Skip to content

Texas Employment Lawyer

Discrimination, Retaliation, Wrongful Termination, and Unpaid Wages

Rob Wiley, P.C. logo

Menu

HomeAbout UsAustinHoustonPractice AreasSub-MenuEmployment DiscriminationEmployee RightsFair PayGovernment EmployeesLeaveCurrent Page:TopicsContact
Search
Close
Rob Wiley, P.C. logo

Topics

ADA

Don’t Drop the Ball, It’s Your Call. A Deeper Look into the Employee’s Duty Under the Interactive ProcessNavigating Mental Health Accommodations in the WorkplaceAddiction and the ADA

Age discrimination

Understanding Age Discrimination Claims: A Guide for Workers Over 40I’m now protected under the ADEA!Mass layoffs: What must your employer do?

Alternative Dispute Resolution

Arbitration Agreements and Their Impact on Employment Disputes

Arbitration

Arbitration Agreements and Their Impact on Employment DisputesCan an Arbitration Agreement Really Shorten My Time to File A Lawsuit?A Day in Court: The Current State of Arbitration Agreements

At-Will

The FTC's Final Rule Banning Non-Compete Agreements: A Win forEmployees in TexasNew Year, New LawsA Day in Court: The Current State of Arbitration Agreements

Bankruptcy

When the Ship Sinks

Black History Month

Confirmation Hearing or Political Grandstanding?Life Imitating Art: Colin in Black and WhiteBlack History Month – Celebrating the Path

Breach of Contract

Broken Promises: When Your Contract Ghosts You!The FTC's Final Rule Banning Non-Compete Agreements: A Win forEmployees in TexasJob Hopping: A Quick Phenomenon, or a Change in the Job Market Tide?

Cat's paw

Unpacking the Claws of Cats Paw TheoryEvidence that co-employee or manager misrepresented employment test results that may have been caused by employee’s disability shows disability animus that may be imputed to company to show pretext because employer relied on that misrepresentation to terminate plaintiff.

clinic

The Texas Health and Safety Code: An Often Forgotten Tool in Helping Texas Workers

Collective Bargaining Agreements

They Shoot, They Score: What the World Cup Means for Pay ParityCertifying only part of a store can satisfy the Community Interest Test.

Commissions

Staffing Agencies and Sexual Harassment, Liability Can AttachHow Can I Get My Unpaid Commissions?

Compensatory Damages

Mental Anguish Damages in Texas and the Fifth Circuit

Concultation

Consult with an Attorney Before Deciding Whether to Fight or Walk Away

Constitutional Law

The Administrative Procedure Act: the Achilles of the Trump Agenda.EXECUTIVE ORDERS V. THE CONSTITUTIONRemembering the Death of a Constitutional Right

Constructive Discharge

Wrongful Termination and Constructive Discharge: Not Interchangeable Terms

Consultation

The FTC's Final Rule Banning Non-Compete Agreements: A Win forEmployees in TexasFind an attorney you trust. Then, listen.

COVID-19

New Year, New LawsA Complicated Relationship: Covid-19 and Disability DiscriminationReasonable Accommodations: A Tale of Two Statutes

Current Events

News or Not: Updates Your Attorney Should Know AboutThe Administrative Procedure Act: the Achilles of the Trump Agenda.The Recent Attack on Worker’s Rights  

Defamation

Fake News: Libel and Defamation Per SeDefamed: The Reality of a Blockbuster

Department of Labor

Exploring the Different Governmental Agencies that Investigate and Enforce Labor and Employment LawsDepartment of Labor Issues New Regulations for Tipped Employees

Disability

Pre-Onboarding Disability Inquiries: To What Extent Am I Required to Disclose?Service Animals Under the Americans with Disabilities ActProtecting Yourself as an Employee with Invisible Disabilities in Texas

Disability discrimination

Weight Discrimination Legislation on the Rise Say Yes to the Dress…Code?Holidays and Parties and Drinking, Oh My!

Discrimination

Bill to a Law: Importance of Staying Up to Date With Your State’s LegislatureCan My Employer Discriminate Against Me for My Political Beliefs?Understanding Age Discrimination Claims: A Guide for Workers Over 40

Drug Testing

What Happens on “Four Twenty-One”?

