Federal and state laws are strict about how employers treat their employees and manage their businesses. At Daic Law, we offer comprehensive legal representation for employees throughout Texas whose rights have been violated by an employer.
Comprehensive Legal Representation for All Cases
At Daic Law, our labor and employment attorney has extensive knowledge and experience, and frequently manages cases involving:
Discrimination is prohibited by several federal laws. Discrimination cases we manage include discrimination based on:
- Sexual preference
Retaliation is one of the most common fears among employees. Fear of retaliation often prevents employees from taking action even though retaliation is prohibited by federal and state laws, as well as most business standards. Retaliation cases we manage include:
- Changes in pay or scheduling
- Hostile work environment
- Adverse employment action
Sexual harassment is defined by the U.S. Equal Employment Opportunity Commission (EEOC) as being any unwanted sexual advances, requests for sexual favors, and any hostile or inappropriate work environments these actions may cause. Sexual harassment cases we manage include:
- Constructive discharge (providing you no option but to quit)
- Quid pro quo harassment (requesting sexual favors in exchange for something else)
- Hostile work environment
Wage and Hour Disputes
Federal and state wage and hour laws are complex, and applicability may vary depending on your classification and the nature of your employment. Wage and hour disputes we manage include:
- Failure to provide overtime pay for employees working more than 40 hours
o Failure to provide wages earned, including sales commission, regular wages, or bonuses
- Failure to meet the minimum wage requirement of $7.25 per hour
- Unfair or improper classification or pay structures
- Employers restricting breaks or lunches as required by law
- Employers cutting into tip pools to provide non-tipped employees with unearned tip wages
Whistleblower/Qui Tam Actions
If you have uncovered evidence that your employer is engaging in illegal behavior, or is hiding it, you likely feel extremely uncomfortable and unsure of what to do. The Sarbanes-Oxley Act of 2002 was designed to protect employees in your situation from retaliation or negative consequences if you choose to report the illegal behavior. Contact Daic Law to learn more about your rights and options.
Texas is considered an “at-will employment state”, meaning that employers can terminate an employee at any time, for any reason. This does NOT include, however, termination that violates a contract, termination based on discrimination, or termination based on retaliation.
One of the most common elements of an employment contract is a non-compete agreement. While beneficial in some cases, non-compete agreements can prevent you from finding gainful employment within a reasonable time. At Daic Law, our labor and employment attorney is skilled in navigating complex contracts and challenging enforceability. Texas law requires non-compete agreements to meet the following standards:
- Reason: The non-compete agreement must be reasonable and specific. Laws are vague concerning what constitutes specificity and reasonableness, making this standard commonly disputed.
- Necessity: Your employer must identify a legitimate reason for restricting your ability to seek employment in a similar field after leaving your current contracted position. Examples include access to trade secrets, intellectual property, or specialized training.
- Reciprocity: Non-compete agreements can only be included in contracts that have benefits to the employee as well as the employer. Non-compete agreements on their own, without a larger contractual base are often found invalid and unenforceable.
Family and Medical Leave Act (FMLA)
The FMLA was established as a means of protecting employees who may have unexpected or extenuating family or medical situations arise. The FMLA entitles employees to 12 weeks of unpaid leave from work, without fear of termination, in the following situations:
- Caring for a newborn
- Adoption of a child
- Placing a child in foster care
- Recovering from a serious illness
- Caring for a seriously ill child, spouse, or parent
- Caring for an injured service member
- Addressing hardships due to military deployment
Contact a Labor and Employment Attorney
Whether your employer has violated federal or state laws, you deserve to have a competent, compassionate attorney on your side as you protect your rights and your future as an employee. Contact Daic Law today to learn more about your rights. Send us an email, or call us to discuss your case.