The Texas Supreme Court recently answered this question in the case of Austin v Kroger. Under Texas law an employer does not have to carry Texas Workers’ Compensation to protect its employees from injuries. In fact man of the largest employers in Texas do not carry such coverage but have their own injury benefit plans. […]
Workers’ Compensation Laws in Texas are really unfair to injured workers. If you have been injured and your employer does carry workers’ compensation then you know how insurance companies deny benefits and do everything they can to deny benefits to injured workers. This recent story from the Texas Tribune highlights the amazing degree of unfairness
Texas Workers’ Compensation is unfair to injured workers in El Paso, Texas. Read More »
Texas Workforce Commission says that reported work related injuries are down 31% in part because workers’ fear reporting injuries. In a recent report to the Texas legislature the Workers’ Compensation Commission made an amazing statement that work related injuries are down 31% over the last decade. While the Commission tried to take credit for safer
How does disability in employment work? I find there is a lot of misunderstanding in what discrimination in disability means and how it applies to El Paso, Texas and Texas employees. In this article I will cover the American with Disabilities Act (ADA) and its amendments (ADAA) and the general rules of discrimination in employment.
How does disability in employment work? Read More »
Is Social Anxiety a disability under the Americans With Disability Act (ADA) and its Amendments (ADAA)? In the recent case of Jacobs v. N.C. Administrative Office of the Courts the 4th Cir. Court of Appeals was confronted with this issue. The employee who was an office assistant was promoted to a deputy clerk. Her duties
This video will help you prepare for and attend an EEOC mediation. Should you agree to an EEOC mediation? Do you need an employment lawyer at your EEOC mediation? What should you ask for in settle the at your EEOC MEDIATION? What is the role of the mediation in the EEOC mediation? Who will be
Preparing For And Attending An EEOC Mediation Read More »
Is a Temporary Back Injury a Disability under the Americans’ With Disability (ADA) and its Amendments (ADAAA)? Does the ADAA Cover Injuries? In the case of Summers v. Altarum Institute, Corp., 740 F.3d 325 (4th Cir. 2014). An employee (a senior analyst for a government contractor), was terminated while on short-term disability for injuries incurred when he fell getting
Is High Blood Pressure a disability under the Americans with Disability Act (ADA) and its amendments (ADAAA)? Can you leave work if you have a spike in your high blood pressure without being penalized? The Seventh Circuit Court of Appeals recently was presented with this question? In Gogos v. AMS Mechanical Systems, Inc., 737 F.3d
Is a back injury a disability that protects employees under the Americans with Disability Act (ADA) or its amendments (ADAAA)? The Eleventh Circuit recently addressed this issue in the case of Mazzeo v. Color Resolutions Int’l, LLC, 746 F.3d 1264 (11th Cir. 2014). Mr. Mazzeo was a sales representative who was terminated shortly after he
Can employers ask about your criminal background? President Obama signed an executive order today banning Federal employers from asking about applicants about their Criminal past. Studies show that it is highly unlikely that a person convicted of a crime will be offered employment once they admit to a criminal past. As an El Paso employment
Can your employer ask about your criminal past? Read More »