TEXAS EMPLOYMENT LAWYER

Employers often provide severance agreements when terminating or laying-off employees. These agreements provide a monetary incentive in exchange for agreeing not to sue the employer. It is important to consult with an employment attorney who has experience evaluating severance agreements and determining whether your rights may have been violated. It is possible that you may have a good claim against your employer, thus putting you in a favorable situation to negotiate a better severance. Mr. Ruiz has written, evaluated, and negotiated countless severance agreements on behalf of both employees and employers. Contact Mr. Ruiz to help you evaluate a possible severance.

As an employee, you have the right to complain about actions in the workplace that violate employment law without suffering retaliation. If you feel discriminated against or harassed at work, you should not have to fear reporting your harasser. Arm yourself with a skilled Texas employment lawyer, and take back your life in the workplace.

The Fair Labor Standards Act (FLSA) is a federal statute that allows for appropriate compensation. Most employees are required to be paid an overtime rate for working over 40 hours per week. Several exemptions exist though, allowing for a fixed salary regardless of the number of hours worked. However, employers may misclassify such employees or otherwise not comply with the salary requirements.  For example, if you are doing the work of an hourly employee, but being paid a fixed salary, you may be entitled to overtime compensation.  Or, even if you should be exempt, if your employer docks your pay for a partial day absence, you may be entitled to overtime for weeks in which you work over 40 hours.

Mr. Ruiz frequently litigates claims of age or disability discrimination, including failure to accommodate disabilities, and retaliation.  Employers often tend to make adverse employment decisions based on inappropriate assumptions concerning older or disabled workers, and employees should fight for their rights if they are treated illegally.  Also, employers are not permitted to retaliate against employees for making good faith protected complaints.

Both federal law and Texas law prevent sex discrimination against employees. The Pregnancy Discrimination Act of 1978 modified these laws to confirm that sex discrimination includes discrimination on the basis of pregnancy. Most employers are well aware that they should not terminate or otherwise discriminate against female employees on account of their pregnancy or birth of a child. However, employers often still violate the law, even unwittingly or with a perception that they are acting with good intentions. For example, an employer should not prevent a pregnant employee from working in a particular job just because it assumes that job may not be “safe” or "too stressful" for the woman or her unborn child. Also, an employer making stereotypical assumptions about a new mother’s alleged need to care for her child rather than work, or not understanding that she can both work and care for her child, could also support a pregnancy discrimination claim. 

Many employers require employees to sign non-compete and non-solicitation agreements, and often try to enforce them after an employee leaves. However, these agreements may be challenged in court, as they could be found unenforceable depending on the geography, time period, and scope of the limitations. Mr. Ruiz can evaluate such agreements, advise you accordingly, and represent you in court.