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News Wrongful Termination, Workers' Compensation and Work Injuries

District Judge holds that truck driver reassigned from long haul to local was not being retaliated against because he could now spend nights at home instead of out on the road therefore he had no claim.

Written by Mr. Roger Davie on Sunday, 27 Nov 2016.

It is illegal for an employer to retaliate against you if you file a discrimination claim with the EEOC or with your client.  However, the retaliation must be "material adverse" before you can sue your employer.  There have been many cases as to what is "materially adverse".  Recently in the case of Marlow v. McClatchy Bros., Inc., 2016 U.S. Dist. LEXIS 121262 (S.D. Tex. 2016) a U.S. District Court held the reassigning a truck driver from a long haul to a local [read more]

Court of Appeals says an employer continually calling employee "old man" was not evidence of age discrimination

Written by Mr. Roger Davie on Tuesday, 22 Nov 2016.

In a surprise opinion  by the Corpus Christi Court of Appeals the Court held that an age discrimination plaintiff’s evidence that a supervisor routinely called him ‘viejo,’ Spanish for ‘old man,’ was not “direct” evidence of age discrimination and was insufficient to create an issue of fact or to overcome an public employer’s plea to the jurisdiction. This goes against other cases but shows how  difficult it can be to prove age discrimination.  The Courts seem to som [read more]

The Department of Labor new overtimes rules have been blocked by a Texas Federal District Judge.

Written by Mr. Roger Davie on Tuesday, 22 Nov 2016.

The Department of Labor new overtimes rules have been blocked by a Texas Federal District Judge. A Texas federal judge on Tuesday entered a nationwide injunction blocking the U.S. Department of Labor from implementing a controversial rule that would have expanded overtime protections, saying the rule improperly created a de facto salary test for determining which workers fall under the Fair Labor Standards Act’s so-called “white collar” exemption. This means that the rules that we [read more]

Filing a discrimination case with the EEOC/Texas Workforce Commission- Civil Rights Division

Written by Mr. Roger Davie on Tuesday, 30 Aug 2016.

If you have been discriminated against by your employer in Violation of Federal Law (Title VII - race, color, gender, religion, national origin or disability under the Americans with Disability Act  "ADA") you are generally required by law to file a claim with the Equal Employment Opportunity Commission within 300 days of the violation.  If you want to file a claim under State Law you must file a claim with the  Texas Workforce Commission- Civil R [read more]

If you have a disability or a work injury and want a reasonable accommodation such as time off, you must have a doctors note!

Written by Mr. Roger Davie on Monday, 29 Aug 2016.

I hear it every day from fired and injured workers in El Paso, Texas.  They have a work injury or non-work injury and they need some time off to recuperate -- they ask for a reasonable accommodation like a few days off or a leave of absence, do they have to have a doctors note? In the recent case of Delaval v. PTech Drilling Tubulars, L.L.C., 2016 U.S. App. LEXIS 9683 (5th Cir. 2016), the Fifth Circuit held that before they even get to the issue of if the employee had  a [read more]

Do you work for a leasing company and have been discriminated against?

Written by Mr. Roger Davie on Monday, 29 Aug 2016.

Many people for an employer through a staff leasing company.  Their paycheck comes from a staff leasing company but that actually work for another employer and staff leasing company pays their paycheck and benefits.  This has always been a difficult problem for employees who are discriminated against or injured at work.  Typically, the employer (the one where you actually work -- know as the client company) simply tells the staff leasing company they do not want you anymo [read more]

What do you mean my employer does not carry Texas Workers' Compensation?

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

What do you mean my employer does not carry Texas Workers' Compensation? Texas is one of the only states where your employer does not have to carry Texas Workers' Compensation.  Your employer could have their "own plan" or no coverage at all.  For most employers it is almost impossible to determine if their employer has Texas Workers' Compensation.  Usually they have a work injury and they ask to file a claim.  If their employer has their own plan then the employe [read more]

Why is Texas Workers' Compensation so unfair to Texas Workers?

Written by Mr. Roger Davie on Sunday, 26 Jun 2016.

If you are an injured worker in Texas and employer carries workers' compensation insurance you have probably noticed how unfair you have been treated by your worker compensation insurance company.  Your medical procedures have probably been denied or delayed.  You have been told that the Insurance Company disputes that your injuries are related to your work accident.  Many of you who had a back injury at work have probably been told that your injuries are not related [read more]

You are hurt at work; Workers' Compensation won't approve your medical treatment and your employer says they can't keep you job open. What are your options?

Written by Mr. Roger Davie on Wednesday, 22 Jun 2016.

You are hurt at work; Workers' Compensation won't approve your medical treatment and your employer says they can't keep you job open. What are your options? Texas Workers' Compensation is really bad.  If someone is injured at work and files a workers' compensation claim in Texas  they believe that they will be treated fairly and that their medical bills will be paid and that their treatment will be approved in a timely manner.  This could not be further from the [read more]

Can a employer require a salaried employee to clock in and out? Can a salaried employee's pay be docked?

Written by Mr. Roger Davie on Tuesday, 31 May 2016.

The short answer to both questions is yes, they can, but to do so can be very dangerous.  If an employer starts paying a salaried employee more when they work more then that employee may have just been treated as an hourly employee.  When an employees wages vary depending upon the number of hours worked in the payroll week, the employer is treating the employee as an hourly employee (non-exempt). When an employer treats an employee as  hourly (non-exempt), they becom [read more]