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.

My Interview with ChatGPT: “No—I’m not a lawyer.”

By Kalandra N. Wheeler

While AI such as ChatGPT and Copilot can be helpful, too much reliance on them can result in harm. They can’t replace a lawyer’s expertise and have important limitations. 

AI tools can be helpful for general understanding, but they are incomplete and may rely on outdated information. They often lack jurisdictional precision, since laws vary by state, county, and court, and cannot perform fact-specific analysis. Because legal outcomes depend on details, AI cannot gather facts, weigh evidence, or develop strategy. People may also mistake AI responses as authoritative, risking liability or loss of rights. Finally, sharing sensitive details with AI tools may not be protected in the same way as attorney–client communications.

ChatGPT is often accused of impersonating an attorney, but I believe those allegations are unfounded. I am confident that if asked directly, it would respond truthfully. For that reason, I chose to address the allegations by going straight to the source.

Me: ChatGPT are you a lawyer?

GPT: No—I’m not a lawyer. I can share general legal information and help explain concepts, but I can’t give you formal legal advice. If you need guidance for a specific legal matter, it’s always best to consult with a qualified attorney. Would you like me to explain the difference between general legal information and legal advice?

Me: Why yes, briefly explain the difference between general legal information and legal advice?

GPT: Sure!

General legal information is educational and explains laws or procedures in a broad way—for example, saying “Most states require a written contract for real estate sales.”

Legal advice applies the law to a specific person’s situation—for example, telling someone “Because of the contract you signed on June 1st, you may have grounds to sue.”

Me: ChatGPT, do you know all legal statutes?

GPT: No—I don’t know all legal statutes. The law is vast, constantly changing, and varies across jurisdictions (federal, state, and local). I’ve been trained on a wide range of legal texts, so I can explain general principles and help you understand many statutes. But I can’t guarantee complete or up-to-date coverage of every law. For anything specific or time-sensitive, it’s always best to check the actual statute or consult a licensed attorney.

Me: How is case precedent made?

GPT: Case precedent is created when a court issues a decision that interprets the law, and that decision becomes a guide for future cases. The holding (the legal rule in the ruling) forms the precedent, while higher court decisions are binding on lower courts, and others may be persuasive. Over time, precedent evolves as courts refine, follow, or overturn earlier rulings.

Me: So, what is case precedent?

GPT: Case precedent is a legal principle or rule established in a prior court decision that judges use as guidance when deciding later cases with similar issues or facts.

Key Points:

Binding precedent (stare decisis): Courts must follow decisions from higher courts in the same jurisdiction. For example, a state trial court is bound by rulings of that state’s supreme court.

Persuasive precedent: Decisions from other jurisdictions or lower courts that aren’t binding but may be considered for guidance.

Purpose: Ensures consistency, fairness, and predictability in how laws are applied over time.

In short: precedent is how courts build on past decisions to shape the law for the future.

Me: ChatGPT, do you know all case precedent in the state of Texas?

GPT: No—I don’t know all case precedent in Texas. There are thousands of decisions from Texas courts, and new ones are issued regularly. I can explain how precedent works in Texas, summarize well-known cases, or help you find where to look up decisions. But for a complete and up-to-date record, you’d need to search official sources like Texas court websites, Westlaw, LexisNexis, or other legal research databases.
Me:

Me: ChatGPT, do you know all case precedent in the Fifth Circuit?

GPT: No—I don’t know all case precedent in the Fifth Circuit. The U.S. Court of Appeals for the Fifth Circuit has issued thousands of opinions over many decades, and new ones are published regularly. While I can explain important or landmark Fifth Circuit cases and the general principles they establish, I can’t provide a complete or exhaustive list.

For comprehensive and up-to-date access, attorneys typically use legal research databases such as Westlaw, LexisNexis, or Bloomberg Law, or consult the Fifth Circuit’s official website, which posts recent opinions.

Me: Why is it important to know the law and case precedent before giving legal advice?

GPT: It’s important to know the law and case precedent before giving legal advice because legal advice applies rules to someone’s specific situation, and that requires accuracy. Statutes lay out the written law, but case precedent shows how courts have interpreted and applied those laws in real disputes. Without both, advice could be misleading, incomplete, or even harmful. A lawyer must understand the current law and relevant precedents to predict how a court is likely to rule, protect a client’s rights, and avoid giving guidance that could expose the client to unnecessary risk.

In short: knowing the law and precedent ensures that advice is correct, reliable, and grounded in how the law actually works in practice.

