I often tell clients or potential clients that in an at-will state, like Texas, your employer can fire you for anything. They can, for example, fire because you wear a blue shirt to work. Well, the law firm of Elizabeth R. Wellborn, P.A. in Ft. Lauderdale did just that . . . almost. They fired
at will
Texas Employers Can Force Employees to Surrender the Right to Jury Trials
By Thomas J. Crane on
Posted in Litigation and trial practice
In a decision that makes little sense, the Texas Supreme Court has found that an employee can be forced to surrender his/her right to a jury trial. The employee, Steven Valdez, was told he had to sign the jury waiver provision. He was told that he would be fired if he did not sign it.
Officer Appeals His 17th Suspension
By Thomas J. Crane on
Posted in Employee handbook, Labor Law
In most private sector jobs, if you were suspended 17 times by your employer, you would be out of a job. But, Officer Lee Rakun is still appealing his latest suspension from the San Antonio Police Department. See San Antonio Express-News story. In fact, Officer Rakun received his first suspension within a year of…
It is not the Employer’s Fault if the Lab Makes a Mistake
By Thomas J. Crane on
Posted in Litigation and trial practice
Many employers require drug tests as a requirement for employment. But, few employers conduct the test themselves. Most employers contract out the actual drawing of the specimen and testing. Some laboratory will perform the test. Some employers will fire an employee for testing positive for a drug test. What happens if the lab makes…
An Employer can Fire an Employee for the Wrong Reason
By Thomas J. Crane on
Posted in General
I used to get referrals from the San Antonio Bar Association. These referrals included many clients who had never spoken to a lawyer anywhere. Many of them would call complaining basically about unfair treatment. I still get calls like that, sometimes. They might say, "my employer fired me because they claim I did not call…
The Best Plaintiff is the Reluctant Plaintiff
By Thomas J. Crane on
Posted in Discrimination
I talked a while back about how it can be hard to find a plaintiff lawyer for employment cases. How about those times when the plaintiff employment lawyer does not want your case? Harold Goldner, a plaintiff employment lawyer in Pennsylvania, talks about some cases he (and I) do not want to accept.
A…