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Employee rights

Super lawyers, rising stars, best lawyers and other attorney advertising in Texas

Super Lawyers is a division of Thompson Reuters, a private mass media and information business. People searching for lawyers or attorneys almost certainly will see law firms advertising Super Lawyers designations. These include Super Lawyers and Super Lawyers Rising Stars. People searching for lawyers may be impressed by this designation although they don't really know what it means. After all, it sounds...

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Dallas employment lawyers with free consultations?

Dallas employment lawyers sometimes offer free consultations in their Dallas, Texas law firms. Most of the well-known employment attorneys in Dallas and Fort Worth do not offer free consultations. They may charge a fee of $75-300. Some lawyers offer free consultations but these may be personal injury lawyers or other trial attorneys who take on all types of cases. While many of these attorneys are excellent lawyers, they may not have expertise in employment law. Employment lawsuits like wrongful termination, employment discrimination and FMLA claims are very technical. Not having expertise as a Dallas employment lawyer can be harmful to...

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Are EEOC complaints confidential in Texas? Dallas employment lawyer explains

Employees suffering employment discrimination often worry about the effects of reporting employment discrimination to the EEOC. This is especially true for employees who still work at the job where discrimination occurs. Retaliation for complaining about employment discrimination is a real and serious concern. This concern may lead workers to not contact the EEOC or an employment lawyer in Dallas or Fort Worth who can investigate and take action to protect the employee from employment discrimination and retaliation. Today's post discusses how information shared with the EEOC (or the Texas Workforce Commission) is protected and what is shared with the employer. Initial...

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Severance and Texas unemployment benefits: Can I take both? Fort Worth unpaid wages lawyer explains

Dallas and Fort Worth employees often question the relationship between severance pay and unemployment benefits through the Texas Workforce Commission. Workers often think if they accept severance pay they are automatically ineligible for unemployment benefits in Texas. That is incorrect. The terms of the severance agreement determine whether you can receive severance and unemployment pay in Texas. When in doubt, talk to Dallas or Fort Worth Texas employment lawyer Adam Kielich about your situation. Basic rules for Texas Workforce Commission unemployment benefits and severance pay Unemployment benefits from the Texas Workforce Commission are available to Dallas and Fort Worth employees who lost their...

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Can my Texas employer fire me for doing what my manager told me to do?

Here's a tricky situation: you follow a specific instruction from your manager or a company policy. Then your employer fires you. Can this happen for following orders? Unfortunately, in most cases the answer: yes. Seems bizarre--and it is--but this is the nature of the at-will employment relationship. In an at-will employment relationship the employer can discipline an employee, up to termination, for a bad reason--even no reason at all. The employer can fire you for doing exactly what it instructed you to do. This is among the most glaring proof that the at-will employment relationship is a legal fiction. Texas law treats the at-will employment relationship...

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Just been fired? Apply for unemployment benefits in Texas

If you are fired (aka discharged, terminated) from your job then one of your first acts in almost all cases should be to apply for unemployment benefits. Applying for unemployment benefits through the Texas Workforce Commission is free so even if denied benefits you have only lost the time applying. This is true even if your employer believes it had a legitimate reason to fire you. The TWC has specific standards for awarding unemployment benefits. The employer's reason for terminating your employment may not meet those standards. Sometimes employers do not defend against an unemployment benefit application. You can receive benefits...

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Employees must engage interactive process in good faith for ADA failure to accommodate claims in Texas

ADA (Americans with Disabilities Act) and the Texas Labor Code require employers to provide reasonable accommodations to employees with qualified disabilities. A reasonable accommodation allows a disabled employees equal access to the workplace and allow them to perform the essential functions of their jobs. Many employers refuse to provide any reasonable accommodation. This results in a failure to accommodate claim under the ADA and Texas Labor Code. Under both federal and Texas law, employers are required to engage employees requesting a disability accommodation in good faith. Employers are also required to engage in an interactive process to determine the need for accommodation. Failing...

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What is a volunteer under Texas employment law?

Most people understand volunteering means giving away free labor, often to a charity or other non-profit organization. However, sometimes Dallas and Fort Worth for-profit businesses seek "volunteers" as a way of receiving unpaid labor or an employer requires its employees to volunteer time for a charitable or civic cause. What about these situations? The Department of Labor has developed regulations around the provisions of the Fair Labor Standards Act (FLSA) as they relate to volunteer work and address these issues. Generally Dallas-Fort Worth for-profit businesses cannot take on volunteers to obtain unpaid labor or require employees to volunteer for non-profit causes...

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Does Texas have an employee protected medical leave law like FMLA?

Family Medical Leave Act (FMLA) is a federal law protecting the right to medical leave for employees and family members. Some states enacted their own state leave laws that create state level protections. These state laws duplicate FMLA protections or even provide protections greater than FMLA. Texas lacks a state law for protected medical leave from your job in Dallas or Fort Worth Texas does not have a state law for protected medical leave like FMLA. This is unsurprising, given that Texas is an extremely employer-friendly state. In Texas employees enjoy protected medical leave under FMLA but no state law creates a state-level...

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7 Tips for Taking FMLA Leave — Fort Worth Employment Attorney

Most of my work with FMLA clients in Dallas, Arlington and Fort Worth involves helping them after they have sought FMLA leave and the employer has already violated their FMLA rights. As much as they need urgent help from an employment lawyer, it's equally as important that employees understand how to properly exercise their rights under FMLA to ensure the employee can take FMLA leave when needed. Much of the guidance available online regarding FMLA leave is written by management-side employment attorneys and management-side industry groups to help employers maneuver FMLA regulations and sometimes even to foil legitimate claims for FMLA leave....

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