Gonzales v. Wells Fargo Bank, N.A., 2018 U.S. App. LEXIS 12646 (5th Cir. 2018) (unpublished). The 5th Circuit Court of Appeals states that if your supervisors tells you that you reminded him of his elderly, deceased mother is not evidence of age discrimination. This is in a long line of cases where the 5th Cir, […]
Davenport v. Edward D. Jones & Co., L.P., 891 F.3d 162 (5th Cir. 2018) the 5th Court held that trying to PIMP out a female employee was not a tangible benefit lost by the female employee because she refused to be “whored out”. This case involves the question whether a supervisor’s offer of an extra
The Federal Courts of Appeals continue to make it difficult to prove that you are discriminated against even when they make racist statements. The way that the 5th Circuit Court continues to allow employers to get away with racism is by using the doctrine of “stray remarks”. Stray remarks is the doctrine that just a
What Proof do you need to show direct evidence of discrimination? Read More »
The law states that when an employee is acting in the course and scope of his or her employment and injures another person that person can sue not only the employee but the employer also. This is known as the doctrine of Respondeat Superior. In the case of the City of Houston v. Lal, (2020),
Arbitration agreements are documents that employees are forced to sign when they start work (usually they don’t even get a good chance to read them) that require employees to waive a jury trial and go to a judge who is paid by the employer. They are very common in Texas and the Texas Supreme Court
Waiver of Arbitration Read More »
For the most part, if you file a case in Texas, Texas law will apply. But this is not always the case. A Court can have jurisdiction to try a case in Texas but still have to apply the law of another state or even another Country. How does that happen and what is the
Texas Choice of Law provisions or what law applies to a case? Read More »