claims, including wrongful termination, pay disparities, harassment, failure to provide a reasonable accommodation, and retaliation.

For more information or to schedule a consultation, please visit our website or call us at (512) 271-5527.

When considering how much your employment case may be worth, it is natural to look at cases online, ask ai, or use online settlement calculators. However, one of the most overlooked, yet critical, factors in determining the potential value of your case is geography. Specifically, the state you are in down to the county is some instances, the judge assigned to your case, and the length of time you have been with your employer, can drastically influence the potential for recovery and the amount. 

At Wiley Wiley, P.C., we have over 25 years of experience representing employees all over the state of Texas and for a multitude of employers. This has given us important insight on the potential variables impacting recovery, if any, in a case. 

State Demographics and Employment Law

Each state has a unique, legal, political, and cultural backdrop that shapes employment law outcomes. Therefore, even the specific type of employment law case – discrimination or unpaid wages, will have different outcomes based on where the suit arises from.

For example, states such as California and New York, typically have more employee friendly jurisdictions. This is due in part to the broader protections those states offer compared to federal law and allow for higher awards. On the other side, states such as Texas and Florida cap damages at a lower amount and have a narrower interpretation of worker’s rights. 

Additionally, demographics affect jury attitudes. Urban areas that have a more diverse population, such as Los Angeles, tend to be more sympathetic to employees and have the potential to return a more favorable verdict compared to a more conservative region. 

Judge Rules – Literally

When a case gets to trial, the judge plays a major role in determining how the case proceeds. Some judges have a background in employment law and are familiar with the nuances of retaliation or discrimination claims. Others may have come from corporate or defense backgrounds and lean more toward employer-friendly rulings. 

Judges decide:

  • Whether your case survives summary judgment (a major turning point)
  • What evidence is admissible
  • Whether to reduce a jury award post-verdict
  • What jury instructions are given (which shape the lens through which jurors view your case)

A judge’s prior rulings or public reputation can signal how they view employee rights and can either bolster or deflate your case’s value.

Importance of Employer’s Size and Length of Employment

One of the most overlooked but critical factors is the size of your employer. Under federal law (e.g., Title VII, ADA, ADEA), the amount you can recover for emotional distress and punitive damages is capped based on how many employees your employer has:

Number of EmployeesMaximum Combined Emotional + Punitive Damages
15–100$50,000
101–200$100,000
201–500$200,000
500+$300,000

So, if you worked for a small business with 60 employees, your recovery, outside of actual damages, under federal law could be limited to $50,000—no matter how strong your case is. However, some state laws (like California’s FEHA or New Jersey’s LAD) don’t have these caps, which is why choosing the right legal theory and venue is essential.

Additionally, the length of your tenure with your employer can affect a potential severance negotiation and/or potential wage loss. Typically, the longer you are employed with an employer, the more substantial the damages could potentially be argued. 

Knowledge is Leverage

If you have been discriminated against or are experiencing wage theft and are considering pursing a claim against your employer, understanding your geographic and judicial landscape can be the difference between a five-figure and six-figure recovery.

At Wiley Wheeler, P.C. we bring a deep knowledge of both the law and the courtroom realities in your area. We pride ourselves in results and being an advocate for employees who were treated unlawfully by their employer. If your rights have been violated, you can call us at: 713-337-1333 or schedule an appointment on our website to speak with one of our attorneys. 

Don’t Mix Work and Personal: Why Texas Employees Should Avoid Using Work Accounts for Personal Business

As an employment attorney representing workers across Texas, I often meet clients who are surprised to learn just how much control their employers have over workplace technology. One of the most common issues I see is employees using company email addresses, messaging platforms, or even cloud storage for personal matters. At first glance, it may seem harmless to send a quick personal email from your work account or save a personal file to your office computer. But in reality, this practice can create serious problems if disputes arise with your employer.

Employers Own and Monitor Work Accounts

The most important thing to understand is that your employer owns the email accounts, computers, and networks provided for your job. That means anything you send, receive, or store through those systems is typically accessible to the company. In Texas, as in most states, employers generally have the right to monitor employee communications on company systems, so long as they provide notice or have policies in place.

If you use your work email to communicate with your lawyer, your spouse, or even your doctor, you may believe those messages are private. But in many cases, employers can—and do—review them. In litigation, employers may turn over entire email accounts during the discovery process, which means your personal correspondence may end up in the hands of opposing lawyers.

Risk to Attorney–Client Privilege

One of the biggest dangers of mixing personal and professional use is that it can jeopardize attorney–client privilege. Courts have held that if an employee uses a work account to communicate with their lawyer, and the employer has a clear policy stating that work accounts are not private, those communications may lose their protected status. That means emails you thought were confidential could potentially be used against you in a lawsuit.

For employees who may later face discrimination, harassment, or wrongful termination claims, this is a serious risk. Protecting privilege is critical, and it starts with keeping all legal communications on personal, secure accounts that you control.

Complications in Employment Disputes

When employees come to me after being fired or mistreated at work, one of the first things we do is gather evidence—emails, texts, or documents that show what really happened. If those materials are saved to a work email or company drive, retrieving them can be legally tricky.

Texas law and federal law both prohibit employees from taking confidential or proprietary company information without authorization. If you forward yourself work emails, for example, your employer may accuse you of violating company policy, breaching confidentiality agreements, or even engaging in computer fraud. Even if your intent was simply to preserve evidence of discrimination or retaliation, these claims can complicate your case and give the employer leverage.

By keeping your personal business—and any potential evidence—on your own devices and accounts, you avoid these pitfalls.

Protecting Privacy and Setting Boundaries

Using personal accounts for personal matters also helps you set boundaries between work and life. In the age of smartphones and remote work, it’s already difficult to maintain separation. If you rely solely on work accounts, your employer may assume they have access to all your communications, making it harder to push back if they intrude on your time outside of work.

Moreover, if you ever leave the company, you may lose access to important personal correspondence or documents stored on your work systems. I’ve seen employees locked out of email accounts containing everything from personal tax documents to family photographs. Once you’re gone, your employer has no obligation to give those back.

Best Practices for Employees in Texas

To protect yourself, follow these simple rules:

  1. 1. Use personal email and messaging accounts—never work accounts—for communications with lawyers, family, doctors, or anyone unrelated to your job.
  2. 2. Keep personal files on personal devices. Don’t save them to work computers or drives.
  3. 3. Review your employer’s technology policies. Assume that if they say accounts are monitored, they mean it.
  4. 4. If you anticipate legal issues with your employer, talk to a lawyer from your personal account only.

Final Thoughts

While it might feel convenient to handle personal matters from your work account, the risks far outweigh the benefits. In Texas, where employment disputes can turn on small details, protecting your privacy and legal rights is essential. By keeping your personal business on personal accounts, you safeguard your attorney–client privilege, avoid unnecessary complications, and maintain clear boundaries between work and home.