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News Wrongful Termination, Workers' Compensation and Work Injuries

Is a Temporary Back Injury a Disability under the Americans' With Disability (ADA) and its Amendments (ADAAA)? Does the ADAA Cover Injuries?

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

Is a Temporary Back Injury a Disability under the Americans' With Disability (ADA) and its Amendments (ADAAA)? Does the ADAA Cover Injuries? In the case of Summers v. Altarum Institute, Corp., 740 F.3d 325 (4th Cir. 2014). An employee (a senior analyst for a government contractor), was terminated while on short-term disability for injuries incurred when he fell getting off a subway car. The employee’s injuries, a broken left leg, a broken right ankle, and tor [read more]

Is Social Anxiety a disability under the Americans With Disability Act (ADA) and its Amendments (ADAA)?

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

Is Social Anxiety a disability under the Americans With Disability Act (ADA) and its Amendments (ADAA)? In the recent case of Jacobs v. N.C. Administrative Office of the Courts the 4th Cir. Court of Appeals was confronted with this issue. The employee who was an office assistant was promoted to a deputy clerk.  Her  duties  included microfilming and filing. Four or five of the 30 deputy clerks were also assigned to  back-up cu [read more]

How does disability in employment work?

Written by Mr. Roger Davie on Sunday, 18 Oct 2015.

How does disability in employment work? I find there is a lot of misunderstanding in what discrimination in disability means and how it applies to El Paso, Texas and Texas employees. In this article I will cover the American with Disabilities Act (ADA) and its amendments (ADAA) and the general rules of discrimination in employment.   The ADA was a statute passed to protect disabled persons in the workforce.  Unfortunately, when the ADA was passed the Federal Co [read more]

Texas Workforce Commission says that reported work related injuries are down 31% in part because workers' fear reporting injuries.

Written by Mr. Roger Davie on Wednesday, 14 Oct 2015.

Texas Workforce Commission says that reported work related injuries are down 31% in part because workers' fear reporting injuries. In a  recent report to the Texas legislature the Workers' Compensation Commission made an amazing statement that work related injuries are down 31% over the last decade. While the Commission tried to take credit for safer working conditions they did made an astonishing admission: “the possibility of under-reporting workp [read more]

Texas Workers' Compensation is unfair to injured workers in El Paso, Texas.

Written by Mr. Roger Davie on Wednesday, 07 Oct 2015.

Workers' Compensation Laws in Texas are really unfair to injured workers. If you have been injured and your employer does carry workers' compensation then you know how insurance companies deny benefits and do everything they can to deny benefits to injured workers. This recent story from the Texas Tribune highlights the amazing degree of unfairness in the Texas Workers' Compensation System. This is exacerbated by the Texas Supreme Court is really the impetus for this unfairness because [read more]

If you slip and fall at work does your employer have to pay your medical bills and lost wages?

Written by Mr. Roger Davie on Wednesday, 07 Oct 2015.

The Texas Supreme Court recently answered this question in the case of Austin v Kroger.  Under Texas law an employer does not have to carry Texas Workers' Compensation  to protect its employees from injuries.  In fact man of the largest employers in Texas do not carry such coverage but have their own injury benefit plans.  Under Texas law if your employer has Texas Workers' Compensation Insurance Coverage you can usually not sue them for your work injuries (including [read more]

You can be bound to an arbitration agreement even if you did not sign the agreement.

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

In the case of Wright v. Hernandez, ___ S.W.3d ___, 2015 WL 4389582 (Tex. App.—El Paso 201) the El Paso, Court of Appeals held that an employee can be held to an arbitration agreement even if the employer did not sign the agreement.  Arbitration is a process where the employee is forced to bring any claim he or she has not to court with a jury but to a third part (usually a lawyer).  The reason that employers force these agreements upon their employees is becau [read more]

Nurses protection. A hospital or mental health facility cannot retaliate against a non-employee who reports a violation of law.

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

Nurses and other Health care workers are protected if they report violations of the law. Section 161.135 of the Texas Health and Safety Code States that it is illegal to retaliate against a non-employee who reports a violation of law.  Recently a nurse-anesthetist was working at a hospital and reported that a doctor failed to obtain the informed consent from the patient in violation of Texas Law.  The nurse, who did not work for the hospital, but worked for a separate group [read more]

Sexual Harassment Must be either severe or pervasive.

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

The law of sexual harassment has always been that the sexual harassment must be severe or pervasive before it will lead to liability of the employer.  In a recent Texas case the court held that a supervisor’s attempt to include an employee in a group viewing an obscene photograph was not sufficiently severe or pervasive to constitute sexual harassment.  At least not that standing alone.  However, if the employee complains about such action and reports the a [read more]

An employer can win a claim if they can show they would have fired the employee even if the employee had been discriminated against.

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

An employer can win a claim if they can show they would have fired the employee even if the employee had been discriminated against. This is know as the "Same Decision Defense" In the case of River Oaks L-M. Inc. v. Vinton-Duarte, ___ S.W.3d ___, 2015 WL 3618950 (Tex. App.—Houston [14th Dist.] 2015) the employer claimed that even if the employee was fired after she reported sexual harassment, they would have fired her anyway because she stole merchandise from the [read more]