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News Wrongful Termination, Workers' Compensation and Work Injuries

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]

​Did you know that it can be a Felony for an insurance adjuster to fraudulently deny your workers' compensation benefits?

Written by Mr. Roger Davie on Wednesday, 25 May 2016.

Did you know that it can be a Felony for an insurance adjuster to fraudulently deny your workers' compensation benefits? The Texas Labor code states that if anyone makes a false or misleading statement, misrepresents or conceals a material fact, fabricates, alters, conceals, or destroys a document (other than a government document which is covered by other laws) can be guilty of a felony if the benefits being sought are greater than $1,500.00. The one that is most interesting to me [read more]

What are the rights of injured workers in Texas if their employer has their own injury plan and not Texas Workers' Compensation Insurance?

Written by Mr. Roger Davie on Wednesday, 18 May 2016.

The story is always the same -- a worker is injured and is sent to the company doctor who tells them their injury is not so bad and they can return to work.  It seems unfair because the injury is real and the pain severe.  The injured worker wants to get better medical care but is told that the only doctor they can see is the one chosen by their employer because the company has its own work injury plan and does not have Texas Workers' Compensation Insurance?   What can [read more]

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]