The Womack Law FirmHouston Business Litigation Attorney | Employment Law & Litigation2024-02-13T10:49:05Zhttps://www.markwomacklaw.com/feed/atom/WordPress/wp-content/uploads/sites/1604474/2024/01/cropped-WLF_FAV-32x32.pngOn Behalf of The Womack Law Firmhttps://www.markwomacklaw.com/?p=472302024-01-12T13:45:07Z2024-01-12T13:45:07ZThey want to push the other party to act
Simply sending a strongly-worded letter to a party in breach of a contract can occasionally resolve disputes. Sadly, those who have intentionally avoided their obligations to a business or overtly violated a pre-existing contract may simply ignore a letter about their inappropriate conduct like they ignored the contract initially.
The decision to file a lawsuit signals to the other party that the plaintiff intends to pursue the matter as far as is necessary to properly resolve the issue. The total losses possible increase if the matter actually goes to trial. Those in breach of contract or otherwise engaged in misconduct affecting a business are often more likely to cease certain actions or agree to sit down for mediation with the possibility of litigation looming large over the discussion.
Settling is better than ignoring pressing concerns
Approximately 3% of business lawsuits go on to trial in any given year. The other cases either settle out of court or face dismissal due to a variety of different factors. While settling often involves making some compromises, reaching a settlement with a party in breach of contract is often a more favorable outcome than simply giving up on enforcing an agreement or pursuing damages for the misconduct of another party.
Litigation can also serve as an important reminder to other parties about the importance of fulfilling contractual obligations, as they know that the business may take legal action to enforce its contract if necessary. Settling is often actually a better outcome overall as it keeps the matter out of the public eye for the most part and can reduce the amount of resources the business must invest in resolving the conflict.
Understanding what usually happens when a business must file a lawsuit can help executives and others contemplating legal action choose the best pathways forward given their circumstances.]]>On Behalf of The Womack Law Firmhttps://www.markwomacklaw.com/?p=471962024-01-17T17:12:35Z2020-04-28T16:11:23ZFederal law protects pregnant women from workplace discrimination
The Equal Employment Opportunity Commission (EEOC) considers pregnancy to be a protected medical condition. That means that legally, your employer can not consider your pregnancy when making decisions about your hiring, firing, pay or advancement within a company. Additionally, your employer should allow for reasonable accommodations, such as a position that lets you get off your feet or no longer requiring heavy lifting during pregnancy. Sometimes, instead of accommodating a pregnant woman's needs, a company will become hostile to try to force her to quit.
Even though pregnancy leave is generally unpaid in the United States, many employers still begrudge this time off to pregnant workers. Instead of looking at the big picture and how dedicated you have been and will be to the company, your employer may see you as a liability and try to push you out of your position. You may start getting written up for minor things while coworkers are not. You may suddenly get worse shifts, fewer shifts or more difficult or unpleasant tasks. Your wages or benefits could be cut. In some cases, your employer could even overtly fire you while pregnant.
An attorney helps you fight back
Like all pregnant women, you deserve reasonable accommodations for your medical needs while pregnant, leave after your labor and delivery and the ability to return to your position after your leave. If your employer is discriminating against you because of your pregnancy, you need to speak with an experienced Texas workplace and employment law attorney. He or she can advocate on your behalf to your employer and even file a civil suit to help ensure no one else is mistreated in the same way again.]]>On Behalf of The Womack Law Firmhttps://www.markwomacklaw.com/?p=471942024-01-17T17:02:32Z2017-08-03T16:01:10ZCheck out these examples of age discrimination
There are times when a company may do something that discriminates against you. This is particularly common among the aging population. Sometimes, it's thought that those who are getting older can't keep up or that they earn too much to keep them when a younger person could do the same job for less.
You don't want to lose your job, and it's not fair to lose it because of age discrimination. Here are two different situations that could be a sign that your termination was related to your age.
The company assumes you'll get "bored"
Sometimes, older individuals are seen as those who are "overqualified" and who may become bored with their work. They may look to move on quickly or decide to leave after a short time. Basing a hiring decision on assumptions about your age is discrimination.
