Many people who claimed unemployment in the El Paso area have claimed Unemployment Benefits because of they were laid off or terminated from their jobs. However, many are receiving letters demanding repayment of unemployment benefits because the state of Texas claims they were either not entitled to the benefits they received or were overpaid. This is known as the clawback of benefits.
If you were infected with Covid-19 (Coronavirus) at work you probably think that Texas Workers' Compensation will cover you. Or if you are the wife/husband (spouse), parent, or child of someone who died as a result of being infected with Covid-19 (Coronavirus) you probably think that Texas Workers' Compensation will cover you. You may be wrong, but that does not mean that you cannot sue the employer for your injuries or loss.
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 tries to uphold these agreements whenever possible. However, the employer can waive its right to enforce them in some circumstances.
When there are serious accidents and serious injuries caused by a negligent person there often time is not enough insurance coverage for the injured party or their relatives in a wrongful death claim. What can you do?
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.
If you are off on FMLA leave your employer cannot retaliate against for taking or requesting FMLA. While many types of retaliation require you to prove that "but for" you taking certain action (ex: requesting not to be sexually harassed) you would not have been fired or disciplined. Recently a Federal District Judge was asked if the "but for" test should be used in FMLA cases.
The Fair Labor Standards Act (FLSA) allows you to go back and collect 2 years of back wages for the nonpayment of overtime or minimum wage unless the employer's actions are "willful" in which case you can go back 3 years.