Me: You mentioned that “for comprehensive and up-to-date access, attorneys typically use legal research databases such as Westlaw, LexisNexis, or Bloomberg Law, or consult the Fifth Circuit’s official website, which posts recent opinions.” Yes or no, do you have access to those databases?

GPT: No—I do not have access to Westlaw, LexisNexis, or Bloomberg Law.

Me: So, yes or no, you would agree that your access to information needed to make informed legal decision is very limited?

GPT: Yes—my access to the information needed to make informed legal decisions is limited. I can explain general legal principles and point to public sources, but I do not have full or up-to-date access to all statutes, regulations, or case precedents that lawyers rely on.

Me: Move to strike everything after, “My access to the information needed to make informed legal decisions is limited.” Non-responsive, irrelevant, confuses the issues.

Me: You would agree that your explanation of general legal principles should never be substituted for the advice of a qualified attorney, correct?

GPT: Yes—I fully agree. My explanations of general legal principles are for educational purposes only and should never be substituted for the advice of a qualified attorney who can analyze the specific facts of a case and apply the law accurately.

Me: [Thinking this might be that one question too many, but what the heck.] I see you put particular emphasis on the word never, why?

GPT: I emphasized the word “never” to make the boundary very clear: while I can provide general legal information, I cannot give legal advice tailored to someone’s unique situation. Legal decisions can have serious, long-term consequences, and only a licensed attorney with full access to the relevant statutes, case law, and facts should guide those choices.

The emphasis is meant to highlight the importance of caution—so no one mistakenly relies on my general explanations in place of professional legal counsel.

AI can be a helpful educational tool, but it should never be relied upon in place of an attorney’s sound, fully informed legal advice. Relying on AI’s general explanations of legal principles or interpretations of decisions pulled from random online sources can lead to serious consequences. If you are facing a potential employment dispute and need accurate guidance, thoughtful recommendations, and strategies based on applicable law and court decisions, our attorneys are available for consultation.

When life throws unexpected challenges your way—whether it’s a medical issue, family emergency, or the arrival of a new child—knowing your rights as an employee herein Texas can make all the difference. Employment law in the U.S. provides several forms of protected leave, ensuring that employees don’t have to choose between their jobs and their well-being. However, not all leave is created equal. Let’s break down the different types of protected leave and explore how they differ, particularly focusing on short-term disability, long-term disability, unpaid leave, and employer policy leave.

1. What is Protected Leave?

Protected leave refers to time off from work that an employee is legally entitled to take without fear of losing their job. In the U.S., the Family and Medical Leave Act (FMLA) is the most widely known federal law governing protected leave. It allows eligible employees up to 12 weeks of unpaid leave per year for specific family and medical reasons, including:

  • Birth or adoption of a child
  • Caring for a spouse, child, or parent with a serious health condition
  • Personal serious health condition
  • Qualifying exigencies related to a family member’s military service

Importantly, FMLA ensures that employees return to the same or an equivalent job after their leave, with continuation of group health insurance coverage.

2. Short-Term Disability (STD) vs. Long-Term Disability (LTD)

Short-term disability is an employer-sponsored or private insurance benefit—not a law—that provides partial wage replacement when an employee is temporarily unable to work due to a medical condition.

Key features:

  • Typically covers 50–70% of your salary
  • Common coverage period is 3 to 6 months
  • Often requires a waiting period (7–14 days) before benefits begin
  • May run concurrently with FMLA leave

Unlike FMLA, STD does not protect your job, unless paired with a legal right such as FMLA. Think of STD as a paycheck supplement—not a job protection policy.In comparison, Long-term disability insurance kicks in when an employee is unable to work for an extended period—usually after short-term disability ends.

Key features:

  • Covers a portion of your salary (typically 50–60%) for an extended time
  • Requires documentation from medical professionals
  • May last years, sometimes until retirement age

LTD is not mandated by law and does not guarantee job protection. Employers are not required to hold your job open indefinitely, though reasonable accommodations may be required under the Americans with Disabilities Act (ADA).

4. Unpaid Leave (Outside FMLA)

In some cases, employees may request unpaid leave not covered under FMLA—for example, to care for a non-immediate family member or manage personal matters. Employers are not legally required to approve such leave unless:

  • You qualify under state-specific laws
  • It falls under the ADA as a reasonable accommodation
  • Your employer’s own policies allow it

If granted, unpaid leave may or may not include job protection—it depends on the employer’s discretion or state law.

