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News Wrongful Termination, Workers' Compensation and Work Injuries

Before you can sue your employer for retaliation for reporting discrimination does the discriminated employee have to do the reporting?

Written by Mr. Roger Davie on Tuesday, 08 Sep 2015.

In a recent Federal District Court case a Federal Judge in the Western District ruled that the employee was not required to report the discrimination when the discrimination was open and pervasive.  This case involved same-sex harassment which normally always requires that the employer be put on notice of the discrimination before they can be held liable (assuming they have a sexual harassment policy and that the policy is communicated to the employees).  However, the Federal [read more]

What does "at-will" employment mean in Texas?

Written by Mr. Roger Davie on Tuesday, 08 Sep 2015.

What does "at-will" employment mean in Texas? "At-will" employment means that your employer can fire you with or without cause.  In other words your employer can fire you for no reason at all or even a bad reason as long as it is not an illegal reason.  There are many illegal reason (race, color, religion, sex, age, discrimination, national origin to name a few), but you cannot  be fired if you have an actual contract of employment.   So what constitutes a cont [read more]

What evidence do you have to have to prove discrimination? Apparently "Old Fart" comment was enough.

Written by Mr. Roger Davie on Tuesday, 08 Sep 2015.

When suing for discrimination there has long been an issue about what evidence is need to prove discrimination.  There has been a notion that many discriminatory statements by supervisors are not evidence of discrimination but are simply what are known as "stray remarks".  This "stray remark" doctrine has allowed Judges to basically eliminate legitimate discrimination claims from even going to jury because the Judge believes that the remarks are not sufficient to prove di [read more]

President Obama announces paid time off for Federal Contractors

Written by Mr. Roger Davie on Tuesday, 08 Sep 2015.

On Labor Day President Obama announced that he had issued an executive order that Federal Contractors are now required to provide up to 7 days of paid days of sick time (based on an accrual system for time worked).  This order only applies to employers who do Federal Contracts. "Right now, about 40% of private-sector workers -- 44 million people in America -- don't have access to paid sick leave," Obama said in announcing the order. "Unfortunately, only Congress has the power [read more]

Who is your employer if you work for a Staff-Leasing or Temporary employment Agency?

Written by Mr. Roger Davie on Thursday, 27 Aug 2015.

The National Labor Relations Board (NLRB) today handed down an opinion that changes the question of who is your employer?  At issue was the definition of a joint-employer. Employers over the past several decades have moved to hire employees through staff-leasing companies, temporary employment agencies and sub-contractors.  In this case the NLRB stated stated that these types of employees are now joint-employees which reflects the real world situation the these employees find [read more]

Texas Supreme Court rules that Punitive Damages Available to Truck Driver who refused to drive a company truck that was not in compliance with all Department of Transportation regulations.

Written by Mr. Roger Davie on Thursday, 27 Aug 2015.

Texas Supreme Court rules that Punitive Damages Available to Truck Driver who refused to drive a company truck that was not in compliance with all Department of Transportation regulations. Texas has only one public policy exception to the at-will employment doctrine.  That policy is known as the Sabine Pilot exception states that an employer cannot be terminated for refusing to do an illegible act.  In this case a truck driver was terminated when he refused [read more]

Minimum Wage, Overtime Rules Apply to Home Health Workers

Written by Mr. Roger Davie on Friday, 21 Aug 2015.

Since 1974 Federal Law under the Fail Labor Standards Act Exempted Home Care Workers from wage and overtime requirements.  However the U.S. Court of Appeals for the District of Columbia ruled that the Department of Labor has the right to change that exemption.   The Court found that when the exemption was first in place Home Health Care Workers were primarily hired by individual families to care for the elderly.  However, the Court noted that today Home Health Care&nbs [read more]

Texas Supreme Court Rules Houston anti-discrimination law must be repealed or put to a vote.

Written by Mr. Roger Davie on Tuesday, 18 Aug 2015.

In Texas it is legal for an employer to discriminate against and employee because he or she is gay.  Unlike many states Texas does not protect individuals from discrimination based upon their affinity.  Theoretically a Texas employer could fire an employee simply because he or she is gay.  Most Texans of course are good people who, while they might not agree with someone else's lifestyle, would not want to discriminate against the person because of their lifestyle.   [read more]

The 19th Amendment to the US Constitution turns 95 today (Right of Women to Vote)

Written by Mr. Roger Davie on Tuesday, 18 Aug 2015.

"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex."  19th Amendment Ratified August 18, 1920. It is hard to believe that prior to 1920 most women in the United States were not allowed to vote.  It has been a mere 95 years since this Amendment was ratified and became a part of the US Constitution.  It would not be until 42 years later on July 2, 1964 that congress would pass the Tit [read more]

absent a specific agreement to the contrary,employment may be terminated by the employer or the employee at will, for good cause, bad cause, or no cause at all

Written by Mr. Roger Davie on Thursday, 13 Aug 2015.

"For well over a century,the general rule in this State has been that absent a specific agreement to the contrary,employment may be terminated by the employer or the employee at will, for good cause, bad cause, or no cause at all.” This statement regarding at-will employment has been the law [read more]