Employment Lawyer in El Paso, Texas
If you’re dealing with issues in the workplace, an employment lawyer El Paso, TX residents trust from David & Valdez, P.C. may be able to help. It can be discomforting going into work every day when you feel like you’re being treated unfairly. Here are a few ways a lawyer can help.
A Lawyer Has Knowledge Of Complex Laws
If you don’t have a legal background, it can be difficult to understand all of the federal and state employment laws. You might think that your rights are violated at work, but aren’t sure. That’s what an employment lawyer is there for. He or she will have knowledge of all the various state and federal laws and can provide you with the right information.
A Lawyer Will Help Your Employer Take You Seriously
If you want to take legal action against your employer for unfair work practices, it’s important to have a skilled lawyer on your side. You can bet that your employer will have an entire legal team and might not take your claim seriously if you haven’t retained your own lawyer. They may also try to tell you that you don’t have a viable claim.
A Lawyer Will Know How To Properly File A Claim
When you’re being treated unfairly at work, it’s important to file an EEOC claim. However, there are strict rules for filling out these forms and making an error can result in denial in your case. You also have to submit all of the forms before the deadline is up. An employment lawyer has filled out plenty of these forms before and will assist you through every step of the process.
A Lawyer Will Stand Up For Your Rights
Whether you’re being discriminated against for your age or facing sexual harassment, being treated illegally at work can make it uncomfortable to go in every day. If you try to handle confrontations and negotiations with your employer, it can backfire. An El Paso employment lawyer in TX knows how to handle these types of situations and won’t let your employer take advantage of you. He or she will fight for your rights and improve your chances of getting successful results.
About Employer Retaliation
By federal law, it is illegal for an employer to take retaliatory actions against an employee. Employer retaliation is most often seen in cases where a worker was injured at work and wishes to utilize their workers compensation benefits. Retaliation is any kind of adverse actions inflicted on a worker who is participating in a protected activity, such as filing a complaint of discrimination, harassment, or unpaid wages. Examples of ways adverse action can happen include but are limited to:
- Being reassigned to other job duties that are risky or objectionable
- Being looked over for promotions the employee is qualified to receive
- Being laid off, fired, or demoted
- Forcing pay to be reduced, hours cut back, and/or benefits terminated
- Giving the worker a negative performance review where there have been no incidents of poor job performance
Retaliation at Work in Further Detail
Even though it is illegal for employers to retaliate against their employees, it nevertheless happens. Here are some some of the most commonly encountered indicators that you could be facing retaliation at your place of work:
- Reduction of Hours: One of the most popular forms of retaliation used by employers is to substantially reduce their employees’ hours. You may be being retaliated against if you used to work 40 hours a week and your employer lowered your hours to 20 after you filed a complaint.
- You’re Being Harassed: If you’ve filed a complaint against a well-liked employee at your company, you may face harassment from other coworkers who demonstrate loyalty towards that coworker. These coworkers may even spread rumors about you, call you derogatory names, or even threaten you verbally – all of which are forms of harassment that are signs of more serious retaliation issues in your workplace.
- Exclusion: Being ignored or excluded at work is a discouraging feeling that can decrease your motivation, morale, and will to perform. If your coworkers constantly leave you out of conversations and meetings, this could be a sign that you are being retaliated against.
- Promotion Consideration Exclusion: For example, you believe you have a high chance of getting promoted if you recently applied for a promotion and your supervisor provided you with a solid recommendation. However, you were passed up for the promotion after filing a complaint over a sexual comment made by a coworker. This could be a coincidence, but it could also be a form of retaliation.
- You Are Fired From Your Job: If you file a formal complaint at work because you are being subjected to sexual harassment or are being paid less than someone else who performs the same tasks at work, your employer may become enraged and fire you. This is the harshest form of retaliation against an employee and is completely illegal.
Common Employee Concerns
Businesses are expected to uphold certain standards and follow the law, but sometimes companies fail to satisfy the conditions required by state and federal laws. If you believe that your workplace is breaking the rules when it comes to scheduling or overtime pay, safety, or privacy, an employment lawyer in El Paso, TX may be able to help you.
Scheduling and Overtime Pay
Wage and hour violations are among the most common reasons for workers to sue their employers. If you believe you have not been properly paid for overtime, or if you’ve been required or expected to work outside of your scheduled shift (for example, engaging in work during meal breaks or performing tasks off-the-clock such as cleaning, loading equipment, or returning emails or phone calls), your employer may be violating labor laws. Attorneys at Davie & Valdez, PC can work with you and help you pursue back pay and/or damages if your employers have neglected to properly compensate you for your time.