The company lets you go ... but you're almost into retirement
Imagine working for a company for 40 or 50 years. You decide to retire at the end of the next year. Your last review was stellar, and there was no reason to assume anything was wrong. Suddenly, you're told you're being let go which is going to cost you your retirement.
If the company decided to let your go solely because it would need to pay your retirement benefits when you retired next year, that is ageism. It is also illegal for your employer to fire you to prevent you from collecting your pension in order to save the company money.
Age discrimination comes in many forms, and it can sometimes be hard to prove. If you believe you've been fired or are being harassed due to your age, you may have a case that you can take to court against your employer. You deserve respect, and the law is on your side.]]>On Behalf of The Womack Law Firmhttps://www.markwomacklaw.com/?p=471882024-01-17T14:32:44Z2017-07-10T13:31:17Z1. Age discrimination
Age discrimination can include not hiring, firing, not promoting or otherwise treating an employee negatively due to his or her age. Those over the age of 40 are protected by law.
Here's an example. If you have worked with a company for 20 years, are 43 years old, and your coworker has worked at the company for one year and is 24, you may think you have the promotion you want in the bag. When the 24-year-old employee receives it, you're in shock because you have much more experience. Later, you find out that the promotion was given to the younger person because he or she would be in the public eye, so the company wanted someone young. That's age discrimination.
2. Public policy exceptions
A public policy is something set by the state or federal government. If your employer violates it, then you have the right to file a wrongful termination claim. For instance, if you file a workers' compensation lawsuit and your employer fires you, you may have a claim.
3. Sexual harassment or discrimination
Sexual harassment can also lead to wrongful termination. For instance, if your employer wants you to perform sexual acts to keep your job, that's harassment and against the law. Likewise, if your employer fires you because you come out as homosexual, that is not allowed.
These are three wrongful termination situations that you may run into. If you're wrongfully terminated, you do have rights and options.]]>On Behalf of The Womack Law Firmhttps://www.markwomacklaw.com/?p=471982024-01-17T17:15:22Z2017-06-08T16:13:40Zunwelcome sexual advances or sexual conduct that results in a person's environment being offensive or hostile. It may also interfere with the person's work.
Sexual harassment is against the law. As an employee, you're protected against others harassing you, whether it's a coworker, client or boss. Both state and federal laws recognize sexual harassment as a kind of discrimination and protect you against it.
There are two main kinds of sexual harassment to look out for on the job. One is quid pro quo, and the other is a hostile work environment.
1. Quid pro quo harassment
A quid pro quo form of harassment is when a supervisor, boss or other person in a position of power demands others tolerate sexual harassment in order to obtain certain benefits, raises, or jobs. For example, if your boss tells you he'll give you a large raise if you sleep with him, that's a form of quid pro quo harassment.
2. The hostile work environment
A hostile work environment can be dangerous or simply annoying to workers. Perhaps you have a coworker who makes lewd comments about your appearance or you deal with unwanted sexual advanced during the workday from your boss. Your coworker might forward you an inappropriate sexual email, or you could face struggles due to your sex.
Whenever you face quid pro quo harassment or harassment in a hostile work environment, you have a right to start a case against your employer. The courts will seek out information on the kind of harassment you've faced. You'll want to have evidence of harassment if you can. For example, if you have text messages or emails from your boss or coworkers, this can help your case. Witness testimonies can also help.
Your attorney can help you put together your case, so you can fight back against sexual harassment. You deserve respect in the workplace.]]>On Behalf of The Womack Law Firmhttps://www.markwomacklaw.com/?p=471922024-01-17T16:52:55Z2017-04-06T15:50:21Zage discrimination.
Recognizing age discrimination is the first step in addressing it. It can happen in a number of ways. An applicant may not be hired due to being over 40, for example, because the employer prefers to have younger workers in the workplace. Another example would be if a person applied for a promotion but was turned down for a younger applicant with less experience.
Discrimination in the form of harassment is also forbidden under the ADEA. For example, calling a person an "oldie" in the workplace could end up causing an employer problems.
