Employment Lawyers Serving the El Paso Community
Employment Law in Texas is a combination of state and federal laws and regulations issued by several agencies at all levels of government. Needless to say, it’s complicated.
It is important that you have an experienced employment law attorney who understands all of the rules and regulations and how they apply to a variety of employment situations. The attorneys at Scherr Legate PLLC have decades of experience protecting employees against unscrupulous employers and illegal employment practices.
What Can’t Employers Do, Wrongful Termination, Discrimination, Retaliation
Employers cannot make job decisions based on race, color, religion, sex or national origin. Additionally, they cannot discriminate against you based on age, genetic information or disability. The phrase, “job decisions,” includes job listings, interviews, promotions, benefits, compensation and disciplinary actions, as examples.
Laws also protect workers against harassment, defined as unwelcome actions or statements based on certain traits like race or sex that can create a hostile or offensive working environment. If someone must endure this kind of harassment in order to keep his or her job, then the employer could be violating the law. If you complain to someone within the company or to a government agency, it is illegal for your employer to retaliate against you, by firing you, for example.
Texas law also prohibits employers from retaliating against employees who make worker’s compensation claims. Specifically, Texas Labor Code § 451 states that employers cannot fire employees who apply for or obtain workers’ comp benefits.
Employment Laws Also Apply to Wage and Hour Violations
Federal and state laws govern wage and hour standards. Employers must follow minimum wage, overtime and other wage-protection laws. Texas state law and federal law both mandate the same minimum wage levels.
Workplace Safety Laws Protect Employees
Here also, both federal and state laws protect workers and require employers to provide a safe working environment. Employers must provide safe and healthy working conditions and provide employees with proper safety equipment and training to do their jobs safely. Employees have the right to request OSHA (Occupational Health and Safety Administration) inspections if they believe that the employer is violating safety regulations.
Additionally, most employers in Texas must carry workers’ compensation insurance that covers medical treatment, vocational rehabilitation and other minimum benefits if you are injured on-the-job. To reiterate an earlier point, employees are protected from employer retaliation when those employees apply for workers’ compensation benefits.
Other laws and regulations govern paid leave, vacation time, sick days and holidays, paid time off. Employers may be required to provide unpaid time off for Family and Medical leave for caregiving and childbirth while continuing health benefits; military leave for training or service duty; jury duty and voting; terminating employees and unemployment benefits.
Discuss Your Employment Concern With Our Experienced Team Today
Contact us at 915-206-2828 if you have been unlawfully terminated from your job or you have faced discrimination, harassment or retaliation for reporting a violation. We can advise you on your rights options if you are facing any unlawful action related to your employment.