Fighting for Employee Rights Since 1992
At the Law office of Gay E. Gilson we aggressively represent employees in lawsuits against employers. Our firm argues cases in both state and federal court. We advocate for clients before agencies like the EEOC , the Department of Labor, and the Texas Workforce Commission. The Law Office of Gay E. Gilson devotes our practice to fighting for workers’ rights. Employment cases are hard fought, and you need the best employment attorney for your case. If you are looking for a law firm that is both experienced and aggressive, please contact our office. We will schedule a face-to-face meeting with an employment attorney so you can discuss your case in person.
You should be judged on the quality of your work performance, instead of being judged by your employer’s prejudices or biases. Employment discrimination occurs if you are treated adversely by your employer because you belong to a protected class. Discrimination comes in many forms and may include employer actions such as a failure to hire, a failure to promote, a demotion, a different pay level, or a termination. There are both state and federal laws that protect employees from discrimination based on race, color, religion, national origin, sex, disability, genetic information, and age. These classes are not only protected under the Texas Labor Code but are also under federal laws.
Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, sex, religion, national origin, and color. The Americans with Disabilities Act (ADA) protects employees with disabilities by requiring employers to provide reasonable accommodations and prohibiting discriminatory treatment. Additionally, the Age Discrimination in Employment Act (ADEA) prohibits discrimination against employees who are 40 or older. For example, if you are 60, and your employer tells you to take a retirement package or face termination because of your age, our firm may be able to help you bring a claim of age discrimination.
Sexual harassment is prohibited by the Texas Labor Code and Title VII of the Civil Rights Act of 1964. Both women and men can be victims of sexual harassment. Sexual harassment can consist of inappropriate remarks, lewd gestures, memes, touches, groping, or even assault or rape. It can be committed by a supervisor, a manager, a coworker, or a customer. Quid pro quo harassment occurs when someone in a position of authority or power in the workplace makes employment or some aspect of employment conditional upon submitting to sexual advances. For example, if a restaurant manager suggests that you sleep with him to get better shift assignments as a waitress, this would be quid pro quo harassment. Hostile work environment harassment occurs when the harassment is so severe or pervasive that it alters the terms and conditions of employment.
Equal Pay/Compensation Discrimination
The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Job content (not job titles) determines whether jobs are substantially equal. All forms of pay are covered by this law, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits. If there is an inequality in wages between men and women, employers may not reduce the wages of either sex to equalize their pay.
An individual alleging a violation of the EPA may go directly to court and is not required to file an EEOC charge beforehand. The time limit for filing an EPA charge with the EEOC and the time limit for going to court are the same: within two years of the alleged unlawful compensation practice or, in the case of a willful violation, within three years. The filing of an EEOC charge under the EPA does not extend the time frame for going to court.
Although sexual harassment is a common form of hostile work environment harassment, a hostile work environment can be created by harassment based on other protected characteristics. Hostile work environment harassment could be based on race, national origin, religion, disability, age, sexual orientation, gender identity, pregnancy, or military service. For example, if your coworkers make racist remarks and leave nooses on your desk, this is likely to be considered a hostile work environment based on racial harassment if you are black. Similarly, if you are Middle Eastern, and your supervisor or coworkers call you a terrorist, you may have a claim for hostile work environment harassment based on national origin discrimination. If your coworkers make derogatory remarks about your ability to work because you are in a wheelchair, you may have a hostile work environment claim based on disability discrimination. It is important to take immediate action if you are subjected to bullying, ridicule, or harassment based on your membership in a protected class. You should talk to our firm as soon as possible. Sometimes a hostile work environment claim results in increased retaliation, and it is important to have an experienced attorney to guide you through this process.
Texas follows the doctrine of at-will employment. This means that employees can be terminated for any reason or no reason. However, an employer cannot terminate an employee for an illegal reason. Federal and state laws provide protection against wrongful termination. The Americans with Disabilities Act prohibits terminations based on an employee’s disability. Title VII of the Civil Rights Act prohibits terminations based on race, color, religion, sex, or national origin. Additionally, you cannot be fired if doing so violates a contract with your employer, whether that is an employment agreement or a collective bargaining agreement. Contracts may specify a particular term of employment or provide that you can only be terminated for cause. The employer is bound to follow the terms of the contract. These are just some of the protections employees have from wrongful termination.
Breach of An Employment Contract
At-will employment describes an employment arrangement in employment agreements where an employer or an employee may terminate the relationship at any time and for any reason. It typically means that the employee is being hired for an indefinite period of time.