It is not discriminatory for employers to hire or promote younger workers if they meet the needs of the program and have the experience required for the role.
2. Why would an employer discriminate based on age.
Employers might discriminate based on age for a few reasons. Maybe the employer believes that the office appears more attractive with younger workers. Another reason could be that the employer wants to pay less to a new employee who is fresh out of school, for example, compared to an older employee who costs him more money to pay. Age discrimination can be hard to identify in some cases, because few people come out and say they are hiring a person or promoting that person based on age.
3. What should you do if you've been discriminated against?
If you feel you've been discriminated against at work, the first thing you may need to do is to reach out to your human resources department. If that doesn't help correct the problem, then your attorney can help you collect evidence to use in a claim against your employer. With the right support, you can make your claim clear, so a judge or jury sees the discrimination you've been through.]]>On Behalf of The Womack Law Firmhttps://www.markwomacklaw.com/?p=471912024-01-19T22:56:13Z2017-03-13T13:42:57Z#1: Even at-will situations don't allow for discriminatory firings
Employers can fire employees for many reasons. None of the allowable reasons include discriminatory behavior of any sort. An employer can't terminate you because of a disability, your gender, your age, your marital status or any other covered category. Getting a notification about the reason for the termination might help you. Terminations that are retaliatory in nature are also against the law.
#2: Proof might be hard to obtain
Proof of the wrongful termination might be difficult to obtain. Keep anything that you have legal access to that can show that you were the victim of wrongful termination. For example, positive evaluations from prior to the termination might help your claim. This is often the case for retaliatory termination.
#3: Factory workers must have a warning of layoffs in most casesPlant workers have a special protection when it comes to layoffs. You must receive notification of the layoff if the company meets certain requirements. One of these is that there are at least 100 employees who work more than 20 hours per week and those who have been there for at least six months. Layoffs that impact at least 50 workers require a 60-day notice.
#4: There is a deadline for getting you your final paycheck
Texas law stipulates that an employer must pay a terminated employee within six calendar days. This doesn't apply to employees who quit or resign. Those employees must get a final paycheck on the regular pay schedule. Employment contracts can impact certain types of final pay, including commissions. Be sure you understand all employment paperwork you sign when you are hired and at any point after.
#5: You might be able to keep your health insurance
You might be able to keep the health insurance you have for you and your family even if your employer terminates you. Your employer should give you information about Consolidated Omnibus Budget Reconciliation Act, or COBRA, coverage. You must pay premiums for this coverage. Without your income, this might prove difficult.]]>On Behalf of The Womack Law Firmhttps://www.markwomacklaw.com/?p=471902024-01-17T14:41:32Z2017-02-09T14:39:37Zsubtle signs of age discrimination include:
1. Asking for recent graduates
The EEOC has said that putting out job ads asking for recent college grads is illegal, but it still happens. Technically, the ads don't say that no one over 30 should apply - people do graduate in their 40s and 50s. However, it's still very clear that they're looking for people in their early or mid 20s, who just graduated from college. They're still targeting a specific age group, without saying it.
2. Assuming you don't know about technology
Some companies target younger people because they want them to be up-to-date with smartphones and other types of tech. However, all of that can be learned. It's dangerous to assume that someone knows nothing about tech just because he or she isn't young. But companies still do this, fair or not. You could miss out on a job that you're completely qualified for simply because they can't imagine - no matter what your resume tells them - that you're able to do it.
3. Talking about "cultural" fits
Sometimes, employers will turn you down for a job and say you're not a good cultural fit for the office. In short, if the office is full of 20-somethings and the occasional "older" worker in his or her 30s, they're saying you're too old. They're just not saying it directly. While companies undoubtedly have their own corporate cultures, they can't discriminate based on age. This is just as problematic as saying someone isn't a good cultural fit based on his or her ethnicity - something an employer would never do.
In short, companies will often try to hide age discrimination by making it look like something else. They talk about company culture, needing recent grads or wanting tech-savvy individuals because those are all ways to say, "We want to hire young people" without breaking age discrimination laws by coming out and saying it.
