work injury

The scenario is always the same; your employer tells you things are not working out and that it would be better if you resign instead of being terminated. “it will look better on your record”. So what should you do? As most employees know if you quit your job you are usually unable to get […]

As an unemployment insurance attorney in El Paso, Texas I have many clients who are fired, terminated or laid-off and are forced to apply for Texas Unemployment benefits from the Texas Workforce Commission.  The question that many ask is how does this effect my child support?  The law in Texas is clear that unless you

El Paso, Texas construction workers and the dangers they face in the workplace There is some level of risk of suffering occupational injuries and illnesses in nearly every profession and field throughout Texas, and New Mexico. For some, however, the danger may be greater. According to the Occupational Safety and Health Administration, or OSHA, the

Can your employer fire you when you get injured on the job? If your employer carries Texas Worker’s Compensation the Texas Labor Code States: A person may not discharge or in any other manner discriminate against an employee because the employee has: (1) filed a workers’ compensation claim in good faith; (2) hired a lawyer

Surface Transportation Assistance Act (STAA) Many truck drivers in  El Paso, Texas  and Las Cruces New Mexico do not realize that they have protection if they report safety violations or refuse to take a load under unsafe conditions cannot be retaliated against.  Truck drivers have rights under the STAA Act. Under this statute. What kind of activities are

Public Transportation workers are protected from Retaliation for refusing to drive in unsafe conditions or an unsafe vehicle under the National Transit Systems Security Act (NTSSA) 6 U.S.C. §1142. In general, NTSSA covers employees of a public transportation agency or its contractors or subcontractors if the public transportation agency provides regular and continuing general or

“For well over a century,the general rule in this State has been that absent a specific agreement to the contrary,employment may be terminated by the employer or the employee at will, for good cause, bad cause, or no cause at all.” This statement regarding at-will employment has been the law in the State of Texas and has been enforced with more gusto in the State of Texas than in any other state.  So What does at-will really mean?  How is at-will employment fair to Texas employees? In El Paso, Texas I receive calls almost every

“The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.”  19th Amendment Ratified August 18, 1920. It is hard to believe that prior to 1920 most women in the United States were not allowed to vote.  It

In Texas it is legal for an employer to discriminate against and employee because he or she is gay. Unlike many states Texas does not protect individuals from discrimination based upon their affinity. Theoretically a Texas employer could fire an employee simply because he or she is gay. Most Texans of course are good people

Since 1974 Federal Law under the Fail Labor Standards Act Exempted Home Care Workers from wage and overtime requirements. However the U.S. Court of Appeals for the District of Columbia ruled that the Department of Labor has the right to change that exemption. The Court found that when the exemption was first in place Home