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News Wrongful Termination, Workers' Compensation and Work Injuries

Salary employees must be paid $47,476 or have to be paid hourly and receive overtime.

Written by Mr. Roger Davie on Tuesday, 17 May 2016.

This change in the law will have huge impact on El Paso employers who classify Worker's as salary and not hourly. Overtime laws will effect many. CBS news made the following statement:The Department of Labor on Wednesday will finalize a rule extending overtime protections to 4.2 million more Americans currently not eligible under federal law, boosting wages by $12 billion over the next 10 years, the White House said Tuesday evening. The updated rule, which takes effect Dec [read more]

Fired and Injured workers and those with a past felony conviction are forever to act as Human Guinea Pigs

Written by Mr. Roger Davie on Sunday, 08 May 2016.

I have written how hard it is for those convicted of felonies to find employment. A recent article sheds light on the plight of these individuals. The article sheds light on the number of disenfranchised persons who can't find employment and are left with little choice but to participate as human Guinea pigs in drug tests. What I thought was interesting is the number of Hispanic's in the southwest who are involved in these studies. These are mostly individuals who can't find employm [read more]

Workplace injuries? Can you make a claim for your damages?

Written by Mr. Roger Davie on Sunday, 08 May 2016.

If you have been injured in the workplace, you've probably been told that the only compensation you can receive will come from your employer's workers' compensation insurance.  That is because in most states and in Texas, if your employer carries workers' compensation insurance you are barred from suing or obtaining damages against your employer, even if your employer's negligence was the cause of your injuries.  For example if you are run over by a forklift at work becau [read more]

Getting a Job with a Felony Conviction -- Tagged for Life?

Written by Mr. Roger Davie on Thursday, 05 May 2016.

In 2010 it was estimated that 1 in 12 persons residing in America have a felony conviction.  For these individuals it becomes extremely difficult to find and keep employment.  In El Paso, I see people every year who get fired when their employer finds that they have a felony conviction.  This is true even they disclosed the conviction when they are hired.  Unfortunately, the convictions effect men and monorities at a much higher rate.  In Fact it has been estima [read more]

Texas Citizens Participation Act (TCPA), Tex. Civ. Prac. & Rem. Code Ann. § 27.001–27.011, used to help employers retaliate against injured employees.

Written by Mr. Roger Davie on Wednesday, 13 Apr 2016.

You probably never heard of the Texas Citizens Participation Act (TCPA),Tex.Civ.Prac.&Rem.Code Ann.§27.001–27.011.  This is a law that sounded good when it passed.  It was designed to keep people from being sued for liable and slander when they participated in a judicial or quasi-judicial procedure.  In the case of Tervita v. Sutterfield, ___S.W.3d___, 2015 WL 9257035  (Tex.App.—Dallas 2015 [read more]

​Going to the EEOC (Equal Employment Opportunity Commission) without legal consultation can be dangerous.

Written by Mr. Roger Davie on Wednesday, 13 Apr 2016.

Going to the EEOC (Equal Employment Opportunity Commission) without legal consultation can be dangerous. Recently the Houston Court of Appeals held that because an employee who was wrongfully discharged because of discrimination should lose his case because he did not state in his charge that he was "constructively discharged" in his Charge of Discrimination at the EEOC. Constructive Discharge simply means that you were forced to resign your job because of the discrimination. The Court [read more]

Texas Supreme Court deals blow to workers' who are defamed and black balled by their employers.

Written by Mr. Roger Davie on Wednesday, 13 Apr 2016.

The Texas Supreme Court in the case of Lippincott v. Whisenhunt, 462 S.W.3d 507 (Tex. 2015) held that The Texas Citizens Participation Act (TCPA), Tex. Civ. Prac. & Rem. Code Ann. § 27.001–27.011, applied to a nurse anesthetist’s defamation claim against administrators of a medical facility, where the   defamatory communications were in emails sent between the administrators and concerned the nurse anesthetist’s performance of certain contract work at the facility. Th [read more]

When do you go to the EEOC what are the time limits and what must you file to preserve your state right claims for wrongful termination for discrimination

Written by Mr. Roger Davie on Wednesday, 13 Apr 2016.

For those of you who think they have been discriminated against because of race, color, religion, nation origin, gender (sex), disability you have to file a claim with the Equal Employment Opportunity Commission (which automatically causes your claim to be filed for Texas Law with the Texas Civil Rights Division). When you go in to the EEOC they have you file an Intake Questionnaire. As you may remember from previous articles I have written to file a claim under Texas State Law, you ha [read more]

Truck Driver Mechanic who had to inject insulin was discriminated against under the Americans with Disability Act and its amendments.

Written by Mr. Roger Davie on Monday, 02 Nov 2015.

Truck Driver Mechanic who had to inject insulin was discriminated against under the Americans with Disability Act and its amendments. In Samson v. Federal Express Corp., 746 F.3d 1196 (11th Cir. 2014) The employee, who used insulin to treat type I diabetes, was offered a job as a technician at one of defendant’s airport facilities, but the offer was withdrawn when he could not pass a medical examination required by the Department of Transportation for drivers of commercial motor vehi [read more]

​Can your employer fire you if, because of an accident or illness you are limited from doing one aspect of your job?

Written by Mr. Roger Davie on Monday, 19 Oct 2015.

Can your employer fire you if, because of an accident or illness you are limited from doing one aspect of your job? Under the Americans with Disability Act (ADA) and its amendments (ADAAA) your employer cannot discriminate against you if you can do the essential functions of your job. The issue that I, as an El Paso Employer representing fired and injured employees, face is the issue of what is an essential function of the job? Your employer often wants to claim that every task you [read more]