EEOC

The Recent Attack on Worker’s Rights  Exploring the Different Governmental Agencies that Investigate and Enforce Labor and Employment LawsNew EEOC Guidance on Harassment: A Helpful Guidepost for Creating A Safer Workplace

emergency paid sick leave

The Beginning of the End: The Current Status of the Families First Coronavirus Care Act and Your Rights Under It

Employee Rights

My Employer Asked Me to Engage in Illegal Activity. Help!FAQs About Non-Compete Agreements  The Recent Attack on Worker’s Rights  

Employment Contracts

Trust the Print: Why “Consult an Attorney” Is NOT Just a Suggestion!What to Look Out for in Your Onboarding Paperwork: A Lawyer’s Guide for New EmployeesA Day in Court: The Current State of Arbitration Agreements

Employment Discrimination

Bill to a Law: Importance of Staying Up to Date With Your State’s LegislatureUnveiling the Truth: Anti-DEI and Pro-Discrimination Are One and the SameEmployment Discrimination is Still Illegal – Regardless of Presidential Orders

Ethics

My Employer Asked Me to Engage in Illegal Activity. Help!Self-Care: The Life of an Employment Attorney, Not That of a Superhero

Failure to hire

Weight Discrimination Legislation on the Rise An employer’s proffer of its own policy is not competent in itself as evidence the policy was followed.When pleading knowledge, it is enough to plead simply that the bad actor knew and this this precipitated the bad acts.

Fair Pay

Narrowing Wage Gaps with Pay Transparency LawsHoliday PayDon’t Play with Holiday Pay

Federal Constitution

The Administrative Procedure Act: the Achilles of the Trump Agenda.EXECUTIVE ORDERS V. THE CONSTITUTIONA Steeper Hill: The Effects of Justice Amy Coney Barrett’s Appointment on Employer Rights

FFCRA

The Beginning of the End: The Current Status of the Families First Coronavirus Care Act and Your Rights Under It

Firm Event

The stuff that dreams are made of The 2022 NELA Convention in San Francisco

First Amendment

EXECUTIVE ORDERS V. THE CONSTITUTIONCommon Misconceptions Regarding Free Speech

FLSA violations

Tips for You, Me, and not TheeExploring the Different Governmental Agencies that Investigate and Enforce Labor and Employment LawsHoliday Pay

FMLA

Exploring the Different Governmental Agencies that Investigate and Enforce Labor and Employment LawsAre You Being Retaliated Against or Harassed for Taking FMLA Leave?Is Discouraging FMLA Leave Unlawful Interference?

FMLA violations

Lawyer: “Don’t Do That.” You: Do It AnywayThe Administrative Procedure Act: the Achilles of the Trump Agenda.Arbitration Agreements and Their Impact on Employment Disputes

Fraud

Mass layoffs: What must your employer do?Can I Get Paid for My On Call Time?How Can I Get My Unpaid Commissions?

Gender discrimination

Say Yes to the Dress…Code?Freyd v. University of Oregon: What does equal work mean under the Equal Pay Act?An employee can demonstrate pretext where other individuals that assisted with her complaint also experience an adverse employment action.

Government Employees

The Administrative Procedure Act: the Achilles of the Trump Agenda.But-For Causation Under OSHA Whistleblower 11 (c) Protection Governmental Immunity & You

Grievance Procedures

Recent Texas Whistleblower Act Decision from the Dallas Court of Appeals

Halloween

Hauntings and Hankerings A Look at Haunted Houses and Vampires Through Employment Law

healthcare workers

The Texas Health and Safety Code: An Often Forgotten Tool in Helping Texas Workers

History

A Moment in History: This little Piggy…in Texas?Meet our new summer Intern, Evan Skinner! Part 2Meet our new summer Intern, Evan Skinner! Part 1

hospital

The Texas Health and Safety Code: An Often Forgotten Tool in Helping Texas Workers

Hostile Work Environment

Weight Discrimination Legislation on the Rise The Law on LoveHouston, We Have a Problem: Understanding Hostile Work Environments and Employee Rights"

Immunity/Affirmative Defense

Governmental Immunity & YouThe Fifth Circuit has ruled that Texas Charter Schools are not arms of the StateSubmission of online application by Plaintiff authorizing prior employers to provide full details of past employment does not waive a mutual non-disparagement provision of a settlement agreement.

Imputing Improper Motive

An employer’s proffer of its own policy is not competent in itself as evidence the policy was followed.When pleading knowledge, it is enough to plead simply that the bad actor knew and this this precipitated the bad acts.Evidence that co-employee or manager misrepresented employment test results that may have been caused by employee’s disability shows disability animus that may be imputed to company to show pretext because employer relied on that misrepresentation to terminate plaintiff.

