13 July

Sticky

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

in Employee rights, Employment Litigation, Wrongful termination

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...

09 July

Sticky

Ramsay, Masterchef, Tipped Employees, Sexual Harassment…What’s Going On? Dallas sexual harassment attorney explains

Posted by Adam Kielich

in Employment Litigation, Wage & Hour

This year's Masterchef season is plagued with allegations of sexual harassment by a few female contestants, including one actress and former Playboy model. We don't know much about the details of the allegations. All contestants are under contract with Fox not to discuss what happens behind the scenes. I suspect these allegations will turn into a lawsuit against the show's produces and the three judges: Gordon Ramsay; Graham Elliott and Joe Bastianich. However, these three judges are no stranger to litigation, especially when it comes to their own tipped employees. Owners taking tips from servers Back in May, I wrote about an episode...

03 July

Sticky

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

Posted by Adam Kielich

in Employee rights, Employment Litigation, Wrongful termination

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...

01 July

Sticky

What employment records should I keep?

Posted by Adam Kielich

in Employee rights, Employment Litigation, Hiring & Promotion, Wrongful termination

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...

28 June

Sticky

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

Posted by Adam Kielich

in Employee rights, Employment Litigation, Hiring & Promotion, Wage & Hour

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...

14 June

Sticky

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

Posted by Adam Kielich

in Employee rights, Employment Litigation, Wrongful termination

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...

11 June

Sticky

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

Posted by Adam Kielich

in Employee rights, Employment Litigation, Retaliation

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...

02 June

Sticky

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

Posted by Adam Kielich

in Employee rights, Employment Litigation

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...

10 April

Sticky

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

Posted by Adam Kielich

in Defamation, Employee rights, Employment Litigation

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...