texas law

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 […]

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

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) the Dallas Court of Appeals basically said that if an employer

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

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

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

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

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

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

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 employee’s wages vary depending upon the number of hours worked in