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Age discrimination

Mass layoffs: What must your employer do?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.

Cat's paw

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.

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.

Disability discrimination

Holidays and Parties and Drinking, Oh My!Fair Trials for Employees with Intellectual DisabilitiesA Complicated Relationship: Covid-19 and Disability Discrimination

EEOC

A Complicated Relationship: Covid-19 and Disability DiscriminationStanding After DeathWhat is Exhaustion of Administrative Remedies?

Employee breaks

OSHA Should Adopt a National Heat Standard to Protect WorkersA triable issue exists as to whether a disabled employee could perform his job with or without accommodation when the requested accommodation would eliminate, even temporarily, his physical limitation.

Employee Rights

Is What’s Mine Actually Theirs?: Explaining Employee Work Product Mass layoffs: What must your employer do?They Shoot, They Score: What the World Cup Means for Pay Parity

Employment Contracts

Is What’s Mine Actually Theirs?: Explaining Employee Work Product Can Your Employer Fire You For MoonlightingWho pays the attorneys’ fees? Does the “American Rule” Rule?

Employment Discrimination

Holidays and Parties and Drinking, Oh My!Mass layoffs: What must your employer do?Fair Trials for Employees with Intellectual Disabilities

Failure to hire

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.A plaintiff’s own assertions about his official job duties can plausibly establish that his actions were outside the course and scope of his job duties.

Fair Pay

They Shoot, They Score: What the World Cup Means for Pay ParitySo, your boss wants to pay the sexes differently for the same workPlanes, Trains, Automobiles, and the Outside Sales Exemption

FLSA violations

“Quiet Quitting”: Setting appropriate boundaries at work and the legal protections you may have to do soWhy is it that servers are bagging up online orders for Uber, DoorDash, etc. and only getting paid $2.13 per hour to do so?Shortchanged: Wage Theft and Your Rights Under the FLSA

FMLA violations

Holidays and Parties and Drinking, Oh My!How Hard Is it To Get Your Day In CourtThankful for “Overtime (Bonus) Pay” on Holidays and Merry for Paid Holidays

Gender discrimination

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.decisionmaker asserting influence over other members of the deciding board with regards to terminating the employment contract of a Caucasian male only in order to replace him with an African-American female is evidence of pretext.

Government Employees

Texas must change the Texas Whistleblower Act to protect whistleblowersYe Olde Qui TamRecent Texas Whistleblower Act Decision from the Dallas Court of Appeals

Hostile Work Environment

The Hostile Work EnvironmentTo prove constructive discharge, Plaintiff must demonstrate a greater severity or pervasiveness of harassment than the minimum required to prove a hostile working environment.regular pattern of frequent verbal ridicule or insults sustained over time can constitute severe or pervasive harassment sufficient to violate Title VII.

Immunity/Affirmative Defense

An Employee’s Duty to MitigateSubmission 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.Defendant’s expressions of doubt that plaintiff could perform the job duties for a prospective employer were not protected by Tex. Lab. Code § 103, which makes employers immune from suit for describing the manner in which an employee performed her job duties for that employer.

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.

National origin

Evidence that plaintiff was fired for not signing a form that was not required in the past, coupled with prima facie case, shows pretext.Non-racial name-calling based on plaintiff’s reaction to alleged discriminatory acts is evidence of discrimination.

Overtime claims

Planes, Trains, Automobiles, and the Outside Sales ExemptionDepartment of Labor’s New Proposed Regulations Pose a Threat to Employee RightsAn employee may defeat a Twombly motion to dismiss by pleading that he is a nonexempt employee that worked in excess of forty hours per week and was not paid one and a half times his regular rate of pay for overtime hours worked.

Pregnancy discrimination

Women Who are Trying to get Pregnant are Protected from Discrimination under Texas LawPregnancy 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.

Race Discrimination

Holidays and Parties and Drinking, Oh My!Never Forget Atlantis Sank and Camelot Failed: An Optimist’s Guide to NowWearing My Crown Proudly – Your Tradition is Not My Tradition

Religion discrimination

Holidays and Parties and Drinking, Oh My!Wearing My Crown Proudly – Your Tradition is Not My TraditionAn employee may provide evidence to rebut an employer’s undue hardship defense or its evidence of a neutral policy.

Retaliation

Just asking, Is that protected activity?How do you show a causal link between an adverse action and protected activity in retaliation claims?The Texas Health and Safety Code: An Often Forgotten Tool in Helping Texas Workers

Severance agreements

Mass layoffs: What must your employer do?Layoffs and Severance AgreementsA 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

So, your boss wants to pay the sexes differently for the same workNever Forget Atlantis Sank and Camelot Failed: An Optimist’s Guide to NowA fact issue exists as to whether or not an applicant applied for the open position, when the decision maker fails to follow his own policy of going to back to review early applications after the position is formally posted.

Sexual Harassment

Holidays and Parties and Drinking, Oh My!Sexual Harassment in Texas: Number of Employees No Longer a DefenseWhat to do if You are the Victim of Discrimination at the Workplace

Unpaid wages

Planes, 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?How Can I Get My Unpaid Commissions?

Whistleblower claims

Texas must change the Texas Whistleblower Act to protect whistleblowersYe Olde Qui TamRecent Texas Whistleblower Act Decision from the Dallas Court of Appeals

Wrongful termination

Can Your Employer Fire You For MoonlightingJust asking, Is that protected activity?An Employee’s Duty to Mitigate

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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.