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.

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.