This article gives a brief overview of when and to whom a duty to preserve evidence applies under Texas law, and discusses why it is usually important to clearly put your employer on notice as soon as possible if you have a legal claim against it. Many times when someone…
Articles Posted in Employee Rights
It’s My Spouse, I’m Leaving
In 1993, Congress passed the Family Medical Leave Act (“FMLA”) which provides employees the right take medical leave for (1) the birth of a child or to bond with a child, (2) the placement of a child for adoption or foster care, (3) a serious health condition that prevents the…
Ramadan 2022 is Here: Do I Qualify for a Religious Accommodation?
The Muslim holy month of Ramadan is observed by 1.6 billion people around the world. Practicing Muslims will be fasting from dawn until dusk (approximately 6 a.m. to 8 p.m.) beginning on April 2, 2022 and ending on May 2, 2022. Fasting means no food or liquid of any kind.…
Why Judicial Elections Matter in 2022
Summary: This article gives a rundown of judicial elections in Texas: what they are, what positions are up for a vote, and why you should care about them. Although many states elect at least some of their judges, as of 2020 Texas is one of only six states to run…
Navigating the EEOC Process: Responding to the Employer’s Position Statement
Perhaps you have filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC), and you have been requested to respond to the employer’s position statement. But, you do not know where to start. You may be asking yourself a few questions such as “What is a position statement?” …
Cunning companies may try to circumvent Texas’s “conflict of law” rules for non-competes: what that means and what to watch out for
Summary: This article discusses Texas conflict-of-law rules as they apply to non-compete agreements, and some ways that employers may try to get around those rules. Various articles we have published address in general what a non-competition agreement is and what is required for one to be enforceable in Texas. But…
Lights, Camera Action: Get Your Popcorn Ready – The Supreme Court is Back in Session and COVID-19 is on the Agenda!
Employment issues will again take center stage at the U.S. Supreme court on January 7, 2022, and appeals related to vaccine mandates are sure to be the main attraction. Alas, vaccine mandates will be squarely before the Court and audiences nationwide will soon receive some clarity from the nation’s highest…
Texas v. New York: Which state offers more protections to employees? The answer will not surprise you.
It is no secret that in the past few years companies have been moving their principal places of business from progressive states, like California or New York, to Texas. Texas has been known as a “business-friendly” state, and for good reasons. Among other things, Texas has a healthy economy, a…
Strategize your Resignation
For employers and employees alike it is becoming apparent that there is a trend of employees leaving their workplaces. In Texas, the at-will doctrine allows an employee to leave for any reason or no reason, but sometimes resignations can be a bit more complicated. For employees it is complicated because…
Don’t Move the Goalpost
As a young athlete, I remember the phrase, “Don’t move the goalpost.” The phrase is often used in sports to describe changing the criteria, or goal, while the game is still in progress. Outside of the sports arena, the phrase is commonly used as a metaphor when the goal is…