Employee rights

https://www.kielichlawfirm.com > Employment Law  > Employee rights (Page 8)

How to Negotiate a Better Deal with a Promotion? Fort Worth employment attorney

In a down economy, it can be exceedingly rare that you have an opportunity for promotion. It can be even rarer that the company is going to be willing to negotiate a higher salary when they know that there is probably 100 people at least closely qualified to take the position for the offered salary. It is ALWAYS a risk calculation to reject an offer and throw back a counter offer. No matter how well played or justified the counter-offer, an employer can always chose to go with the next candidate.  However, there are some factors that can help increase...

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If I serve in the military what rights do I have to my civilian job? Dallas FMLA lawyers

In 1994, following the first war with Iraq, the federal government enacted the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) to protect the civilian jobs of uniformed service members. The purpose of this law is to protect service members who perform both short term service, such as reservists who commit a weekend each month, and long term service, such as full tours of service. USERRA protects your right to return to work after service if your service period is less than five years. The five year period is cumulative for an individual employer. If you work at the same...

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Do I have to be paid for being on call to work in Dallas or Fort Worth? Texas labor attorney

If scheduled to be “on call” as part of your employment, you may be eligible to receive pay based on the Fair Labor Standards Act (FLSA) and Texas Payday Act for at least minimum wage. If it is more than forty hours and you are not a salaried, exempt employee, then also overtime pay. On call pay issues are complex because a few facts can completely change the wage claim. Does your employment have to pay for on call time in Texas? Whether your employer must pay you for on call time depends on a few factors: Your employer may have a policy...

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When do I get my last paycheck when I quit or get fired in Dallas-Fort Worth? Texas employment lawyer

Each state has different rules about when an employer must pay you your last paycheck and in Texas the rules for your final paycheck set different dates depending upon who terminated the employment relationship. In Dallas or Fort Worth, if you terminate your employment then the employer has until the next regular payday to issue your last paycheck. If fired or laid off then the employer has six calendar days to issue your last paycheck. If the sixth day is a day the employer normally closes, such as a holiday or weekend, then the employer has until the next regular...

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Can my boss fire me or write me up for talking to other employees about my pay? Fort Worth employment lawyer

No, although many employers continue to present this as a written or unspoken rule. Employers generally do not want you to share your salary, hourly wage, or bonus numbers with your colleagues. They fear those who make less will demand more pay. The National Labor Relations Act protects your right to discuss conditions of your employment, such as pay, with co-workers. Your employer cannot discipline you for discussing it. Your employer cannot even make a rule or threaten to discipline you for it. If you experience this problem in Bedford, Fort Worth, or Dallas then you should contact an employment...

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For what reasons can I be fired during my first 90 days in Texas?

It is extremely common for employers to establish the first thirty, sixty, or ninety days as a probationary period. Employers do this to set the expectation that they are “test driving” an employee. Although employers can terminate employees (at least non-union employees or those who do not work under an employment contract) any time, companies have concerns about paying unemployment benefits and discrimination claims. By setting the expectation they can terminate you upfront for any reason (or no reason at all) during that “probationary” period it makes it difficult to receive unemployment benefits or prove that an employee was terminated illegally. If your employer fires...

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Can my Fort Worth or Dallas employer make me take vacation paid time off on certain days?

Unless you work under an employment contract or a collective bargaining agreement that says otherwise, in Fort Worth or Dallas your employer is free to limit the days you can take vacation or other paid time off. They can even require you to take days off using your paid time off. It is common for Texas employers to limit employees from vacation during certain times of the year due to business needs or high levels of competition for vacation days. It is less common to see employers requiring employees to take paid time off. Nevertheless, employers can require taking vacation or other...

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Does my employer have to pay me for full two weeks if I give notice but they fire me immediately? Dallas employment lawyer explains

In Texas, any notice from an employee to an employer resigning does not obligate the employer to anything. (Unless there is an employment contract that says otherwise.) The employer does not have to continue employment for those additional two weeks. If the employer terminates the employee immediately, it does not have to pay for any time the employee not worked. (Again, unless an employment contract says otherwise.) Aside from the salary issue, there are some reasons why you might want to give notice anyway. Why you may want to give your Dallas or Fort Worth, Texas employer two weeks notice The biggest reason...

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When overtime must be paid in Dallas-Fort Worth? Dallas overtime lawyer explains

to compensation for certain employees for hours worked over forty hours in a work week at one and a half times the employee’s regular rate of pay. Most people understand the general concept of overtime pay; but employees do not always understand some of the specific rules. Employers often take advantage of this by not paying overtime pay owed to employees. This is a major issue in employment law and one that often requires Texas overtime lawyers to correct when an employee does not receive overtime he or she is due. Who receives overtime pay in Texas Under the Fair Labor Standards Act (FLSA)...

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Can my employer violate the employment handbook under Texas employment law? Fort Worth employment lawyer explains

Generally yes, the employer is not bound to follow its handbook. An employment handbook can be an employment contract that requires the employer to follow the procedures and rules. In almost every handbook there is a disclaimer that it does not create an employment contract. The employer is free to change the terms at its own discretion. Texas courts recognize the disclaimer as destroying any hope that you can rely upon your employer to follow its own rules. In addition to the disclaimer, employers often write the handbook in a way that allows the employer to not follow its processes. For example, the progressive disciplinary policy...

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