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News Wrongful Termination, Workers' Compensation and Work Injuries

Free Speach Rights of Public Employees is severly limited new Court Opinion

Written by Mr. Roger Davie on Monday, 01 Jun 2015.

In the case of Graziosi v. City of Greenville Mississippi, 2015 U.S. App. LEXIS 370 (5th Cir. 2015 the 5th Cir held that  a city police sergeant was not protected from retaliation by the First Amendment with respect to her Facebook post criticizing the police chief for failing to allow officers to use department vehicles to attend the funeral of an officer from another town, and for his  lack of leadership. She sued claiming she was fired for exercising her free speech ri [read more]

Employers who do not have workers' compensation but have their own plan or are self-insured have almost unlimited ability to deny claims of injured workers

Written by Mr. Roger Davie on Friday, 22 May 2015.

In a prior post I have written about the fact that many workers in El Paso, Texas work for employers who do not carry Texas workers' compensation but have their own self insured work injury plans known as ERISA plans.  These employers are known as nonsubscribers because they do not subscribe to the Texas workers' compensation system. Many large and smaller employees work for these non-subscribing employers.  Some of the largest employers in El Paso have their own ERISA injury [read more]

Work Injuries in El Paso, Texas (Workers' Compensation and Nonsubscribers)

Written by Mr. Roger Davie on Thursday, 21 May 2015.

Workers' compensation is a state-regulated insurance system that is suposed to ensure that medical bills and some lost wages are paid for employees injured on the job. Texas does not require most private employers to have workers' compensation insurance coverage. Employers not providing workers' compensation insurance coverage are known as non-subscribers. Texas is unusual because most States require that all or almost all employer carry workers' compensation.  If the emp [read more]

What evidence do you need to prove discrimination?

Written by Mr. Roger Davie on Tuesday, 12 May 2015.

Recently the 5th Circuit Court of Appeals reversed a decision dismissing an employee's lawsuit on discrimination for lack of evidence.  In this case of Etienne v. Spanish Lake Truck & Casino Plaza, L.L.C., 547 Fed. App. 484 (5th Cir. 2015) the 5th Cir held that evidence a decision-making supervisor’s comment to an employee seeking promotion that “dark skin black persons” were not permitted to handle money at the casino, and that the employee “was too black to do various tasks a [read more]

How much younger is substantially younger in an Age case?

Written by Mr. Roger Davie on Tuesday, 12 May 2015.

As I have written about before you can prove an age discrimination case by circumstantial evidence if you can prove that you were replaced by a substantially younger individual and that there was no reason or a false reason for your termination.  But the question that always arises is what is substantially younger?  The 5th Cir in Flanner v. Chase Investment Services Corp., 2015 U.S. App. LEXIS 1603 (5th Cir. 2015) (unpublished) held that 5 years younger could be substantially [read more]

Roger Davie was named a 2015 Super Lawyer

Written by Mr. Roger Davie on Wednesday, 22 Apr 2015.

Roger Davie was named as a Super Lawyer again in 2015 in the area of Employment law. this is a Nation wide award that is given to only the premier lawyers in the Nation.  The receipients are vetted through local nominations of other practicing attorneys.  This is considered one of the most prestigious awards to be bestowed on a lawyer.

The EEOC issues new guidelines for "Wellness" programs of employers

Written by Mr. Roger Davie on Thursday, 16 Apr 2015.

Many employers who have group health insurance for their employees have what are known as "wellness programs".  These programs are designed as incentives for employees to have more healthful lifestyles.  As part of these programs the employees are sometimes required to give personal information such as blood pressure readings, cholesterol reading and Body Mass Index calculations (BMI).  The goal of course is for employees to be healthier so that they can be better employe [read more]

Lost future wages (front pay) in discrimination cases

Written by Mr. Roger Davie on Friday, 27 Mar 2015.

Front pay compensates the employee for the future effects of discrimination when reinstatement would be an appropriate, but not feasible, remedy or for the estimated length of the interim period before the plaintiff could return to her former position. Pollard v. E.I. du Pont de Nemours & Co., 532 U.S. 843, 850 (2001).  Although reinstatement is preferred under the law, front pay may be awarded instead  of reinstatement when (1) no position is available; (2) a&nb [read more]

Drilling Company agrees to pay 12 million dollar settlement

Written by Mr. Roger Davie on Thursday, 26 Mar 2015.

Drilling company Patterson-UTI Energy Inc. on Tuesday agreed to pay $12.2 million to settle the U.S. Equal Employment Opportunity Commission’s lawsuit accusing it of discriminating against its minority workers and allowing a hostile work environment.  The settlement will compensate minority workers who were subject to discrimination since 2006.  This is not the first time a this company has been sued for discrimination.  Back in 2007  Don Alveshere is a Native Americ [read more]

Damage Caps

Written by Mr. Roger Davie on Thursday, 26 Mar 2015.

Title VII - the main Discrimination Statute in the United States has damage caps based on the number of employee: For employers with 15-100 employees, the limit is $50,000. For employers with 101-200 employees, the limit is $100,000. For employers with 201-500 employees, the limit is $200,000. For employers with more than 500 employees, the limit is $300,000. This is the number when the discrimination took place not at the time of trial (Vance V. Union Planters Corp 5th C [read more]