Employee rights

https://www.kielichlawfirm.com > Employment Law  > Employee rights (Page 9)

What employment records should I keep?

Ideally everything. Employment agreements, new hire paperwork, benefit plan descriptions, paystubs, corrective action notices, company newsletters, HR manuals, department manuals, emails relating to any of the above documents and anything else you might receive. Although a lot of these documents can be uncovered during litigation from your employer, it can be extremely important to have those documents up front. Sometimes employers do not have to keep certain documents beyond a given time period. In those cases the only “official” records will be the ones you keep. It helps to also keep personal notes of any interactions or anything you witness. These...

Continue reading

Is Texas an At-Will Employment State? Dallas employment lawyer discusses

Yes, Texas is an at-will state. At-will employment suggests that an employer and employee have equally bargained for the exchange of labor (from the employee) and payment of wages (from the employer) and freely engage in that transaction without the existence of an employment contract. This means that an employer may fire an employee for cause or no cause at all. The at-will relationship has a lot to do with what an employment lawyer can do for a client who is wrongfully terminated because it limits the types of claims available under Texas law for wrongful termination. It is a strange...

Continue reading

Fair Labor Standards Act & Texas Payday Law and Tipped Employees

Tipping is a form of employee compensation in which employees receive wages from the employer and customers, who have no legal relationship with their the employer or the tipped employee. The Fair Labor Standards Act (FLSA) and Texas Payday Law both recognize tips as wages to the tipped employee. They are subject to minimum wage requirements, overtime pay and several unique wage rules. Both Dallas and Fort Worth have a large number of service industry employees so this can be a substantial issue. Dallas employment lawyers help clients in Texas with tipping issues under federal and Texas employment laws. Tipping & Minimum...

Continue reading

Can my employer use what I say on facebook, twitter, linkedin, or other social media websites against me?

The laws around social media, especially in the employment context, are still evolving to meet the technological and social implications of social media in the workplace. Before delving into particulars, let me say that I think everybody needs to carefully consider what they post on social media websites because the information you put out there is stored for a very long time and can be used in criminal investigations, lawsuits and family matters such as divorces or child custody battles. While public employees have some different employment rights, due to their employment relationship with the government, private employees find themselves...

Continue reading

Can my employer prohibit workplace relationships in Dallas or Fort Worth? Dallas sexual harassment lawyer answers

Sure. Employers in Fort Worth and Dallas generally can prohibit amorous and sexual relationships between coworkers. It is extremely common for employers to prohibit workplace relationships in some form or another. Most companies establish these policies to deter sexual harassment, maintain professionalism and prevent unfair treatment (either favorable or unfavorable). These policies are also enforced to various degrees. A prohibition against superior-subordinate relationships is typically the most stringently enforced. It is most likely to produce unfair treatment against the subordinate in the relationship. This is a common issue in employment. Fort Worth and Dallas employer workplace relationship policies Employers tend to build these anti-relationship policies...

Continue reading

Will suing my employer hurt my job in Fort Worth? Fort Worth retaliation lawyer addresses this question

This is among the concerns I hear as a Fort Worth employment attorney from people about employment law issues. It is a legitimate concern. There is a lot of public discussion over the negative impact taking legal action against an employer can have on your job, if you still work for the company you are challenging, and future jobs. In many ways taking legal action against your employer will have a negative impact on your future with that company. It puts promotions and raises on the line. When you leave the company people may be unwilling to provide a positive...

Continue reading

Does Texas require employers to give employees breaks or lunches?

Texas labor and employment law has no general rule requiring breaks or lunches no matter how long you work. Because Texas lacks state specific laws on break and lunch periods, it defaults to federal law. Federal law also generally does not require breaks or a lunch period. An employee in Texas must receive a break or lunch if there is an employment contract specifically stating such requirements. Unless you are a union employee or have a contract then you are largely at the mercy of your employer’s discretion. Under the Affordable Healthcare Act, breastfeeding mothers must be given reasonable (but unpaid) break time for breastfeeding...

Continue reading

Can my employer monitor my emails? Phone calls? Texts? Computer activity? Website history?

Generally yes. In Fort Worth and Dallas your employer pays for your time and pays for the resources you use at the office (that they own). As a result, employment laws afford private employers wide latitude in what they can record, monitor, read, copy, etc. That said, employers often do have valid reasons. There are very few laws restricting what employers can monitor and record in the workplace in Texas. Fort Worth and Dallas employer access to electronic communications Employers can – and frequently do – record and access many forms of employee communications. This includes emails, phone calls on business phones, documents...

Continue reading

Can I sue my employer for defamation in Fort Worth? Fort Worth employment lawyer answers

Under Texas law, employment defamation occurs when your employer tells other people false information regarding your employment. Often this happens when an employer terminates an employee and tells future potential employers false reasons for termination. Employers can disclose negative information about an employee (within limits) if the information is true. Defamation occurs when the information is false. Fort Worth and Dallas employers' rights to report information about employees under Texas law An employer reports false information regarding a termination when it simply makes up information why the employment ended. False information spreads the employer conducts an incomplete investigation and repeats inaccurate information. Even if the employer truly...

Continue reading

Can I use my 401k to buy a business, franchise, house, investment property, etc.? Texas QDRO lawyer explains

There are many retirement asset-funded investment and business schemes that run from taking loans to “rollover as business startup” (ROBS) plans. They have been around for many years and typically they are generally a bad idea. I discourage most would-be investors due to the legal and financial liability involved. I have had people come to my law firm from Fort Worth and Dallas looking for information about these types of 401k plans and as a Fort Worth employment lawyer I rarely find these plans a good idea. What are 401k rollover as business startup plans in Dallas-Fort Worth? These plans are concocted by financial...

Continue reading
error: Content is protected !!