Hiring & Promotion

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...

Continue reading

What is the statute of limitations to sue an employer in Texas? Fort Worth employment attorney explains

In Texas an employment lawsuit may arise under a combination of federal, state and local laws. This is true whether the lawsuit is for wrongful discharge, pay or benefits issues, discrimination, FMLA, or other employment claims. All forms of employment claims carry a limitations period. The statute of limitations is not universal for each of these claims. Technical procedural rules may determine the calculation of the statute of limitations to a particular employment claim. The best thing to do if you believe you have an employment claim is to contact Texas employment lawyers. Today's post will discuss some of the limitations periods for common employment claims. Wage/Pay/Compensation...

Continue reading

The Kielich Law Firm Podcast Episode #4: Background checks, Expunctions and Nondisclosure Orders in Texas

Today's post contains episode four of my legal podcast. This episode deals with the issues of employment background checks and how expunctions and nondisclosure orders can scrub out certain criminal records from those background checks. The majority of employers conduct background checks and certain occupations and professional licenses require background checks. In today's job market employers know any job opening will bring a huge number of job applicants and any legal reason to pass on an applicant will usually result in putting an application in the trash. Not all criminal records can be sealed or destroyed. If the opportunity is...

Continue reading

Dallas employment lawyer: Social media and employment discrimination claims

A recent Pew Research poll indicates 73% of the U.S. population uses social media. It's out there. There are so many social media outlets to choose from it's difficult these days to find people not on multiple social media sites. Although Facebook may be suffering from a wave of withdrawal, other sites are maintaining their status or growing. Heck, even myspace is on the resurgence, particularly among teens. For Texas employment lawyers, on both the employer and employee side, social media presents both opportunities and liabilities. Employment discrimination and social media in Texas It's a wealth of information available in litigation to learn...

Continue reading

Employer background checks in Texas: what do they show? Dallas employment lawyer explains

A question I receive to my Bedford law firm is what shows up on an employer background check in Texas. Employers are increasingly performing background checks on job applicants in Texas. They look at both credit information and criminal backgrounds. There is considerable confusion about what employers can legally see in a background check in Texas. There is a lot of misinformation on the internet about what shows up in an employment background check. Today's post addresses the criminal background check in an employment background check in Texas. Why Texas employers conduct criminal background checks Employers have two simple reasons they conduct criminal...

Continue reading

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
error: Content is protected !!