texas law

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 […]

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

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?

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

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

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

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

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

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

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