Practice Areas

When you go to work, you trust that your employer will treat you fairly and follow the applicable laws. Unfortunately, that does not always happen. Sometimes employers discriminate on the basis of a job applicant or employee’s identity, instead of looking at their work performance or qualifications. Sometimes they try to cut corners in paying employees minimum wage and overtime. In other cases, they may not tell a government employee about special protections available to them under the law. At Rob Wiley, P.C., our Dallas employment lawyers handle litigation arising out of discrimination, wage law violations, leave issues, and rights specific to government employees.

Employment discrimination occurs when an employee is treated differently from other similar employees due to his or her membership in a protected class. The adverse treatment may take different forms, including a failure to hire, a failure to promote, disparate pay for the same work, and harassment. There are federal and state laws prohibiting employment discrimination. One important federal law is Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on national origin, religion, sex, race, and color. The Texas anti-discrimination law, like Title VII, requires companies with 15 or more employees not to discriminate on the basis of certain protected characteristics. You only have a limited time to take action under state and federal laws, so it is critical to consult an experienced attorney right away.

Fair pay issues include overtime pay, minimum wage, unpaid wages and commissions, alterations to benefits, unemployment benefits, equal pay for men and women, and issues related to tipped employees. Many workers are entitled to be paid minimum wage and overtime wages. There also are special rules for tipped employees. If you are a tipped employee, the total of your tips plus your hourly rate needs to be at least the minimum wage. You are eligible to be paid overtime, but the overtime calculation may be different than it is for other types of workers. Our employment attorneys can advise Dallas workers on whether they may be due unpaid wages from their employers.

Leave issues can arise in connection with family and medical leave, military leave, maternity and paternity leave, and medical leave for one’s own needs. One of the most commonly invoked leave laws is the federal Family and Medical Leave Act (FMLA), which gives eligible employees at covered companies the right to take leave to care for a sick parent, spouse, or child. In order to be eligible, you must have been employed for at least a year, you must have worked for 1,250 hours in the previous year, and your employer must have 50 employees who work within 75 miles of your job site. There are some exceptions, however, in connection with educational institutions and public agencies. Your employer is not allowed to retaliate against you for exercising your leave rights under the FMLA or under other applicable laws.

Government employees may face special concerns related to termination, discrimination, whistleblowing, and retaliation. They also have special protections, as our Dallas employment attorneys can explain. Federal employees who are fired or let go may be able to have the Merit Systems Protection Board (MSPB) review the decision. The MSPB has jurisdiction over removals, furloughs, demotions, suspensions, and terminations. When an employment decision was unfair, or the employer failed to follow the applicable procedural regulations, the MSPB may reverse an adverse decision.

Other employment issues can arise in connection with background checks, non-compete agreements, workplace defamation, constructive discharge, arbitration agreements, and wrongful termination. These issues can arise as a result of a statutory violation, or they can arise in connection with a breach of the employment contract. For example, federal and state laws permit employers to perform background checks on job applicants, including checks on their criminal, credit, and employment histories. However, employers that conduct background checks still need to comply with anti-discrimination laws, and they need to treat applicants equally when deciding to perform a background check.

It can be challenging to be a victim of discrimination, harassment, or inadequate pay in the workplace. You may be able to recover damages for your losses. Call us at (214) 528-6500 or complete our online form to find out more about how we can help you.