Independent Contractor

You Might Be Paying Your Employer’s Taxes! Hidden Dangers of MisclassificationDepartment of Labor’s New Proposed Regulations Pose a Threat to Employee Rights

Leave

Lawyer: “Don’t Do That.” You: Do It AnywayThe Administrative Procedure Act: the Achilles of the Trump Agenda.Arbitration Agreements and Their Impact on Employment Disputes

Legal Writting

How Hard Is it To Get Your Day In CourtBasic outline of removal and remanding a case

Libel

Fake News: Libel and Defamation Per Se

Litigation

Can an Arbitration Agreement Really Shorten My Time to File A Lawsuit?When the Ship SinksKnowing When to Throw ‘Em

Mass Layoffs

Mass layoffs: What must your employer do?Expecting the Unexpected: Mass Layoffs and Workers’ Rights Under the WARN Act

Mediation

The Mediation Scaries: A Guide 

Minimum Wage

Collective Actions after SwalesUnderstanding the Difference Between an Independent Contractor and EmployeeDepartment of Labor Issues New Regulations for Tipped Employees

Motion Practice

How Hard Is it To Get Your Day In CourtBasic outline of removal and remanding a case

National Labor Relations Act

Exploring the Different Governmental Agencies that Investigate and Enforce Labor and Employment LawsThe WGA Writers Strike: A Showing of Solidarity and the Power of Unions

National origin

Bias in Hair Follicle Drug Tests: Detangling InjusticeSay Yes to the Dress…Code?Evidence that plaintiff was fired for not signing a form that was not required in the past, coupled with prima facie case, shows pretext.

NELA

The stuff that dreams are made of The 2022 NELA Convention in San Francisco

Non-Compete Agreement

FAQs About Non-Compete Agreements  7 Common Provisions in an Employment AgreementA Texas Judge’s Decision to Block the FTC's Non-Compete Ban:

OSHA

But-For Causation Under OSHA Whistleblower 11 (c) Protection Exploring the Different Governmental Agencies that Investigate and Enforce Labor and Employment LawsWho’s Who: OSHA’s Amended Walkaround Rule

Overtime claims

Holiday PayDon’t Play with Holiday PayUnderstanding the Difference Between an Independent Contractor and Employee

Pregnancy discrimination

Pregnancy discrimination laws get a face-lift with the Pregnant Workers Fairness Act ("PWFA")Is Pregnancy Protected Under the Americans with Disabilities Act?Pregnancy discrimination can occur when the employee is terminated three months after the birth as long as there is some relation to the termination and pregnancy.

Pretext

An employer’s failure to comply with the plain language of its own policy is enough to raise a genuine dispute of material fact as to the true reason for firing an employee.Failure to retain other older employees, Plaintiff who was 66, another who was 60, and two other older employees, after “outsourcing,” while retaining younger employees bolsters an inference of pretext.Evidence that the hiring decisions were based on subjective considerations such as, “looking for…a candidate…to kind of complement [him]” or “felt that [the successful] applicant would be a good instruction leader for her teachers,” may be pretext for age discrimination.

Quantum Meruit

Mass layoffs: What must your employer do?Can I Get Paid for My On Call Time?How Can I Get My Unpaid Commissions?

Qui Tam

Houston Employees Unite: Navigating the WARN Act for Job SecurityYe Olde Qui Tam

Qui Tam

Ye Olde Qui Tam

Race Discrimination

Bias in Hair Follicle Drug Tests: Detangling InjusticeSay Yes to the Dress…Code?Holidays and Parties and Drinking, Oh My!

Reasonable Accommodation

Service Animals Under the Americans with Disabilities ActPregnancy discrimination laws get a face-lift with the Pregnant Workers Fairness Act ("PWFA")

Religion discrimination

Say Yes to the Dress…Code?Holidays and Parties and Drinking, Oh My!Wearing My Crown Proudly – Your Tradition is Not My Tradition

Retaliation

What Qualifies as Actionable Retaliation?Revenge may be a dish best served cold, but it still may be actionableJust asking, Is that protected activity?

Retaliation

Revenge may be a dish best served cold, but it still may be actionableAre You Being Retaliated Against or Harassed for Taking FMLA Leave?Mistletoe and Martinis: Caution When Mixing Office Holiday Fun and Cocktails

Severance agreements

Navigating the Professional Crossroads: Understanding Severance AgreementsMass layoffs: What must your employer do?A severance agreement that does not mention of overtime claims, hours, or wage amounts, does not compute alleged overtime hours worked to which the release applies, and does not refer to any dispute about overtime wages is not an enforceable release of FLSA rights.

Sex Discrimination

Mistletoe and Martinis: Caution When Mixing Office Holiday Fun and CocktailsThe Highlight of NELA 2023 – Appreciating Bostock, Stephens, and ZardaIs Pregnancy Protected Under the Americans with Disabilities Act?

Sexual Harassment

Staffing Agencies and Sexual Harassment, Liability Can AttachThe Law on LoveMistletoe and Martinis: Caution When Mixing Office Holiday Fun and Cocktails

Slander

Fake News: Libel and Defamation Per Se

Supreme Court

The Administrative Procedure Act: the Achilles of the Trump Agenda.EXECUTIVE ORDERS V. THE CONSTITUTIONThe Highlight of NELA 2023 – Appreciating Bostock, Stephens, and Zarda

Texas Health and Safety Code

The Texas Health and Safety Code: An Often Forgotten Tool in Helping Texas Workers

Texas Payday Law

World Cup Woes: An Examination of the Working Conditions in QatarCan I Get Paid for My On Call Time?How Can I Get My Unpaid Commissions?

