Texas Workers’ Rights Lawyer
If you believe your rights as an employee were violated, you should speak to a workers’ rights lawyer El Paso, TX residents trust. You have a right to go into a workplace that makes you feel comfortable and safe. When your rights are being violated, it becomes more challenging to go to work every day.
What types of Issues Does A Workers’ Rights Lawyer Handle?
Workers’ rights lawyers advise employees on how the federal and state employment laws have been violated. Here are several issues they can handle:
- Wrongful termination: Wrongful termination occurs when an employer fires an employee for illegal reasons. For example, an employer can’t legally terminate an employee for discriminatory reasons, like age, gender, and race. It’s also unlawful for an employer to terminate an employee for filing a legal claim against the business, such as a workers’ compensation claim.
- Sexual harassment: Sexual harassment in the workplace includes unwelcome sexual advances, requests for sexual favors, and offensive comments. An example may consist of a supervisor asking a lower-ranked employee to perform a sexual favor in exchange for a promotion. Dealing with sexual harassment at work can be incredibly uncomfortable and demoralizing, and you don’t have to put up with it.
- Workplace discrimination: Workplace discrimination occurs when an employee is treated less favorably than other employees due to specific characteristics, such as race, ethnicity, gender, religion, or disability. For instance, if you continuously get passed up for promotions for employees with less experience and skills, you may want to get a workers’ rights lawyer in El Paso, TX involved.
- Whistleblower protection: Whistleblowing occurs when an employee blows the whistle on an employer’s illegal or unethical actions. Common reasons whistleblowing occurs by violating workplace safety laws, violating public health laws, and abusing authority. While whistleblowing laws protect employees who blow the whistle, employers may still try to fire them for other reasons. If you think you were fired for whistleblowing, you should speak to a lawyer.
Should I Hire a Workers’ Rights Lawyer?
If you think that your rights at your job are being violated, you should at least consult a workers’ rights lawyer. He or she will assess your situation and advise you on the best way to move forward. If you have any evidence about your case, such as emails or text messages, you should bring them with you.
Schedule a consultation with a workers’ rights lawyer in El Paso, TX, contact Davie & Valdez P.C., today.
Understand How to Manage Situations of Retaliation in the Workplace
Our workers’ rights lawyer, El Paso, TX trusts know that the impact of employment discrimination in the workplace can be far-reaching. If you have experienced discrimination in the workplace, it’s in your best interest to move forward with filing a complaint. Typically this begins by informing your employer of the issue and, in some cases, the EEOC. At Davie & Valdez, P.C., we know that you may be filing a complaint while still employed with the company. Not only can this be uncomfortable, but you may also be concerned about further retaliation. Know that in some situations, an employer who sheds light on workplace discrimination may face retaliation from the company they work for. Fortunately, our team can help manage the process of filing a complaint and protecting your rights throughout the process.
When a person is punished or treated differently for engaging in a legally protected activity, they may have experienced retaliation in the workplace. There are laws in place to prevent this from occurring, but unfortunately, retaliation can be prevalent. Here are some signs that retaliation may have occurred in the workplace:
- Job demotion
- Experience disciplinary action
- Not being included in meetings
- Threats or harassing comments
- Being treated differently
- Being terminated from your job
Retaliation is one of the most common types of discrimination claims made, and discussing your situation with our El Paso, TX workers’ rights lawyer will be imperative when taking action. Workplace discrimination can leave a profound impact on a person. Whether you have suffered harassment, discrimination, or retaliation, know that your rights have been violated. Going to your job each day when facing these forms of treatment can be damaging and leave a lasting impact:
- Financial hardship as a result of termination
- Deteriorating mental health
- Medical problems
No person deserves to suffer from mistreatment in the workplace. Taking action will be critical to holding responsible parties accountable and recovering from your losses.
The Complaint Process
Should an employee experience discrimination, there are a few steps that should be taking, including:
- File an internal complaint: The first step will be to report the complaint to your company’s human resources department. This allows them to investigate the complaint and take action to remedy the issue. Sometimes, this may be satisfactory enough for the victim who has been impacted.
- File a complaint with the EEOC: You can file an EEOC complaint if you are not satisfied with your employer’s response. The EEOC may launch an investigation and may even take action. Know that to file a complaint with the EEOC, it’s critical to do so promptly. This process can be complicated, and it may be in your best interest to reach out to a lawyer for guidance.
