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Employment Litigation

EEOC employment lawyers busy this month on employment discrimination

EEOC lawyers have had a busy September starting and settling employment discrimination lawsuits. The EEOC accepts charges of employment discrimination in Fort Worth and Dallas at the Dallas, Texas office. Employment lawyers in Fort Worth and Dallas represent employees in these types of employment discrimination lawsuits. The following is just the listing of the EEOC activity reported in the last ten days. This is a large number of cases for the employment discrimination agency. Although these are not all Texas employment discrimination cases, they reflect the larger activities of the EEOC. A review of these employment discrimination lawsuits by the EEOC...

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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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EEOC mediation and lawsuit settlement amounts in Dallas and Fort Worth, Texas

EEOC mediations and lawsuits often end in settlement of claims for employment discrimination in Dallas and Fort Worth, including wrongful termination. An important question for many employees filing employment discrimination claims with the EEOC is what they can expect in a settlement. Many employment discrimination complaints filed with the EEOC in Dallas settle either in mediation with the EEOC or after filing a lawsuit but before trial. Settlements at these two stages happen at critically different stages of an employment discrimination claim so their settlement values are, collectively, different. We will discuss the average EEOC mediation or lawsuit settlement averages...

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Hiring a Dallas employment attorney for FMLA claims in Texas

FMLA, the Family Medical Leave Act, is an important piece of legislation to protect an employee's right to medical leave at many employers. FMLA contains a range of technical requirements to ensure employers comply with the protected medical leave. When an employer fails to meet these technical requirements and abuses the employee for invoking FMLA the employee can run into problems. Employers retaliate and interfere with FMLA rights. This can result in demotions, pay cuts, loss of benefits, wrongful termination and other employment consequences. When this occurs, you should contact a Dallas employment attorney like Adam Kielich to help you...

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Can I be fired for discussing politics at work? Dallas Employment Attorney Adam Kielich Explains

Dallas and Fort Worth employees have good reason to worry about how the polarized political climate may affect their jobs. Certainly changes in employment laws could have a meaningful change to employment in Texas. These could occur in changes to: civil rights protections for gay and transgender employees; minimum wage and overtime pay regulations; investment adviser fiduciary duties to retirement plans; protections against retaliation for social media activity under labor laws; reduced OSHA oversight; and changes to the ACA health care laws. Beyond these changes, Dallas and Fort Worth employees may face job problems merely for discussing political issues at work. If...

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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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EEOC hits Dunkin Donuts franchise for $330k in sexual harassment suit: Dallas sex discrimination lawyer explains

Last week the EEOC settled  a Title VII sexual harassment and retaliation suit against multiple Dunkin Donuts franchises. The $330,000 settlement, which covers multiple employees, includes a multi-year training and oversight provision to avoid similar events in the future. The EEOC press release describes the events alleged in the lawsuit as follows: Hillcrest Marshall violated federal law by subjecting female employees, some of whom were in their teens at the time, to sexual harassment by a store manager at one of its Dunkin' Donuts locations. For example, EEOC said, the store manager talked about his genitals, tried to kiss a female worker who was...

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What is voir dire in Texas? Dallas employment lawyer answers

Voir dire describes the process of questioning a witness or juror to determine the individual's background. Attorneys use it for: (1) jury selection and (2) assessing a witness's knowledge or expertise. Voir dire always occurs in the jury selection process. This is what most people think of when they hear voir dire. For example, if an employment attorney takes a wrongful termination lawsuit to trial, there will be voir dire of potential jurors before the trial. Voir Dire During Jury Selection in Texas Most people think of voir dire as a part of jury selection. You see it in legal TV shows and movies. This is the process...

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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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