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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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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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Can my Texas employer fire me for doing what my manager told me to do?

Here's a tricky situation: you follow a specific instruction from your manager or a company policy. Then your employer fires you. Can this happen for following orders? Unfortunately, in most cases the answer: yes. Seems bizarre--and it is--but this is the nature of the at-will employment relationship. In an at-will employment relationship the employer can discipline an employee, up to termination, for a bad reason--even no reason at all. The employer can fire you for doing exactly what it instructed you to do. This is among the most glaring proof that the at-will employment relationship is a legal fiction. Texas law treats the at-will employment relationship...

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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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Pleading standards, Texas agencies and employment discrimination claims with Fort Worth employment discrimination lawyers

Employment discrimination claims are highly technical at every stage of litigation. Federal law over the past fifteen years has laid out specific pleading standards for these claims that require significant detail in the original complaint to avoid a motion to dismiss for failure to state a claim (brought under Rule 12(b)(6) of the federal rules). State law in Texas tends to be less rigid, applying the fair notice standard, as opposed to the federal plausibility standard. Rule 91a Motions to Dismiss in Texas Wrongful Termination and Other Employment Discrimination Lawsuits In Texas we now have Rule 91a (state rule) that gives defendants...

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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 an employment lawyer. Today's post will discuss some of the limitations periods for common employment claims. Wage/Pay/Compensation...

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“Like” Off: Facebook “Like” still at issue under NLRB social media policy by Dallas labor lawyer

In 2012 the National Law Review published my article discussing the relationship between social media and workplace harassment. In that article, I discussed a case arising from the National Labor Relations Board in which two employees were fired for allegedly violating the employer's social media policy prohibiting employees from disparaging the employer online. Here, the employer fired one employee for adding a comment to a discussion on Facebook about the employer's payroll problems. The employer fired another for clicking "Like" on one of the comments. The employees filed a complaint with the National Labor Relations Board for violating the National Labor Relations Act....

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New FMLA rule extends rights to same-sex spouses in Texas: Dallas FMLA lawyer

The state of same sex marriage might be in flux in Texas but federal law, following the Supreme Court decision in 2013's United States v. Windsor, is clear that any valid marriage must be treated equally. A problem that arose under FMLA is that in states such as Texas where same sex marriages are not legally valid an employer need not provide equal rights under FMLA for the care of a same-sex spouse and an opposite-sex spouse. FMLA permits an eligible employee of a covered employer up to twelve weeks of leave for the care of a spouse's serious health condition. Under existing...

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Can you count on the EEOC to file a lawsuit for you in Texas? Fort Worth employment lawyer discusses

The Equal Employment Opportunity Commission (EEOC) released its 2014 performance report recently with some disappointing results about how charges of discrimination (the employment discrimination complaints filed with the EEOC) resolve. Of the 88,778 private sector charges filed the EEOC "resolved" 87,442 of those charges. That does not mean a favorable result occurred for the charging party. It just means the EEOC decided whether there was probable cause to say unlawful discrimination occurred. Out of the 87,442 charges resolved, the EEOC mediated 10,221 charges and resolved 7,846 by mediation. However, just 133 charges resulted in litigation filed by the EEOC with 105 of those...

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Can my employer disagree with my doctor’s FMLA certification in Texas?

Under the Family Medical Leave Act (FMLA), eligible employees of covered employers can request up to twelve weeks of medical leave within a one year period for a serious medical condition of the employee or a family member as well as the birth or adoption of the employee's child. When the employee requests FMLA leave for a serious medical condition, the employer can request certification of the medical condition. Employers can request information about the medical condition, the need for leave, contact information for the physician among other facts. Employers may reject the certification or require additional information in limited circumstances and through specific procedures. When...

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