However, age discrimination is still illegal, no matter how they dress it up. If you can't get back into the workforce when you desperately need to because of discrimination, you must know your legal rights.]]>On Behalf of The Womack Law Firmhttps://www.markwomacklaw.com/?p=471892024-01-19T22:56:01Z2017-01-11T14:34:01ZNot all sexual harassment involves physical contact
Physical contact is one form of sexual harassment, but it isn't the only one. It is possible to be harassed by having to view sexually explicit materials or listen to sexually offensive jokes. Anything that is considered sexual in nature that isn't welcomed by you is considered sexual harassment in the workplace.
It doesn't matter how the sex-related content is shared. As long as it is unwelcome, and especially if you have made it very clear that this type of behavior isn't something that you want to endure, it is unacceptable.
Not all sexual harassment involves supervisors
Quid pro quo sexual harassment, which means "this for that," is one form that can occur. In this form of sexual harassment, a supervisor would tell you that you have to do sexual favors in exchange for a promotion or other favors at work.
This form of sexual harassment is common, but it isn't the only form. A co-worker, a vendor, or even a customer can sexually harass you. In some cases, the sexual harassment doesn't even have to occur at work. You could also be a victim of sexual harassment if a co-worker happens to email you sexually explicit materials or contacts you through other means, including Facebook, telephone, or additional methods.
Not all sexual harassment is from the opposite gender
It doesn't matter if your harasser is male or female or even if more than one person is sexually harassing you. A man who is subjected to crude sexual jokes by other men can be the victim of sexual harassment. In fact, even if you have to watch men with whom you work sexually harass a female co-worker, you could still be considered a victim of sexual harassment. Just because you weren't one being harassed doesn't mean that you aren't a victim.
If you think that you have been the victim of sexual harassment, you should look into the situation to determine what actions you can take.]]>On Behalf of The Womack Law Firmhttps://www.markwomacklaw.com/?p=472002024-01-17T17:21:56Z2016-12-14T17:18:55ZThe different categories of workplace harassment
Do you go to work every day and face the fear of being made fun of because of your weight, your skin color, or the way you walk? The first step in preventing and stopping workplace harassment is being able to identify it when it happens. Let's take a look at the various ways unlawful workplace harassment can manifest.
Racial, religious, sex and national origin harassment: This relates to harassment based on these categories. The Civil Rights Act of 1964 makes any kind of harassment illegal - be it verbal, physical or some other form - against workers due to their race, religion, sex or national origin.
Age: In some societies, getting older wins a worker more respect. In the United States, the opposite is often true. However, under the Age Discrimination in Employment Act, all Americans are protected from harassment on the basis of their age.
Disability: Disability harassment may be obvious. Someone might be made fun of because they are different and suffer from a permanently debilitating condition like blindness, paraplegia or missing limbs. This category of harassment, however, can also include harassment on the basis of someone's status as an obese person and other conditions.
Veteran status: Those who protected our country in the armed services should be given the utmost respect. However, "veteran status harassment" is something that many veterans are sadly forced to endure on the job. Veterans are protected from harassment under Title VII of the Civil Rights Act of 1964.
Marital status and sexual orientation: Depending on the situation, individuals can receive protection from harassment on the basis of their marital status and/or sexual orientation. Particularly now, as homosexual employees receive more protections from the law, this kind of abuse is being viewed more negatively by courts throughout the country.
Gender identification: In the past, transgender workers had to face the fear of discrimination and harassment if they expressed their gender identification on the job. Now, the legal climate is changing and these individuals may be able to seek legal protections if they are harassed or abused for their transgender status.
Stop workplace harassment now
The above list is by no means exhaustive. There are other forms of workplace harassment like harassment for one's political beliefs, criminal history, occupation and source of income, citizenship status, heritage and status as a smoker or nonsmoker.
The bottom line is, if you are being ridiculed or made fun of on the job, or if you feel like you're being bullied - verbally, physically or in any other way - state and federal employment law may be on your side. Victims of workplace harassment can and should seek legal protection, not only to make the bullying stop, but also to seek financial compensation for the pain, emotional turmoil and other financial damages the harassment has caused.]]>