In at-will employment, neither the employee nor the employer are required to have a justified reason for terminating the employment relationship. Any reason at all will be considered a proper basis for termination. This includes having no reason at all, so long as the reason is not illegal, such as discrimination.
The issue with an at-will employment arrangement is that regardless of whether the employer or the employee decides to terminate the employment relationship, the other party generally has no recourse to prevent this from happening.
In addition, at-will employees are subject to their employer’s decision, which means that the employer has the right to change the terms of the employment without notice and will not face any consequences. For example, the employer has the ability to terminate an at-will employee’s benefits or to reduce their wages, and the employer cannot be penalized for these decisions.
There are, however, several exceptions to at-will terminations. It is important to note that an at-will employment arrangement is different from an employment arrangement where an employment contract exists which provides certain rights and protections to employers and employees.
One of the main rights an employment contract provides is the right to specify termination procedures, which includes requiring the employer to demonstrate just cause prior to terminating an employee. In an at-will employment arrangement, however, an employer is not required to justify a reason for terminating an employee and, as noted above, they may do so for no reason at all.
Retaliation occurs when an employer takes an adverse action against an employee for engaging in a protected activity. Federal and Texas laws that protect employees contain anti-retaliation provisions. Our firm can help you bring a claim if your employer retaliated against you for making complaints of discrimination, getting involved in an HR investigation of discrimination, reporting workplace safety violations, filing a wage and hour claim, or engaging in other conduct protected by federal or state laws. For example, it is illegal for an employer covered by the ADA to retaliate against an employee for requesting a reasonable accommodation for a disability. The adverse actions taken by employers against their employees may come in many different forms. They can involve getting passed over for a promotion for which you were in line, they can involve being terminated, or they can involve a failure to pay a bonus that would otherwise have been paid.
Unpaid wages can be the subject of a wage and hour claim. This can take the form of a failure to pay minimum wage, wage theft, or a failure to pay overtime. Each of these can take different forms. Our firm can identify the appropriate path for pursuing a claim. For example, wage theft could occur if you worked 50 hours at a construction site but were only paid for 35 hours. A minimum wage violation could occur if a subcontractor’s employees are paid a daily rate rather than an hourly minimum wage. If you work more than 40 hours in a work week, your employer needs to pay time and a half for all of the hours worked over 40. For example, if you are paid $12 per hour and work 60 hours, you should be paid $480 for the first 40 hours and $360 for the 20 extra hours. Overtime claims can arise in a variety of ways, including being misclassified as an independent contractor or being asked to work off the clock.
Workers who need time off from work for family or medical reasons may be able to take leave. The federal Family and Medical Leave Act (FMLA) allows eligible workers of covered employers to take a maximum of 12 weeks of leave for certain reasons each year. The 12 weeks of leave can be taken all at once or in small blocks of time. If your employer is covered, you can take FMLA leave to deal with your own serious medical condition, care for your child or parent or spouse, or go through the birth or adoption of a child. The FMLA also provides protected leave to employee’s when their spouse, son, daughter, or parent are engaged in qualifying military activities. To qualify for FLMA leave, you also need to meet certain criteria, such as working at least 1,250 hours in the prior 12 months and working for an employer with at least 50 employees inside a 75-mile radius.
EEOC Representation
The Equal Employment Opportunity Commission (EEOC) is a federal agency that administers/enforces federal employment laws and seeks to assist employees and employers in resolving employment disputes. Employees can file complaints (called charges) with the EEOC. Filing a complaint/charge is the first step for an employee to initiate formal legal action for claims of discrimination/harassment/retaliation. The EEOC investigates charges/complaints filed by employees. The EEOC also offers other processes, such as mediation, in efforts to resolve disputes between employers and employees.
You may be considering filing an EEOC charge/complaint. Mediation may have been scheduled at the EEOC, and you may need legal representation. You may have received an employer’s position statement which responds to your charge/complaint, and you may need assistance preparing a rebuttal. Or, perhaps you have received a Notice of Right to Sue from the EEOC, and you may have questions about the next steps you should take.
The Law Office of Gay E. Gilson can provide assistance at all phases of the EEOC process. No matter what stage of the process you may be in, our firm can offer the education and advocacy that you need to successfully navigate the EEOC process.
Contact Our Experienced Employment Attorneys in Corpus Christi if you are concerned about protecting your rights in the workplace, you should discuss your situation with an experienced attorney. From our Corpus Christi office, we represent employees throughout Southeast Texas. Call us at (361) 887-0552 or use our online form to arrange an appointment.