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October 2010 Archives

Mainland Tool Employee Sues For Wrongful Termination

Diane Burnett claims that she was fired from her position at Mainland Tool in Galveston County after she refused to participate in illegal activity. Now, the woman has an employment lawyer and has filed a lawsuit seeking monetary damages.

The Southeast Texas Record reports that Diane Burnett saw that Mainland Tool was stealing from its costumers by not refunding invoices that were overpaid. The suit claims that more than 15 clients of the company were due large refunds or future credit. Diane Burnett then allegedly told the owner of Mainland Tool that she would not help him steal from clients. The woman was then terminated from Mainland Tool and claims that the owner even threatened her by saying that she would be arrested.

No Texas Law On Workplace Discrimination Against Overweight

Yahoo News reports that overweight women could be suffering from discrimination in the workplace and they may not even know it. Research shows that obese women earn about 6 percent less than thinner women for doing exactly the same work. The employment discrimination against obese women is also three times greater than that of obese men.

While it might not be fair to pay somebody lower wages because of their weight class, the practice is not exactly illegal in the state of Texas. In fact, weight discrimination in employment is not illegal in most U.S. states. According to Yahoo, Michigan is the only state with an anti-weight discrimination statute and there is no federal law to protect workers that are obese or overweight.

Are Employment Credit Checks A Form of Racial Discrimination?

It's common for employers in Texas to do credit checks on job applicants, as credit scores can be a factor in job eligibility. However, the U.S. Equal Employment Opportunity Commission recently held a hearing and heard concerns about the use of employment credit checks as a selection criteria in employment.

The Wall Street Journal reports that people opposed to checking credit in the hiring of applicants cite studies showing that African-Americans and Latinos tend to have lower credit scores. Hence, they say that employment credit checks discriminate against African American and Latinos applicants. Opponents of the practice also question whether credit reports are an accurate way to measure an employee's qualifications, especially since credit reports sometimes contain errors and incomplete information.

October is National Disability Employment Awareness Month

The U.S. Department of Labor reports that October is National Disability Employment Awareness Month (NDEAM), a perfect time for employees to learn their rights under the Americans with Disabilities Act. The purpose of NDEAM is to increase the public's awareness of the contributions and skills of American workers with disabilities.

President Barack Obama recognized NDEAM earlier this month in a proclamation. The President stated, "We also know we are stronger when our country and economy can benefit from the skills and talents of all our citizens. No individual in our Nation should face unnecessary barriers to success, and no American with a disability should be limited in his or her desire to work."

Lead Dentist At Smile Brands Accused of Sexual Harassment

Sexual harassment in the workplace can lead to serious problems for a company, including an expensive lawsuit. The Fort Worth Star-Telegram reports that a discrimination suit was filed by the U.S. Equal Employment Opportunity Commission after accusations were made that a Burleson dentist sexually touched two employees at his practice.

Debt Consultant Sues Employer For Unpaid Overtime Wages

One of the most common reasons for a person to hire a Houston employment lawyer is because of a dispute over wages, in particular unpaid overtime wages. The Southeast Texas Record reports that a former debt collector is now suing his former employer CreditAnswers on behalf of a proposed class for not paying overtime wages when he and other debt consultants routinely worked more than 40 hours per week.

Nacogdoches Bus Driver Claims FMLA Violation

A Nacogdoches school bus driver has filed a lawsuit against her former employer, claiming that she was discriminated against and that the Nacogdoches Independent School District violated the Family Medical Leave Act (FMLA). The Southeast Texas Record reports that the Equal Employment Opportunity Commission got involved in her case earlier this year, which resulted with the school district agreeing to rehire the bus driver Angela Harless. However, Angela Harless claims that the defendant did not follow through with the agreement and still refuses to hire her.

Worker Claims He was Fired For Filing Workers' Comp Claim

Through workers' compensation, an employee is often entitled to receive certain benefits when he or she suffers from an occupational disease or accidental personal injury arising out of and in the course of employment. FindLaw states that it is illegal for an employer to retaliate against an employee for filing a workers' compensation claim. In Texas, an employer is also prohibited from telling an employee not to file a workers' compensation claim. Any employee that is terminated or retaliated against should contact a Houston employment lawyer to learn more information on filing a lawsuit.

Proving Age Discrimination In An Employment Law Case

The federal Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employers and applicants who are 40 years of age and older based on their age. Yet if you experience age discrimination in the workplace, it could be difficult to prove your case in court. Hence, many employees wonder: Is it worth suing for age discrimination?

SmartMoney.com reports that the U.S. Equal Employment Opportunity Commission (EEOC) only takes a handful of cases to court and that most people must hire their own employment lawyer if they want to file an age discrimination suit. The rewards of winning an age discrimination lawsuit can be well worth the cost of a Houston employment lawyer, but even attorneys say that it can be difficult to prove an age discrimination claim.

Woman Claims Job Loss After Taking FMLA Leave

Under the Family Medical Leave Act of 1993, a covered employee has the right to take up to 12 weeks of leave to handle a serious health condition or to take care of a family member, according to FindLaw. Violations of this law can lead to expensive lawsuits for the employer.

The Southeast Texas Record reports that a Denton County resident filed a lawsuit against Automotive Operations, which was doing business as Pat Lobb Toyota of McKinney, alleging retaliation in violation of the Texas Labor code and violations of FMLA. As a car title administrator for the company, Krista M. Boggs reportedly requested a 30-day leave from her job to care for her husband who was suffering from diabetes complications. She later requested an additional four weeks of leave to care for her husband.

Employee of Advance Construction Service Files Sexual Harassment Suit

Sexual harassment in the workplace is no laughing matter, especially when legal action is taken as a result of such harassment.

The Southeast Texas Record reports that a female employee of Advance Construction Service Inc. filed a lawsuit in the Texarkana Division of the Eastern District of Texas, alleging that she was a victim of sexual harassment and a hostile work environment. The plaintiff, Sheria Matz, is now reportedly seeking damages for lost wages, damages to mental anguish, emotional distress, loss of enjoyment of life, interference with personal relationships, physical illnesses and other physical problems, attorney fees and costs.

A former assistant store manager at a Palm Beach Tan salon has filed a federal class action lawsuit against the company, alleging that the company has failed to pay its employees overtime wages. The Southeast Texas Record reports that the suit was filed in the Eastern District of Texas, Sherman Division and that the suit accuses the tanning salon chain of misclassifying some employees as exempt from overtime pay.

Female Managers Still Receive Less Pay Than Male Managers

In the 21st century, it may seem like women have more rights in the workplace than ever before. However, a report by the U.S. Government Accountability Office states that female managers in the United States are paid only 81 cents for every dollar earned by male managers.

According to Reuters, the wage gap between men and women has narrowed slightly as women managers were only making only 79 cents for each man's dollar in the year 2000. The median salary for female managers in 2007 was $52,000, compared to $75,000 for male managers.