Employer Policy Leave

Many companies offer leave benefits that go beyond what the law requires. These might include:

  • Paid parental leave
  • Paid bereavement leave
  • Extended sick leave
  • Sabbaticals

Such policies are typically outlined in employee handbooks. While generous, these types of leave are only protected to the extent the employer agrees to them. However, once promised in writing, they can become enforceable as part of your employment agreement. In sum, understanding your rights and the types of leave available can help you navigate tough situations without unnecessary stress. Always review your employee handbook, speak with your HR department, and when in doubt, consult a legal professional—especially when your health, income, or job security is on the line. While laws like FMLA and ADA offer a safety net, employer policies and insurance programs like STD and LTD can further support you during life’s unforeseen events.

Areyana Gilbert
Houston Employment Trial Lawyer Areyana Gilbert

This blog explores the contours of The Family and Medical Leave Act (FMLA) and its two different types of leave. It also highlights the intersection of employee and employer obligations as well as potential violations on behalf of the employer. FMLA is a federal law enacted in 1993 that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. The FMLA is designed to help employees balance work and family responsibilities while maintaining job security. There are two primary types of FMLA leave: intermittent and continuous. Understanding these types, the certification requirements, and how employers may potentially violate employees’ FMLA rights is essential for both employees and employers.

Continuous vs. Intermittent FMLA Leave

Continuous leave refers to an extended period of time away from work without interruption. This is typically used when an employee experiences a serious health condition, undergoes surgery, or is caring for a family member with a condition that requires consistent attention over a period of weeks or months. For example, an employee who needs six weeks off for recovery following childbirth would use continuous leave.

Intermittent leave, on the other hand, is taken in separate blocks of time due to a single qualifying reason. It can include taking leave for a few hours or days at a time for medical appointments, flare-ups of chronic conditions, or ongoing treatment. For example, an employee with a condition such as migraines or asthma may need to take a few hours or days off sporadically. Intermittent leave can also be used for planned treatments such as physical therapy or chemotherapy.

Employers must accommodate intermittent leave if it is medically necessary. However, they may require that employees make reasonable efforts to schedule leave to minimize disruption. When intermittent leave is unpredictable, employers may find it more difficult to manage staffing, but the law still protects the employee’s right to take such leave.

Medical Certification and Recertification

To qualify for FMLA leave, an employer may require the employee to submit a medical certification from a healthcare provider. This form verifies the serious health condition of the employee or their family member and is crucial for the approval of FMLA leave. The employer must give the employee at least 15 calendar days to obtain and return the completed certification.

Recertification may be required by the employer under certain conditions:

  1. Every six months: An employer may request recertification every six months in connection with an absence, even if the original certification indicated a longer duration.
  2. Changed circumstances: If the employee’s pattern of absences or the duration/frequency of leave deviates from what was originally certified, the employer may request recertification.
  3. Doubt of validity: If there is reason to doubt the legitimacy of the original certification, the employer may request a second or third opinion at their own expense.

Employers are not allowed to request recertification more often than allowed by law, and they must respect the privacy and dignity of the employee throughout the process.

Violations of Employee Rights

FMLA protects employees from retaliation or interference with their rights. Common ways employers may violate the FMLA include:

  • Denying leave to an eligible employee.
  • Failing to reinstate the employee to the same or an equivalent job after leave.
  • Retaliating against an employee for requesting or taking FMLA leave, such as by reducing hours, assigning less favorable tasks, or terminating employment.
  • Discouraging employees from taking leave or requiring unnecessary documentation.
  • Improper handling of certification: such as demanding excessive medical details, denying leave due to incomplete forms without allowing time to correct, or contacting the employee’s doctor directly without proper procedures.

Employees who believe their FMLA rights have been violated can file a complaint with the U.S. Department of Labor or pursue legal action.

In conclusion, understanding the differences between intermittent and continuous FMLA leave, the requirements for medical certification and recertification, and the protections afforded under the law is critical. Employers must handle FMLA requests with care and legality, while employees should be aware of their rights to ensure fair and lawful treatment in the workplace. If you think your rights have been violate dunder the FMLA, please contact an employment law attorney. 

Madeline Garza
Houston Employment Trial Lawyer Madeline Garza

Within employment law, the terms “hostile workplace” “harassment” and “hostile environment” often evoke images of a bully boss or inappropriate jokes. These types of situations are not uncommon. A majority of people can look at a past or current job that has created an environment that is intolerable.  With this being said, the biggest questions we get asked are “isn’t this unlawful?” and “when can I do something about this?” While conditions may walk that line of being intolerable, it does not automatically give rise to a legally actionable claim. 