Texas State Constitution

Bill to a Law: Importance of Staying Up to Date With Your State’s LegislatureCommon Misconceptions Regarding Free Speech

Texas Workforce Commission

Wait, Do I Need a Lawyer for This? Texas Workforce Commission Unemployment HearingsThe Appeal Process for an Unemployment Claim at the TWCWhat is Exhaustion of Administrative Remedies?

Tip pool

Tips for You, Me, and not TheeHelpful Tips Regarding Tipped EmployeesWhy is it that servers are bagging up online orders for Uber, DoorDash, etc. and only getting paid $2.13 per hour to do so?

Tipped Employees

Tips for You, Me, and not TheeHelpful Tips Regarding Tipped EmployeesTipped Employees: How to Properly Calculate your Regular Rate Pay for Overtime Purposes

Tips

Tips for You, Me, and not TheeHelpful Tips Regarding Tipped EmployeesTipped Employees: How to Properly Calculate your Regular Rate Pay for Overtime Purposes

Title VII

Narrowing Wage Gaps with Pay Transparency LawsHow Prompt is PromptMistletoe and Martinis: Caution When Mixing Office Holiday Fun and Cocktails

Trial Experience

Knowing When to Throw ‘EmHow Hard Is it To Get Your Day In CourtFair Trials for Employees with Intellectual Disabilities

Unemployment

Can I Obtain Unemployment as a Seasonal or Temporary Worker in Texas?Ending the Toxic (Employment) RelationshipWait, Do I Need a Lawyer for This? Texas Workforce Commission Unemployment Hearings

Unpaid wages

Holiday PayPlanes, Trains, Automobiles, and the Outside Sales ExemptionWhy is it that servers are bagging up online orders for Uber, DoorDash, etc. and only getting paid $2.13 per hour to do so?

Vote

Bill to a Law: Importance of Staying Up to Date With Your State’s LegislatureWhy Voting MattersElection Time Again: Every Vote Counts

WARN Act

Understanding Your Rights Under the WARN Act: When Alamo Drafthouse Closed Without NoticeMass layoffs: What must your employer do?Expecting the Unexpected: Mass Layoffs and Workers’ Rights Under the WARN Act

Whistleblower claims

But-For Causation Under OSHA Whistleblower 11 (c) Protection Texas must change the Texas Whistleblower Act to protect whistleblowersYe Olde Qui Tam

Wrongful termination

Wrongful Termination and Constructive Discharge: Not Interchangeable TermsCan Your Employer Fire You For MoonlightingJust asking, Is that protected activity?

(713) 337-1333
Contact Us - Austin
Contact Us - Houston
Photo of Robert J. WileyRobert J. WileyTrial Lawyer
Photo of Colin W. WalshColin W. WalshTrial Lawyer
Photo of Kalandra N. WheelerKalandra N. WheelerTrial Lawyer
Photo of Jairo N. CastellanosJairo N. CastellanosTrial Lawyer

Stay Connected

Facebook Twitter LinkedIn

Topics

Archives

Recent Upates

  • You Might Be Paying Your Employer’s Taxes! Hidden Dangers of Misclassification
  • Bill to a Law: Importance of Staying Up to Date With Your State’s Legislature
  • Can My Employer Discriminate Against Me for My Political Beliefs?
  • Lawyer: “Don’t Do That.” You: Do It Anyway
  • News or Not: Updates Your Attorney Should Know About
Copyright © 2025, Texas Employment Lawyer Blog All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo
Rob Wiley, P.C. logo
Facebook Twitter LinkedIn
Privacy PolicyDisclaimer
1011 San Jacinto Boulevard
Suite 401
Austin, Texas 78701
United States
Get Directions
Phone: (512) 271-5527
Fax: (512) 287-3084
1651 Richmond Avenue
Houston, Texas 77006
United States
Get Directions
Phone: (713) 337-1333
Fax: (713) 337-1334

About the Texas Employment Lawyer Blog

The Texas Employment Lawyer Blog is maintained by  Texas Employment Attorneys Kalandra Wheeler and Colin Walsh, and serves as a resource for employees with the goal of protecting the rights of individuals facing discrimination and unfair employment practices in Texas. If you need someone to give you a voice, we also provide consultations to assist in your employment issue.

The attorneys responsible for this the Texas Employment Lawyer blog are Kalnadra Wheeler, principle place of business Houston, Texas, and Colin Walsh, principle place of business Austin, Texas.