Qualities to Look for in a Workers’ Rights Lawyer
If you’re being treated unfairly at work, it is important to work with a workers’ rights lawyer in El Paso, TX. However, with so many different lawyers out there, how do you choose the right one? Here are several qualities you should look for.
- Specific Experience: If you’re facing discrimination at work, it’s important to find a lawyer who specializes in employment law. This way, he or she will know if your employer truly violated any laws and then help you proceed forward. If possible, you should also look for a lawyer who has specific experience with the type of discrimination you are dealing with. For example, if you believe your employer is discriminating against you for your religion, find a lawyer who has previously helped clients who were treated unfairly for their religion at work.
- Good Communication Skills: Employment laws can be difficult for the average person to understand. That is why it is important for a workers’ rights lawyer to possess good communication skills. He or she should be able to explain legal terms in language you can understand and answer all of your questions clearly.
- Honest: It is very important to find a workers’ rights lawyer in El Paso, TX who is completely truthful with you. He or she shouldn’t just tell you what you want to hear. That won’t do you any good. For example, if a lawyer doesn’t believe you have sufficient proof of your discrimination at work, he or she should tell you immediately.
- Available: When you are dealing with a big issue like discrimination in the workplace, you want to have a lawyer who is available to address your questions and concerns. Your lawyer should give you frequent updates about your case and return your phone calls in a timely manner. If your lawyer takes a while to get back to you, he or she may be juggling too many cases and can’t give your case the attention it deserves.
- Passionate: It is not enough for a workers’ rights lawyer to be knowledgeable and experienced. A lawyer should also be truly passionate about what he or she does. The more passionate a lawyer is, the harder he or she may work on your discrimination case. Don’t hire a lawyer if he or she seems indifferent about your case.
It’s critical to reach out to our team at Davie & Valdez, P.C. to ensure that proper action is taken. To learn more about our services and how we can help, contact our workers’ rights lawyer in El Paso, TX.
Workers in Texas are protected by both state and federal laws against wrongful termination and other types of discriminatory or unfair labor practices. When violations occur, employers can be held liable through a civil lawsuit, with damages that may include reinstatement to your prior position, compensation for lost wages, and payment of fines, legal fees, and other costs.
If you have recently been fired, how do you know if the situation calls for a lawsuit? The following are four situations that can create liability and land employers in hot water. For more details about your case, contact an El Paso TX workers rights lawyer.
Common Practices that Could Form the Grounds for Wrongful Termination
Many states are known as ‘at will’ employment states. In general, this gives employers plenty of freedom in how they choose to hire or fire employees. However, it does not give them free rein to engage in practices that are either discriminatory or in violation of stated policies and employment laws. The following are four common practices that employers may engage in, which can end up forming the grounds for a wrongful termination lawsuit:
- Not specifying why an employee is being terminated.
While employers are not required to provide a reason for firing an employee, failing to do so opens the employer up to suspicion. If there is even the slightest chance that termination was based on the employee’s age, gender, race, religion, or disability, an employer could be held liable in a lawsuit under the Equal Employment Opportunity Act. This also applies in cases where an employee faced sexual harassment on the job, or if an employee refused to engage in illegal or dangerous practices.
- Terminating an employee after positive performance reviews.
Most employers provide periodic reviews of their workers and their ability to perform tasks associated with their job, which can provide important evidence in wrongful termination cases. If you have received numerous positive reviews in the past or been steadily promoted, a sudden termination does not make sense and is likely to raise questions in the event a lawsuit is filed.
- Having bad timing.
As an El Paso TX workers rights lawyer can explain, employees have the right to speak out against unfair or unsafe conditions on the job and are protected under state and federal whistleblowers laws. Filing a complaint or lodging a grievance and then being fired a short time afterward could entitle you to damages in a claim.
- Violating policies and contracts
Employers are bound to follow policies they have laid out in their employee handbook and to honor employment contracts they enter into. If you are terminated, your attorney can review these documents for discrepancies.
Get Help Today
If you are terminated from your job and have concerns about the reasons why reach out and contact a qualified El Paso TX workers rights lawyer right away. Call Davie & Valdez, P.C. to arrange confidential consultations and will advise you on the best course of action to follow if you have a wrongful termination case on your hands. Don’t hesitate to reach out today.