Federal guidance regarding occupational safety and health (“OSHA”) has existed for decades and continues to evolve. Under OSHA, workplaces are required to maintain minimum safety standards and operate abiding by specific protocols to ensure the health of the workforce and prevent on-the-job injuries. Employers in Texas must post OSHA information in a prominent location in both English and Spanish and must also post any newly adopted standards. If you have witnessed violations of OSHA standards at your workplace, or if you have been injured on the job as a result of safety violations, talk to an employment lawyer in El Paso, TX who can review your claim and advise on how to proceed if you would like to initiate an investigation or file a lawsuit.
Many businesses choose to utilize advanced technologies for day-to-day needs such as office access, time accounting, and access to computer networks. Biometric technologies promise to reduce costs and human error, but companies must first prioritize employees’ privacy. Texas has its own set of biometric privacy laws governing how businesses can collect, use, and store employees’ biometric identifiers and information, which may include fingerprints, facial or voice recognition, and retina scans, among other items. If you have a reasonable belief that your employer is misusing or abusing your biometric data, talk to an experienced attorney at Davie & Valdez, PC to discuss your case and determine the best course of action to remedy the situation.
Contact an Employment Lawyer
If you suspect your employer is retaliating against you, the first step is to discuss your concerns with your supervisor. Inform him or her of your suspicions of retaliation and request an explanation. There could be a valid alternative explanation for this. For example, if your working hours were reduced, your company may have recently taken a loss and have a decreased need for the hours your position would normally require.
If your employer refuses to provide you with a plausible explanation, you should seek legal advice from an experienced employment lawyer as soon as possible. They will be able to evaluate your situation and assist you in filing a formal complaint against your boss. If you have any evidence related to your case, make sure to bring it to your lawyer’s meeting. Show paperwork proving that your manager was pleased with your performance if you were denied a promotion after raising a complaint. Documentation of the alleged incidents will be extremely beneficial in the process of pursuing legal action against your employer.
Federal law protects the worker and anyone involved in a complaint. This means that workers who are questioned about a complaint in the workplace are to not receive adverse actions from the employer. Anyone who believes their protections have been violated in the workplace are encouraged to do something about it. Unfortunately, many workers do not realize they have these legal protections and may be worried that something bad will happen if they file a complaint or participate in investigative interviews.
Those who win cases of retaliation are able to collect on their financial losses. In some situations, a person may be eligible to receive compensation for the pain and suffering they endured from a workplace accident or from employer retaliation. For certain cases, punitive damages may also be enforced by the court based on what the victim had gone through. As the victim of adverse action in the workplace, you may be entitled to recover damages for emotional distress, front pay, back pay, and punitive damages if egregious violations of law occurred.
If you suspect that something isn’t quite right in your workplace, then your gut instinct is probably right. Our team is seasoned in handling cases of workplace issues, and can provide the clarity and protection you need during this time. All you have to do is call Davie & Valdez, P.C. today for more information.
Initial Consultation With An Employment Lawyer
During your first meeting with an employment lawyer, he or she will ask you background information about your case, such as what has been happening at your job and how long it’s been going on. Be truthful in all of your answers and don’t leave any details out. If you have any evidence pertaining to your case, such as text messages or emails, bring them with you to the consultation.
If you are facing work-related issues, do not hesitate to get help immediately. If you do not get proper protection, you may be vulnerable to further adverse actions. Schedule a consultation with an employment lawyer in El Paso, Texas call Davie & Valdez, P.C., today.
Common Types Of Workplace Discrimination
Believe it or not, workplace discrimination still exists in this day and age. Whether it is committed by a boss or fellow worker, it is completely wrong and should not be tolerated. If you believe you are being discriminated against, you should consult an employment lawyer in El Paso, TX. Here are the most common types of workplace discrimination:
- Race discrimination: Race discrimination refers to treating someone negatively due to the color of their skin. Unfortunately, this still happens quite frequently in the workplace. Example of this type of discrimination include racist jokes, denial of promotions based on race and stereotyping. Some employers may even refuse to hire people of certain racial groups altogether.
- Age discrimination: Age discrimination can to workers who are 40 and over. Older workers may have more trouble getting hired before employers assume they can’t perform the job properly or will ask for too high of a salary.
- Disability discrimination: As an employment lawyer in El Paso, TX can confirm, people can also be discriminated against for their disability at work. Common types of disability discrimination include direct discrimination, indirect discrimination, harassment and failure to make reasonable discrimination.
- Gender discrimination: Gender discrimination occurs when an employee is treated differently because of his or her gender. For example, if the female employees at your workplace are frequently paid less than male employees, but have the same qualifications, gender discrimination may be taking place.
- Pregnancy discrimination: As the name suggests, pregnancy discrimination affects expecting mothers. Some employers may refuse to hire a woman just because she is pregnant. Other employers may terminate a woman once they find out she is pregnant.
- Religious discrimination: Religious discrimination can also occur in certain workplaces these days. Examples of this type of discrimination may include retaliating against employees for taking off religious days or prohibiting them from wearing religious clothes.
