Trusted employment lawyers with over 35 years of experience.
If you’ve been wrongfully terminated, harassed at work, or denied wages you earned in El Paso, the steps you take now will shape your case. You need a law firm that has been through these disputes before and knows what it takes to hold employers accountable.
Davie & Valdez P.C. has served as a trusted El Paso, TX employment lawyer for more than two decades, representing employees across West Texas and Southern New Mexico. We handle wrongful termination, discrimination, harassment, retaliation, unpaid wages, EEOC claims, and serious workplace injuries. Our attorneys offer free consultations and represent employees only. Reach out to our firm to discuss your situation.
Employment Lawyer El Paso, TX
An employment attorney evaluates if your rights were violated, whether state or federal protections apply to your situation, and what legal options are available. That could mean negotiating a severance agreement, filing an administrative charge, or taking the matter to trial.
Texas operates under at-will employment rules, which means your employer can generally terminate you for any reason or no reason at all. But “any reason” has limits. Federal statutes like Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act all prohibit adverse actions based on protected characteristics. The Texas Labor Code adds state-level protections that mirror and, in some cases, expand on federal law. An employment attorney in El Paso helps you figure out whether what happened was merely unfair or actually unlawful.
Types of Employment Cases We Handle in El Paso
Workplace disputes across El Paso, TX take many forms. Some unfold slowly over months of mistreatment. Others happen in a single conversation that changes everything. Whatever brought you here, these are the categories of employment law matters our firm handles.
- Wrongful termination. Not every firing is illegal, but termination based on discrimination, retaliation, or refusal to commit an illegal act is. We represent employees who lost their jobs under suspicious circumstances. Common termination myths prevent people from pursuing cases they would win.
- Workplace discrimination. Discrimination claims arise when an employer makes decisions based on age, race, sex, national origin, pregnancy, religion, or disability. Those decisions can affect hiring, promotion, pay, discipline, or termination. Discrimination is not always obvious, and proving it requires an attorney who recognizes what it looks like in practice.
- Harassment. When unwelcome conduct based on a protected characteristic becomes severe or pervasive, it can create a hostile work environment. This includes sexual harassment, racial slurs, and other behavior that interferes with your ability to do your job.
- Workplace retaliation. Your employer cannot legally punish you for exercising your rights. Retaliation includes demotion, pay cuts, schedule changes, or termination after you file a complaint, report unsafe conditions, or participate in an investigation.
- EEOC claims. Federal law usually requires employees to file a charge with the Equal Employment Opportunity Commission before filing a lawsuit for discrimination or harassment. Missing the deadline or making errors in the charge can jeopardize your entire case.
- Unpaid wages and overtime. Employers who withhold earned compensation, refuse overtime pay, or misclassify workers to avoid wage obligations violate federal and state law. We pursue claims under the Fair Labor Standards Act and the Texas Payday Law.
- Whistleblower claims. Employees who report illegal activity or unsafe working conditions should not face consequences for speaking up. We handle claims under the Texas Whistleblower Act and applicable federal protections.
- Workers’ compensation. If you were hurt on the job and your employer retaliated or your benefits were denied, our attorneys can help. Texas allows employers to opt out of coverage entirely, which creates unique legal problems for injured employees.
El Paso Employment Law Infographic
Why Choose Davie & Valdez P.C. for Employment Law in El Paso, TX?
Board-Certified Employment Attorneys
Roger Davie founded this firm and has practiced employment law since 1985. He earned Board Certification in Employment Law from the Texas Board of Legal Specialization in 2000, a distinction held by a small fraction of Texas attorneys. He carries a Preeminent 5.0 rating from Martindale-Hubbell, has been named to the Super Lawyers list multiple times, and was recognized by the National Association of Distinguished Counsel as part of the Nation’s Top One Percent. He is licensed in Texas, New Mexico, and Colorado, and is admitted to practice before the U.S. Court of Appeals for the Fifth Circuit.
John Valdez represents employees in wrongful termination, discrimination, and workplace injury claims. He graduated from UTEP with a degree in accounting and earned his J.D. from Texas Tech. Board Certified in Employment and Labor Law in New Mexico, he has been named a Texas Super Lawyer multiple years running. He is fluent in Spanish, which allows him to serve El Paso’s bilingual workforce directly.
A Track Record That Stands Behind Our Clients
Our El Paso employment lawyers have represented hundreds of workers in wrongful termination, discrimination, retaliation, and workplace injury cases across Texas and New Mexico. We have secured favorable settlements, won contested hearings, and guided clients through EEOC investigations and state administrative processes. Every potential client gets a free consultation and an honest assessment of whether pursuing the case makes sense.