On July 2, 1964, the federal government passed the Civil Rights Act of 1964. Passing of this act generated over five hundred hours of debates and five hundred amendments. One section of the act, Title VII, was created to prohibit employment discrimination. The Act prohibits employment discrimination based on race, sex, color, religion and national origin. It applies to private employers that have over fifteen employees, labor unions and employment agencies. The Act prohibits discrimination in recruitment, hiring, wages, assignment, promotions, benefits, discipline, discharge, layoffs and almost every aspect of employment. 

In 1967, Congress passed the Age Discrimination in Employment Act (ADEA), protecting individuals who are between 40 and 65 years of age from discrimination in employment. This Act solidified a failed amendment to Title VII, which would have included age in that act.

Then, in 1990, the American with Disabilities Act (ADA) was passed, making it the world’s first comprehensive civil rights law for people with disabilities. This prohibits employment discrimination against people with disabilities.

For a hostile work environment to be unlawful under laws such as Title VII of the Civil Rights Act, the ADEA,  the ADA, and their state counterparts, such as the Texas Labor Code, the hostility must be tied to the employee’s membership in a protected class. A hostile work environment exists when an employee is subjected to unwelcome conduct that is so severe or pervasive that it alters the conditions of employment and creates an abusive working atmosphere. However, the law does not serve as a general civility code. Instead, it targets conduct that is discriminatory in nature—meaning it is based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability, or genetic information. 

So, what does that entail? It means, a manager or coworker can be rude, difficult, and offensive, but if it is not due to a protected class, according to Federal and Texas law, it is not unlawful. 

Examples of a hostile workplace that is protected by federal and state laws include: offensive, discriminatory jokes or comments; unwanted contact, assaults or threats; ongoing microaggressions based on a protected class; exclusionary practices or behaviors toward a certain demographic; and targeting work product. 

Further, anti-discrimination laws prohibit harassment and targeting against employees who file a charge of discrimination, participate in an investigation or lawsuit regarding anti-discrimination laws, or oppose employment practices that they reasonably believe discriminate against individuals. This is considered protected activity. 

Additionally, the harasser can be the victim’s supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee. Also, the victim does not have to be the person harassed, it can be anyone affected by the offensive conduct.

Understanding the legal boundaries of hostile work environment claims is essential for both employees and employers. Employees must recognize that not all workplace mistreatment is legally actionable, and that the key to a successful claim lies in demonstrating a connection to a protected class. Employers, on the other hand, must ensure that their anti-harassment policies are not only in place but also enforced consistently and effectively.

If you feel like you have been discriminated against or subjected to a hostile workplace environment, please take some time to schedule a consultation with us to ensure your rights are protected.

https://www.eeoc.gov/summary-key-provisions-eeoc-enforcement-guidance-harassment-workplace
https://www.eeoc.gov/harassment

https://www.eeoc.gov/history/eeoc-history-law
https://www.wiley-wheeler.com
https://www.wiley-wheeler.com/lawyers/madeline-garza
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 the act of reporting illegal or dangerous behavior in the workplace. It’s not about stirring the pot—it’s about standing up for what’s right and safe.

Here are some situations where reporting is not only the right thing to do—it may also be protected by law:

  • • Fraud (like falsifying financial records or keeping fake employees on payroll).
  • • Harassment or discrimination that violates the law.
  • • Workplace safety violations (like equipment that could genuinely hurt someone).
  • • Wage theft (not being paid properly for overtime).

Laws That Protect People Who Raise Concerns

The law often protects employees who report serious problems at work. Here are a few important ones:

  1. 1. OSHA – Protects workers who report unsafe working conditions.
  2. 2. Sarbanes-Oxley Act – Offers protections for employees who report corporate fraud in publicly traded companies.
  3. 3. Dodd-Frank Act – Covers financial wrongdoing, including securities fraud, and may even provide financial rewards for certain reports.
  4. 4. Title VII of the Civil Rights Act – Protects those who report unlawful workplace discrimination or harassment.

Not Everything Counts as Protected Whistleblowing

While it’s always okay to express your concerns, not all complaints are protected by whistleblower laws. The key factor is whether the issue you’re reporting involves illegal conduct where reporting that conduct is also protected under the law. Just because something feels unfair or frustrating does not mean that an employee is protected from retaliation when reporting the behavior.

Here are some examples of what may not be covered:

  • • A coworker’s questionable lunch choices.
  • • A teammate who talks too loud during meetings.
  • • General disagreements with management decisions.
  • • Office favoritism that’s unfair but not unlawful.

