Monthly Archives: April 2015

How to Identify a Good Wrongful Termination Mediator

No one wants to be engaged in a legal dispute over wrongful termination, and this is why parties on both sides may see the benefit to mediation. Mediation takes the conflict outside of court and empowers the parties to work together under the guidance of a neutral third party. Most of the time, this results in favorable agreements between the two parties at a reduced expense and time commitment. The resolution is often confidential. A good mediator knows the benefits of mediation and works hard to ensure that the parties get the maximum benefit of alternative dispute resolution. Rather than promoting arguments between the two parties, a mediator actually has no stake in the final agreement but helps both parties... Read More

The Basics of Employment Discrimination

There are protections in place for employees regarding discrimination in the workplace. Since the civil rights movement, state and federal governments have created and enacted a variety of laws that prohibit employers from discriminating against employees on the basis of membership in a protected class. Over time, the categories included in the protected class explanation have broadened. Currently, employers are forbidden from discriminating against an employee because of the employee’s race, religion, gender, or national origin under the Civil Rights Act of 1964. Employers cannot fire, discipline, deny training opportunities, refuse to hire, demote, pay less than other employees, harass, or refuse to promote employees simply because of their membership in one of these protected classes. An employee who feels... Read More

Why Does Employment at Will Matter for Wrongful Termination Cases?

Many employees may be familiar with wrongful termination in Texas, but they may not realize the specific behaviors that have to happen in order for a case to meet the grounds for wrongful termination. Since the majority of employment relationships across the country are at will, it is important to understand what this concept means and whether a case truly meets the qualifications for wrongful termination. “At will” means that the employer is well within its rights to terminate the employment contract at any time and for any reason. The only exceptions to this rule relate to several unlawful reasons for terminating an employee, such as violation of the federal or state’s discrimination laws. If an employer decides to end... Read More

Wrongful Termination and Sexual Harassment Complaints

An employer who may have reasonable cause to fire an employee should be especially careful taking any action when the employee has alleged sexual harassment or has already filed a sexual harassment complaint. While the majority of employers are well within their rights to fire an employee who is employed on an at will basis, a firing that appears to be connected to a sexual harassment complaint can put employers at higher risk. Laws on the state and federal level exist that protect employees who raise concerns about sexual harassment in the workplace. Firing an employee who has raised allegations of sexual harassment in the office could violate discrimination statutes. An employer is prohibited from discriminating or retaliating against an... Read More