Understanding Employment Law
Understandably, employment law can seem intricate and daunting. At our firm, we’re prepared to clarify the complexities involved with Texas employment law, guiding you through the rules, procedures, and critical timelines. We often address our client’s concerns on a range of issues, including the process for workers’ compensation claims and the cessation of workplace harassment. This section offers answers to several common questions our clients pose.
Why is filing with the EEOC necessary?
Filing a claim with the Equal Employment Opportunity Commission (EEOC) or its state equivalent, like the Texas Workforce Commission – Civil Rights Division, is typically a mandatory step before pursuing a lawsuit.
What's the meaning of 'employment at will'?
In Texas, as with many other states, ’employment at will’ denotes that employers have the discretion to terminate employees with or without a cause, and likewise, employees may resign from their positions whenever they choose. Nevertheless, there are notable caveats to this principle:
- An employer is prohibited from terminating employees on prejudicial grounds based on aspects such as age, race, gender, or disability, along with other unjust discharge scenarios highlighted on our site.
- A distinct limitation to this principle arises if there is an employment agreement, either verbal or written, that prescribes specific terms regarding the termination of employment or resignation.
- Additionally, legal precedent has established what is known as the Sabine Pilot, or “public policy,” exception, which prohibits employers from discharging employees for refusing to engage in unlawful activities.
Does my employer qualify for the Family and Medical Leave Act (FMLA)?
To be eligible for FMLA obligations, an employer must have at least 50 employees within a 75-mile radius.
What does it mean that Texas is a 'right-to-work' state?
This concept is often mistaken for ’employment at will,’ but it’s quite distinct. A ‘right-to-work’ state ensures that individuals cannot be denied employment on the basis of non-union membership if the employer is governed by a collective bargaining agreement.
How can I ascertain if my employer is eligible to be sued for employment discrimination?
Usually, the threshold is 15 employees under most statutes, though it increases to 20 in disability cases. In some instances, such as certain healthcare whistleblower laws, there is no minimum employee count. Consideration should also be given to the “single integrated enterprise” theory, which might combine two entities with intertwined management or ownership to meet the necessary employee count.
What is the FMLA eligibility in terms of my duration of employment?
You must have worked at least 1,250 hours during the last 12 months for the same employer.
What are the time constraints for addressing employment discrimination?
The deadlines vary by statute and also by the jurisdiction in which you choose to file claims—state or federal. The timing for these deadlines can be complex, but the basic guideline is that you have a 180-day window for state lawsuits, and 300 days for federal claims. These timelines can differ based on the particular statute. For detailed analysis, complete our questionnaire, and we’ll provide personalized guidance.
What is a 'right to sue' and how difficult is it to obtain?
This simply indicates that the EEOC’s investigation of your claim has concluded, allowing you to initiate a lawsuit. It’s possible to request this ‘right to sue’ after your charge has been filed for 180 days, or the EEOC may issue it post-investigation.
If the EEOC didn't find evidence of discrimination in my case, what are my options?
The conclusion of the EEOC’s investigation does not preclude you from success. Receiving the right to sue effectively resets your case, and our firm has secured favorable outcomes for clients even without an initial finding of discrimination by the EEOC.