By dholmes | Published September 24, 2014 | Posted in General Information | Leave a comment
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What Is a Hostile Work Environment in Texas?
1. My work environment is hostile. My boss hates me and yells at me. My co-workers are mean to me and gossip about me behind my back. I keep getting unfair write-ups. I’m not getting promotions. I can’t stand going to work anymore. Can I sue? Without more, no. The term “hostile work environment” is Read More
Read MoreWhat Is a Wage Claim Under Texas Law?
1. How is a wage claim different from filing a lawsuit? If an employer fails to pay wages or other compensation to an employee, the employee can always file a lawsuit against the employer. If the employee chooses to sue, then all of the usual rules relating to lawsuits apply. However, Texas law provides a Read More
Read MoreWhat Is “Constructive Discharge” in Texas?
1. What is a constructive discharge? The typical scenario for an employment law case is that the employer has fired the employee. Assuming that the fired worker was an at-will employee, the question is whether the worker has a wrongful termination claim based on discrimination or retaliation. But what if the employer did not fire Read More
Read MoreWhat Are the Rights of an At-Will Employee in Texas?
The vast majority of workers in Texas are at-will employees, which means that they can be fired for a good reason, a bad reason, or no reason at all. For a general discussion of at-will employment, click here. So what are the rights of at-will employees in Texas? This article provides a general discussion of the Read More
Read MoreWhat Are the Retaliation Laws in Texas?
A retaliation claim is similar to, but different from, a discrimination claim. The discrimination statutes protect various employees with various characteristics, from race to sex to disability status to immigration status. The discrimination statutes also protect people who engage in certain activities, from claiming family or medical leave to serving on a jury to joining a Read More
Read MoreWhat Are the Discrimination Laws in Texas?
Any employee in Texas is protected by a host of federal and state discrimination statutes. This article lists the various discrimination laws and in some cases provides a link to additional information about a particular statute. For a list of the retaliation statutes, click here. 1. Title VII of the Civil Rights Act of 1964 This Read More
Read MoreWhat Is the “At-Will” Employment Rule in Texas?
1. When Are You an At-Will Employee? In Texas, and in most if not all other states, every employee is presumed to be an at-will employee. There are two exceptions: (1) employees with certain types of employment contracts, and (2) most union members. 2, What Does It Mean to Be an At-Will Employee? It means that Read More
Read MoreHow Do You Prove a Discrimination Claim in Texas?
There are many types of discrimination claims under federal law and Texas law, including race discrimination, sex discrimination, religious discrimination, age discrimination, disability discrimination, discrimination based on genetic information, and others. So how do you prove a discrimination claim? In a perfect world, you would have direct evidence of discrimination. For example, if your company Read More
Read MoreWhen Do You Have a Wrongful Termination Claim Against Your Texas Employer?
If your employer fires you, then you may have a legal remedy in the form of a suit for wrongful termination. To assess whether you have a claim, a Texas employment lawyer will ask you several threshold questions: 1. Did you have a written employment contract? Most people do not have written contracts, but Read More
Read MoreWelcome to our blog
Welcome to the Law Offices of David C. Holmes blog. Our law firm handles all aspects of Texas employment law, including gender discrimination, age discrimination, sexual harassment, whistleblower rights and wrongful termination. Our office is located in Houston, and we represent clients in and around Houston, Tomball and Fort Bend, Harris and Montgomery Counties. We Read More
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