El Paso: (915) 996-9798   Las Cruces: (575) 618-2833

News Wrongful Termination, Workers' Compensation and Work Injuries

Does Texas law cover you if you suffer retaliation after you have been fired or left employment including bad references?

Written by Mr. Roger Davie on Wednesday, 23 Nov 2016.

In a major opinion In Burlington N. & S.F.R. v. White, 548 U.S. 53 (2006), the U.S. Supreme Court held that Title VII’s anti-retaliation provision prohibits retaliation by adverse employment or non-employment actions, including post-employment actions (such as adverse job references). This was a major victory for employees because it kept employers from retaliating against employees by giving them bad references if they filed a claim of discrimination with the EEOC (or with the [read more]

You have a right to sue from the EEOC but no lawyer will help you -- Why?

Written by Mr. Roger Davie on Wednesday, 23 Nov 2016.

As an El Paso employment lawyer I often have people call me who have a "Right to Sue" from the EEOC but can't find a lawyer to help them.  Why?   First, you must understand that for most wrongful termination claims you can file a claim under both Texas State Law or under Federal Law.  The laws to some degree mirror each other but the time limits to file a lawsuit vary dramatically.  Under Federal law for most discrimination claims from the EEOC you must file a [read more]

When you go to the EEOC be careful to check the box that say "I want to file a charge"

Written by Mr. Roger Davie on Wednesday, 23 Nov 2016.

When you go to the EEOC you will fill out an intake questionnaire.  During that process you will be asked to check one of two boxes: Box 1:  I want to file a charge of discrimination”; and Box 2 “I want to talk to an EEOC employee before deciding whether to file a charge of discrimination. I understand that by checking this box, I have not filed a charge with the EEOC”. If you check the second box you have not filed a charge of discrimination.  This can have dev [read more]

You better make sure all your discrimination claims are included in the EEOC Charge.

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

In the case of Davis v. Fort Bend County, 2016 U.S. Dist.LEXIS 113510 (S.D. Tex. 2016) a U.S. District Court held that the employee could not sue for religious discrimination because it was not put in his original charge.  This was an especially harsh opinion because the employee went to the EEOC to amend his charge to add religious discrimination and it was added to his intake questionnaire but not to his charge.  Therefore his claim was dismissed.  As an [read more]

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]