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Articles Posted in Wrongful Termination

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“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…

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The Texas Whistleblower Act: To blow the whistle or not to blow the whistle? That is the question.

The Texas Whistleblower Act prohibits a state or local government entity from taking adverse personnel action against an employee “who in good faith reports a violation of law by the employing governmental entity or another public employee to an appropriate law enforcement authority.” The two most important considerations when determining…

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Arbitration and You: Why You Should Pay Attention If Your Employer Talks About Arbitration

So, one day your employer asks you to sign a piece of paper that talks about a “dispute resolution” program, including “arbitration.”  Perhaps you instead got paperwork talking about arbitration with your onboarding materials when you started a new job.  Or, maybe you just got an email from your employer…

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“In this economy!?”—What mitigation is, and why you need to do it!

Most of the time, if an employee decides to talk to an employment attorney it is because they have been fired.  And even if reinstatement to the employee’s old job is a possibility, often when they were fired for an illegal reason they are understandably afraid of returning to the…

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Healthcare workers’ whistleblower protections under the Texas Health & Safety Code

Over 1.6 million Texans were employed in the healthcare and social assistance industry by 2019, and that number is expected to grow steadily over the next decade.  Nursing in particular is one of the top five occupations in the state by number of online “help wanted” ads.  Because of that,…

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Secretly Recording in the Workplace: Can I do it? Should I do it?

Generally, you have the burden of proving if your employer’s actions toward you violate the law. Of course, sophisticated employers seldom admit to doing something that breaks the law, and often employment cases turn on a “he-said/she-said” moment, where the employee claims something was said and the employer later denies…

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COVID-19, Furloughs, and Discrimination, oh my!

The Coronavirus pandemic has severely impacted American workplaces. Employees in various industries have reported cuts in work hours, cuts in salary, job-loss, and instructions to work from home. While the world as we know it is changing and adapting to the “new normal,” discrimination laws remain the same. Employees are…

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Can I Be Fired for Filing a Workers’ Compensation Claim?

Under Texas workers’ compensation law, employees who are unable to work because of injuries or illnesses they suffered during or in the scope of their employment are entitled to income benefits. Injuries are under the course or scope of employment when they occur while the employee was furthering or carrying…

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The Due Process Rights of Texas Government Employees

Under the Due Process Clause of the Fifth and Fourteenth Amendments, Texas government and public employees are entitled to certain protections. Generally, the Clause prohibits the government from depriving individuals of their life, liberty, or property interest without due process. In most cases, Texas government employees reasonably expect to continue…

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Are Employment Handbooks Binding On Employers?

Employee handbooks typically outline an employer’s expectations, as well as the consequences an employee may expect if they fail to meet the employer’s expectations. However, employee handbooks may also outline other important information, including: an employer’s overtime policy; the benefits offered by the employer; various types of leave available to…

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