Employment Law Case Overview
Claims, Remedies, and Protections in Employment Cases
Federal and Texas employment laws provide several forms of relief for workers whose rights were violated. The specific remedy depends on the statute involved and the facts of your case, but they generally fall into the following categories:
- Back pay covers wages and benefits lost between the date of the adverse action and the resolution of your claim.
- Front pay applies when reinstatement is not practical. It compensates for future lost earnings.
- Compensatory damages address emotional distress, mental anguish, and other non-economic harm resulting from the employer’s conduct.
- Punitive damages may be available in cases of intentional misconduct. Under Title VII, these are capped based on employer size, ranging from $50,000 for employers with 15 to 100 employees up to $300,000 for those with more than 500.
- Liquidated damages apply in wage and overtime cases under the FLSA, effectively doubling the unpaid amount owed.
- Attorney’s fees and costs are recoverable in many employment cases, meaning the employer may be ordered to pay your legal expenses if you prevail.
Important Aspects in Your Employment Case
Several factors can strengthen or weaken your employment claim, and knowing them early makes a real difference.
Documentation is the most critical element. Emails, text messages, performance reviews, and written company policies all serve as evidence. If you suspect something is wrong at work, start keeping records immediately. The strength of a case often depends on what you can prove in writing, not just what you experienced day-to-day.
Employer size matters too. Title VII applies only to employers with 15 or more employees. The ADEA requires at least 20. Smaller employers may still be subject to other laws, including the FLSA for wage disputes or common-law claims for wrongful termination based on refusal to perform an illegal act. Your employment attorney in El Paso, TX can identify which statutes apply to your employer.
Internal complaints also carry significant weight. If you reported discrimination or harassment through your company’s internal process and the situation got worse afterward, that creates a timeline that supports a retaliation claim. Keep copies of everything you submit.
Employment Law Case Timeline
Employment cases in Texas follow a general progression, though timelines vary case by case.
- Filing an administrative charge: For most discrimination and harassment claims, you must file a charge with the EEOC or the Texas Workforce Commission Civil Rights Division within 180 days of the adverse action. If dual-filing applies, the window extends to 300 days. This is a hard deadline. Missing it typically means losing your right to sue.
- Agency investigation: After the charge is filed, the agency investigates. This can take anywhere from a few months to over a year, depending on the complexity of the allegations and the agency’s caseload.
- Right-to-sue letter: Once the agency finishes its work, it issues a right-to-sue letter. You have 90 days from that point to file a federal lawsuit, or two years for claims under the Texas Labor Code.
- Litigation: If a lawsuit is filed, the process includes discovery, depositions, and often mediation. Many employment cases settle before reaching trial. Others do not.
- Wage and hour claims: FLSA claims carry a two-year statute of limitations, or three years if the violation was willful. No administrative charge is required before filing suit.
What to Bring to Your Employment Consultation
Bring whatever records you have. Even incomplete documentation helps. These are the most useful items:
- Termination letter, written notice, or severance agreement
- Employment contract, company handbook, or workplace policies
- Recent pay stubs and wage records
- Performance evaluations and disciplinary write-ups
- Emails, text messages, or other written communications tied to the dispute
- Any EEOC charge or TWC complaint you have already filed
During your consultation, we review the facts, explain your legal options, and give you a straightforward assessment of your case. That meeting is free.
Texas Legal Resources for Employment Law
If you want to research Texas employment law on your own, the following resources are a good place to start:
- Equal Employment Opportunity Commission: Explains how to file a federal discrimination charge and outlines employee protections under Title VII, the ADA, and the ADEA.
- Texas Workforce Commission Civil Rights Division: Processes state-level employment discrimination complaints. You can dual-file your charge here and with the EEOC.
- U.S. Department of Labor Wage and Hour Division: Covers federal wage, overtime, and child labor laws, including FLSA enforcement.
- OSHA: Provides information on workplace safety rights and how to report unsafe conditions to federal authorities.
- Texas Legislature Online: Contains the full text of the Texas Labor Code, including the statute of limitations for employment discrimination claims filed under Chapter 21.
Reach Out to Davie & Valdez P.C. to Schedule a Consultation
If you are dealing with a workplace dispute in El Paso, you do not have to navigate this alone. Our employment attorneys have spent decades advocating for employees in situations like yours. We offer free initial consultations and will give you an honest assessment of your case and your options. Contact us today to schedule a time to talk.