How Workplace Discrimination Can Negatively Affect You
No matter what type of workplace discrimination you are facing, it can have negative consequences on your life. For one thing, you might dread coming into work every day because you know that you are going to be treated badly. You may experience high amounts of stress and have trouble concentrating on your work. You may also develop depression and anxiety from it all. You may even feel like you have to quit your job.
Common Myths About Workplace Discrimination
Everyone should feel safe and respected at their workplace. Unfortunately, however, this doesn’t always happen. In fact, some workers experience discrimination. Here are some common myths about workplace discrimination that you should know about:
- It’s acceptable for an employer to ask a job candidate about disabilities. This isn’t true. The American with Disabilities Act prohibits employers from asking applicants about their physical and mental disabilities during the interview process. However, if an employer decides to hire an applicant, he or she is allowed to ask the person about disabilities to reasonably accommodate them.
- Discrimination laws are only intended for women and minorities. While it’s true that women and minorities make up a large percentage of workers who file discrimination claims, they aren’t the only ones who may experience discrimination. As an employment lawyer in El Paso, TX can confirm, anyone can be discrimination against at work. For example, a middle-aged man may experience age discrimination a work.
- Employment laws don’t apply in at-will states. Texas is an at-will state, which means that employers can terminate workers for any reason without warning. However, the reason still has to be lawful. If it’s discovered that an employer has fired a worker over race, religion, gender or disability, that worker has a right to file a complaint.
- Employees can file discrimination claims against mean employers. It can definitely be disheartening when an employer isn’t kind to you. However, that doesn’t necessarily give you the right to file a discrimination claim. For example, if your employer constantly gives you harsh criticism about your work, it doesn’t constitute a discrimination claim.
- It’s not a good idea to inform HR about workplace discrimination. Some employers are reluctant to go to their human resources department regarding discrimination because of the possibility of retaliation. Although that’s a viable worry, speaking to HR may help your case in the long run. If you decide to pursue a discrimination case, notifing HR in the beginning can show that your case is legitimate.
- Employees don’t have much power against discrimination. If you’re discriminated against at work for your gender, race, national origin or age, it can make you feel powerless. However, you must remember that you do have power. Workplace discrimination is illegal and you don’t have to put up with it. With the help of an employment lawyer, you can file a complaint against your employer and stand up for your rights.
Examples of workplace discrimination
While it is very straightforward to understand what workplace discrimination and harassment is and what it involves, it still happens every day. These actions are prohibited by the Civil Rights Act of 1964 which says that you cannot discriminate on the basis of race, color, religion, sex or national origin among other things.
Racial slurs, derogatory remarks about somebody’s race or their color, displaying racially offensive symbols, are all considered to be legal and cause a negative impact on employees, especially if they are in a workplace environment that is discriminatory towards them. Workplace discrimination laws do not stop every instead of teasing her authentic, and, but they do stop the workplace from allowing outright harassment, poor allowing behavior that is frequent or severe enough that it causes the work place to be a hostile environment.
Workplace discrimination can also look like an employee being fired, demoted, denied a promotion among other things. However to prove this, the worker would need to be able to specify what exactly was discriminated against them when they were denied, fired or demoted from their position.
Discrimination that involves the sex of an employee means you are treating an employee differently because of their sex, and it means that this person is most likely experiencing unwelcome sexual advances, requests for sexual favors, or other verbal, physical or electronic harassment that is sexual in nature.
When it comes to sexual harassment is not limited to sexual behavior it can even be considered to be offensive comments about somebody’s sex, whether they are male or female, sexual orientation and more.
Age discrimination means you are treating them all year applicant different because of their age, and under the age discrimination in layman active for bids this discrimination against people who are over the age of 40. It does not protect all who are under the age of 40 however pending on the state you are in your state may have an age discrimination law that protects unprotected parties.
When it comes to religion, it is illegal to harass her for warm employment actions against somebody because of their religion, their practices or even their moral beliefs. This law protects people and who they are married to, so if somebody is married to somebody of her religion you do not agree with as an employer you can do nothing to that person for their marriage.
Furthermore title VII does not allow segregation based on religion, you may not prohibit somebody from participating in a job that they would like to participate in the customer service because of their religion or their practices. When dealing with religion in the law may also require you to lose accommodation specific to religion such as flexible scheduling, shift substitutions, job reassignments and modifications to the work policy and practices. You must provide these accommodations as long as it does not interfere with the person’s ability to actually do their job.
Disability discrimination is going to occur when somebody who is under the Americans with disability act is treated poorly because of their disability. For somebody with a physical or mental condition that limits their ability to walk, talk, see, hear or learn, you could not refuse to hire them simply because of their inability to do one of these things, you will be expected to make reasonable accommodations as long as the person is qualified for the job. If the person has a history of disability such as cancer, you cannot refuse to hire them because the cancer might come back.
When reporting workplace discrimination reach out to a workplace discrimination lawyer to find out the laws in your state.