Texas, like some 40 states, is an at-will state. That means an employer can fire an employee for any reason, so long as the reason is not discriminatory or in violation of the very few protected activities. Yet, some employees still think they can disrespect their employer. See the story about Charlie Sheen. He has
Discrimination
Guardsman Fired After Refusing Demotion
Some cases come close to home for every lawyer. For me, its cases involving Iraq and Afghanistan veterans. I served in Iraq 2005-06 as a Reserve officer. So, I have some familiarity with veteran issues. The stigma regarding PTSD is often overblown. In this case reported by WFAA in Dallas, a veteran suffered reprisal because…
Kerville Woman Files Suit for Sex Discrimination
A Kerrville woman was fired for sending a text message on a city-owned phone that was allegedly vulgar. Janet Holmes has filed suit claiming she was fired for conduct similar to that of male
employees who were not fired. See San Antonio Express News story. Plaintiff Holmes, a former administrative assistant was fired from…
San Antonio Jury Awards $263,000
A San Antonio man was awarded $263,000 in a religious discrimination lawsuit. Steven Hecht worked three years at Million Air San Antonio, a small plane servicing firm. Million Air would mix religion and business routinely. The owner, Mark Fessler, told Mr. Hecht to fire two employees because the Lord told Mr. Fessler they should be…
Questions Regarding Social Security Number Remain “Iffy”
In employment cases, the employer will always depose the plaintiff employee. The defense lawyer will ask a wide variety of questions, not necessarily directly related to whether discrimination occurred or not. They may ask for driver’s license numbers, acquaintances at work, out of work. In one disability case, the defense lawyer even asked a few questions…
Settling Discrimination Lawsuits is an Emotional Process
A colleague in Oregon agrees with my post that settling discrimination cases requires a client (employer and employee) to deal in reality. Joel Christiansen, who writes a nice blog on employment law, points out that emotional suffering can be supported by stories about missed mortgage payments. It helps to discuss and consider these emotional topics.
Even Singers Get Sued
Billy Ray Cyrus’ former road and farm manager has sued the country-western singer and his wife for age discrimination. The manager says Billy Ray said the manager was "old and dumb and don’t know anything about running a farm." Yea, comments about age are usually pretty good evidence of age discrimination. See report.
It…
Even the Best Employees Can Suffer Discrimination
The perception among some folks is that discrimination lawsuits are almost always frivolous. Some people believe discrimination could never happen to a good worker. One of my clients illustrates the fallacy of that belief.
Sue worked hard for her employer, a major employer in San Antonio. She thrived despite disabilities such as spina bifida…
EEOC Files Suit Regarding Credit Checks
Credit checks are becoming a discriminator in selecting job applicants. The Equal Employment Opportunity Commision has taken notice. The EEOC filed suit against Kaplan Higher Education Corporation. See report. Since 2008, Kaplan has rejected applicants based on their credit scores.
The issue for the EEOC is that relying on credit score will adversely…
Plaintiff Lawyers Sanctioned $378,000
Plaintiff attorneys are sanctioned almost $400,000 after their client made 868 changes to her deposition testimony. The dissent points out, however, that the attorneys sent the changes not to the court reporter but to the defense attorney. It is likely the attorneys wanted to make known the client’s apparent perjury.
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