In recent years, Artificial Intelligence (AI) has invaded virtually every industry, from technology on your phone, to cameras at your city’s traffic lights, to drones used by the military. Employment and hiring practices are not exceptions. AI systems are created by humans and then learn on their own by analyzing…
Articles Posted in Employee Rights
The (Harmful) Myth of the Perfect Plaintiff
A common misconception in employment law is that to be a plaintiff you must have been or are a model employee. This myth prevents many potential plaintiffs from pursuing action against their employers. My aim in this article is to address this misconception and hopefully dispel it. In its…
A Quick-ish Answer to “What is a PPP or Prohibited Personnel Practice”
Most Federal employees enjoy an entire administrative regime dedicated to vindicating their unique rights. Out of this regime there are three big enforcement mechanisms that come to mind: Equal Employment Opportunity (EEO) offices, the Merit Systems Protection Board (MSPB), and the Office of Special Counsel (OSC). These three agencies are…
At Will Employment: What does it really mean in Texas?
What does it really mean to be an “at will” employee in Texas? You’ve certainly heard of this term often. In the next few paragraphs, I will talk about what that term really means in the eyes of the law and how it impacts you, and I’ll also discuss the…
Get that Paper (As Long as You Do It for Your Coworkers, Too)
For an employee in Texas there are very few protections because Texas is an at-will employment state. An employer can fire an employee for any reason or no reason, and it is protected under Texas state law. The only thing an employer cannot do is terminate someone or take an…
“Judicial Estoppel”: When bankruptcy is more than just a financial obstacle to protecting your rights as an employee
Usually when your employer has done something illegal to you, it hits you directly in the pocketbook. For example, maybe your employer illegally denied you an earned bonus, failed to pay overtime you were owed, or fired you in retaliation for a protected complaint. Often that loss of income can…
Hostile work environment and workplace harassment—how far can my boss go?
“Hostile work environment” and “harassment” are probably two of the most common terms I hear in my everyday practice. Both terms are generally interchangeable under the law and mean the same thing. Workplace harassment takes different forms such as being subjected to yelling, bullying, intimidation, ridicule, belittlement, false accusations, and…
Baby It’s COVID Outside: Emergency Paid Sick Leave for the New COVID-19 Spikes
The weather is getting colder and nationally, the United States is experiencing a new spike in COVID-19 cases. The country is trying to jump multiple hurdles all at the same time and one of them happens to be dealing with the new increase in people contracting the virus. Thankfully, the…
Locked up and my employer won’t let me out: Have I been falsely imprisoned by my employer?
False imprisonment is the wrongful restraint, confinement or detainment of a person without that person’s consent. False imprisonment is a crime and can be charged as a misdemeanor or a felony, depending on the severity of the imprisonment. Additionally, false imprisonment is a common law tort and can arise in…
The Holidays are Stressful but Scheduling Childcare May Not Have to Be with Recent Changes to the FMLA
As the country heads into the second half of fall fraught with holiday breaks and the prospect of a second wave of COVID-19 on the horizon, child-care concerns remain prevalent. The holiday season brings vast uncertainty about school closings and the availability of other childcare options, normally, but this year…