Services

Wrongful Termination

If you were fired for a reason that violates state or federal law, or violates a contract you have with your employer, you may have a claim for lost wages and other damages.

Discrimination – Title VII Claims

An employer cannot discriminate (treat unfairly) against an employee because of his or her race, skin color, sex, national origin, or religion. If you think this has happened to you, find out what your rights are.

Pregnancy Discrimination

Discrimination because of pregnancy, or related medical conditions, is a violation of state and federal law.

Whistleblower Claims

Do you suspect wrongdoing at work, or have you already reported it? Before you do anything else today, get some legal advice – here’s why. First, unless you work for the state or federal government, there may not be a law that protects you from retaliation when you blow the whistle on your employer, so find out if there is. Second, even if there is a law that applies to your situation, that law will dictate who you have to report to – telling someone higher-up in the company is often the wrong thing to do in these situations. Third, whistleblower protection laws have short time limits, and you don’t want to wait and miss the deadline.

Equal Pay Act Claims – the EPA

Federal law requires an employer to provide equal pay for equal work. To win an EPA case, a plaintiff must usually point to at least one person of the opposite gender doing the same job (or a substantially similar job) that requires equal skill, effort, and responsibilities.

If you suspect you are not being paid fairly by a current employer, or weren’t paid fairly by a former employer, it may be worth asking an attorney. If your qualifications and abilities are comparable to male employees doing the same job, but the men are being paid more, we might be able to do something about that.

Disability Discrimination and Reasonable Accommodations – the ADA

Persons with physical or mental disabilities are protected from discrimination by an employer. If a person can do the job, an employer cannot refuse to hire just because the person uses a wheelchair, or fire someone because of a mental disorder.

Furthermore, on the question whether a person can do the job, the employer must consider making accommodations – changes at work – that would allow the person to do the job. If an employer refuses to make reasonable accommodations, consult a lawyer to see what can be done about it.

Family and Medical Leave Act – the FMLA

You shouldn’t lose your job, or be demoted, when you need a little time off for certain family or medical reasons. Federal law allows you to take time off for a serious health condition that affects you or a family member, the birth or adoption of a child, the foreign deployment of a family member who is in the military, or the return of a veteran family member who needs care.

Overtime Claims – the FLSA

An employer has to pay its employees a certain minimum amount, but they often try to bend the rules by failing to pay for things like travel or on-call time, or by telling you that you are an “exempt” employee, not subject to the overtime rules. If something seems fishy to you, that smell you detect may be a violation of federal law.

Commission Disputes

Here’s a common scenario: you’ve met your sales quota, but your employer rolls out a new commission plan and suddenly you won’t be paid what you are owed for the work you’ve done. These commission issues can be tricky because the employer writes the rules, but with the right legal help you may be able to recover what you are owed.

Age Discrimination – the ADEA

Persons 40 and older are protected from discrimination because age. An employer who says they’re looking for fresh blood or new ideas is speaking in code, saying we’re going to fire the older workers and hire younger, cheaper workers. If this sounds familiar, it might be worth a phone call to see what it means from a legal perspective.

Retaliation Claims

Many laws say that an employer cannot retaliate against an employee who sticks up for his or her own rights, or the rights of co-workers. For example, if you go to management or human resources and report what you believe to be a case of race or sex discrimination, the employer cannot fire or demote you for doing so. If you question whether you are being paid all wages you are owed, again the employer is not supposed to fire you, demote you, or take actions against you to teach you a lesson.

Noncompete Issues

Texas law applies here. It is very specific about when an employer can hold you to a noncompete, and what they can do to you if they think you have violated the noncompete. If your former employer is coming after you, find a lawyer who knows how to handle these kinds of cases.

Sexual Harassment/Hostile Work Environment

Broadly speaking there are two kinds of claims here. The first kind is obvious – a supervisor who says if you want to keep your job, here’s what you have to do for me. It might start out as lunch with the boss, but pretty soon your job is job is on the line if you don’t agree to sex. This is illegal. The second type of case is more subtle, like death by a thousand paper cuts. If an employer regularly makes comments about you, changes your duties to make you perform unpleasant or less lucrative work, and it all adds up to the point where you now hate going to work … you may have a claim.

Employment Contract Negotiations/Breach of Contract Claims

If you’re being offered a new job or a promotion that includes a written employment agreement, you might want to go over it with an attorney before you sign it. Almost everything is negotiable before you sign it, so make sure you understand your contract, and don’t be afraid to ask for what’s fair before you sign.

If your employment is ending and the employer owes you money, a lawyer can help you get what you are owed. Don’t compromise or walk away with nothing – contact an experienced employment lawyer to find out what your rights are.

Severance and Separation Agreements

Employers sometimes offer money to a departing employee, even one that is being fired, in exchange for the employee’s promise to sign an agreement not to sue. These agreements are usually one-sided in favor of the employer, and you may not want to agree to all of the restrictions they are asking you to sign off on.

Also, if you think the termination is retaliation for something you’ve done, or you suspect you might have a real claim against the employer, don’t sign until you’ve talked it over with an employment attorney.

Law Office of Donald E. Uloth