Understanding Retaliation

If you report something illegal and then face negative consequences because of it, that could be unlawful retaliation. Examples include:

  • • Getting reassigned to worse shifts.
  • • Being passed over for promotions.
  • • Exclusion from important meetings or projects.
  • • Sudden changes in responsibilities or performance reviews.

If This Sounds Familiar—You May Have a Legal Claim

How to Speak Up Thoughtfully and Safely

  1. 1. Talk to a Professional First
    Before going straight to HR, consider speaking with an employment attorney. They can help you understand whether the issue you’re seeing is legally protected and what your rights are.
  2. 2. Follow the Right Process
    Some laws require reports to go to specific people or agencies. For example, in Texas, a public employee must report to a proper law enforcement agency to be protected under the Texas Whistleblower Act. Knowing the right channel matters.
  3. 3. Know Your Rights and Be Prepared
    Whether your complaint is protected or not, it’s wise to document your concerns and understand your options. If you ever need to take action, being prepared can make all the difference.

Final Thoughts: It’s About Integrity

Raising concerns in the workplace takes courage. Whether you’re addressing safety issues, unlwful discrimination, or fraud, you’re doing something important—not just for yourself, but for your coworkers and your organization.

People who speak up about wrongdoing are not troublemakers—they’re individuals who care enough to take action. And in many cases, the law recognizes and protects that bravery.

If you’re thinking about raising a concern and aren’t sure what protections apply, we have employment lawyers available for consultation to discuss those concerns and to help you understand your rights.

Rachel Bethel
Austin Employment Trial Lawyer Rachel Bethel

Being part of a mass layoff can be a devastating, shocking experience. 

Employees often have questions. “Was this legal?” “Am I getting paid at all?” “Is there any recourse for me?”

This blog outlines some key rights and considerations that workers should be aware of when facing a mass layoff here in Texas.

1. The WARN Act – Advance Notice Requirements

One of the most important protections for workers affected by mass layoffs comes from the Worker Adjustment and Retraining Notification (WARN) Act. This is a federal law that requires certain employers to provide:

  • At least 60 days’ advance written notice of a mass layoff 
  • Generally applies to companies with 100+ employees (typically counting only those who have worked for the company for more than 6 of the last 12 months)
  • Applies when 50+ employees at a single site will be laid off 

If your employer fails to provide this notice, you may be entitled to up to 60 days of back pay and benefits.

Some states have their own “Mini-WARN” laws that are stricter than the federal version (e.g., New York, California, New Jersey). Texas does not have its own version of the WARN Act.

2. Severance Pay 

There is no law that requires severance pay. However, your right to a severance may come from a company policy, employment contract, or union agreement.

Even if not required, many employers offer a severance in exchange for signing a release of claims. Consider requesting additional time to review the agreement instead of accepting right away.

Also note that if you receive severance pay, it may impact your ability to obtain unemployment benefits in Texas.

Consult an attorney if you have questions or concerns about this.

3. Health Insurance: COBRA Coverage

After termination, you may have the option to continue your group health insurance under COBRA:

  • COBRA allows you to continue your existing health plan for up to 18 months
  • You’ll typically pay the full premium yourself (often significantly more expensive than during employment)

Look for your COBRA notice in the mail. Don’t ignore it & don’t forget to look for it.

4. Unemployment Benefits

You may be eligible for unemployment benefits after a mass layoff. File promptly with your state unemployment office. 

Note that your Texas unemployment benefits may be delayed based on whether you are receiving pay upon your termination. 

5. Age Discrimination Protections (OWBPA)

If you are 40 or older, and your employer (with 20+ employees) asks you to sign a release of claims (e.g., in exchange for severance), the Older Workers Benefit Protection Act (OWBPA) can offer extra protections, including:

  • At least 21 days to review the agreement (or 45 days in a mass layoff)
  • At least 7 days to revoke it after signing
  • A written agreement in plain language, not complex “legalese”

6. Discrimination or Retaliation Concerns

Even in a mass layoff, employers cannot target individuals based on protected characteristics.

If you believe you were selected unfairly, you may want to consult one of our Texas employment lawyers to discuss this further. 

7. Thoroughly Review Any Waivers or Releases

Most severance agreements include language that waives your right to sue your employer. Don’t sign without understanding:

  • What rights you are giving up
  • Whether the compensation offered is fair
  • If you should negotiate for better terms 

This is a good time to contact an attorney to help you read through and understand what the agreement entails. Once signed, these agreements are often final.

We’re Here to Help

Mass layoffs can feel overwhelming. Knowing your rights will help you make more informed decisions. 

If you have questions about your company’s layoff, feel free to contact one of our Texas employment attorneys.