Diaz Law Firm

EMPLOYMENT LAW ATTORNEYS

Workers in the United States are protected by a significant number of state and federal employment laws regardless of their immigration status. Attorney Manuel Diaz and his team zealously defend workers that have been treated unjustly in the workplace. Our legal teams have extensive experience protecting the rights of workers in a variety of employment law issues. If you or a love one believes that your rights at your workplace have been violated, count on us to defend you. We are committed seeking justice for our clients and obtaining full and fair compensation for wrongdoings they have suffered in the workplace.

PRACTICE AREAS

UNPAID WAGES AND WAGE AND HOUR VIOLATIONS

SEXUAL HARASSMENT

UNPAID WAGES AND WAGE AND HOUR VIOLATIONS

Employers are legal obligated to pay their employees regularly. Most commonly this is done either every two weeks or every month.

Also, the Fair Labor Standards Act (FLSA) establishes standards for minimum wages, overtime pay, recordkeeping, and child labor. The FLSA requires employers of covered employees who are not otherwise exempt to pay these employees a minimum wage of not less than $7.25 per hour and at least 1½ times the regular rate of pay for all hours worked over 40 in a workweek.

Certain occupations and establishments are exempt from the minimum wage or overtime pay provisions. However, The FLSA protects covered workers without regard to an employee’s immigration status. No employer should have an unfair advantage because he employs undocumented employees and doesn’t pay them.

Federal and State laws limit the amount of time to present a claim, if you feel that you’ve been treated unfairly or if you haven’t received your due compensation. It’s crucial that you pursue this immediately to avoid losing out on your unpaid wages.

Please contact us to schedule a free consultation.

SEXUAL HARASSMENT

Federal and State laws protect all workers by prohibiting sexual harassment. It is important to understand the specific behaviors that fall under the category of sexual harassment. Those behaviors may include:

  • Making sexual advances toward you
  • Touching you in an inappropriate manner
  • Talking inappropriately to you
  • Requesting sexual favors in exchange for raises or fair treatment in the workplace

These are just a few of the different ways a person can sexually harass another person in the workplace. If you feel you’ve been harassed in your workplace, contact us immediately. We can help you reclaim the dignity at work that you deserve whether you were terminated because of the harassment or you are still having to endure it. We’ll discuss your situation at no charge, answer your questions and explain next steps.

WRONGFUL TERMINATION / RETALIATION

EMPLOYMENT DISCRIMINATION

WRONGFUL TERMINATION / RETALIATION

Employers Can be Sued for Wrongful Termination By law, Texas has at will employment, meaning that, generally speaking, you can be fired at any time for any reason except an illegal reason. Our wrongful termination lawyers are well versed in the exceptions to the Texas employment at will doctrine. For instance, you may have a wrongful termination case depending upon the grounds for wrongful termination, particularly if you suffered discrimination such as:

  • Age discrimination, including getting rid of older workers to make way for younger workers or selecting better qualified older workers instead of younger workers as part of a reduction in force;
  • Sex discrimination, pregnancy discrimination or sexual harassment;
  • Race discrimination or national origin discrimination;
  • Disability discrimination; or
  • Religious discrimination.

Wrongful termination in Texas also includes the situation where you were fired in retaliation for engaging in a protected activity such as requesting a reasonable accommodation for a disabled employee, reporting sexual harassment, filing a worker’s compensation claim, filing or participating in an employment discrimination complaint with the EEOC or TWC, etc.

Examples of Wrongful Termination

You may have a case if you are wrongfully terminated for making industry-specific complaints. Were you fired for complaining about health and safety violations? Were you fired for complaining about patient abuse? Were you terminated for complaining about financial irregularities? Were you fired for reporting a fraudulent billing of the federal government such as Medicare or Medicaid claims? Were you terminated for reporting an illegal act of a public corporation? Were you fired for refusing to engage in an unlawful act?

Can I Sue My Employer for Wrongful Termination?

Our wrongful termination lawyers can tell you if you have grounds for wrongful termination lawsuit. There are many violations of the law that qualify as under the wrongful termination definition. Some examples include the following:

  • FLSA retaliation for requesting payment of overtime under the Fair Labor Standards Act;
  • FMLA retaliation for taking leave under the Family Medical Leave Act;
  • Fired for filing a worker’s compensation claim;
  • Terminated for joining the military or requesting military leave;
  • Fired for requesting medical benefits; and
  • Fired for requesting retirement benefits.

Can I Sue for Wrongful Termination?

Our attorneys for wrongful termination will assess your situation to see if you have an adverse employment action that can be used as grounds for wrongful termination lawsuit. Common fact patterns to the at will employment doctrine in Texas, for which you would have no case, include the following situations:

  • No reason. Texas employers are not required to give one;
  • A seemingly minor cause such as being late to work or violation of a smoking policy;
  • Being singled out when less qualified workers kept their jobs;
  • Refusal to relocate or accept a different position;
  • Refusal to sign non-compete agreements or non-disclosure agreements;
  • Reporting bad, but not illegal, behavior of a boss or co-worker; and
  • Personality disputes between an employee and his or her manager.

If you were the victim of employment retaliation for any of the above reasons, you may have a claim for damages. Contact us to schedule a free consultation.

EMPLOYMENT DISCRIMINATION

Employment discrimination is a serious problem in the workplace. It occurs when a member of a protected class is discriminated against by their peers, supervisors, or managers. This can come in many different forms. Protected classes are race, color, religion, national origin, gender, age, disability, and pregnancy.

There are a number of discrimination laws in place designed to protect workers from this type of behavior. These laws prohibit employers from treating workers any differently based on the factors previously mentioned (race, age, gender, etc.). Common examples of workplace discrimination include denying employment or promotions because a person is Hispanic, a woman, or is pregnant.

However, proving discrimination in the workplace can be a difficult task. It will require the assistance of a highly trained legal specialist. There are various regulations that dictate what companies can be prosecuted for discrimination as well as how long a person has to file a claim. These regulations vary according to the type of discrimination that takes place.

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