Discrimination in the workforce takes place in many forms. Often Employees don't know they are being harassed or discriminated against until its too late. In addition, employees are also scared of speaking about discriminatory conduct if fear being subject to retaliation in the workplace if they complain about being harassed or discriminated against. The attorneys here at Mendez Isaac Joudi, PLLC. are here to help should you be the victim of harassment or discriminatory conduct by your employer.
TYPES OF DISCRIMINATION INCLUDE:
Workers Compensation Retaliation
Race discrimination
National origin discrimination
Religious discrimination
Sex or Gender Discrimination
Age discrimination
Discrimination under the Family Medical Leave Act.
Discrimination against pregnant women
Discrimination for refusing to commit an illegal or unlawful act.
Disability discrimination which includes the employer’s unwillingness to make an accommodation for a disabled employee
Discrimination when you use, or request to use, employee benefits such as paid sick leave, family medical leave, short or long-term disability leave, health insurance, or retirement funds
Discrimination regarding your status as a member of the U.S. Military
Discrimination over your attempt to speak with co-workers about issues in the workplace, including pay
If you have been discriminated against, Mendez Isaac Joudi, PLLC. can help you find the justice you deserve. Our team has a comprehensive understanding of both State and Federal Employment laws to assist our clients through any type of employment matter.
WHAT TO EXPECT WHEN FILING A DISCRIMINATION SUIT
If you believe that they have been discriminated against in the workplace, you have every right to file an official complaint with the Equal Employment Opportunity Commission (EEOC) to the Texas Workforce Commission Civil Right Division. The Civil Rights Division conducts investigations and gathers information to determine if discriminatory conduct has occurred under the Texas Labor Code. While the EEOC investigates to see if there was discriminatory conduct under Federal law.
Both the EEOC and TWC's Civil Rights Division provide an avenue for current and former employees (or people who applied for employment) to file a complaint if they believe they have been discriminated against at work. Both the EEOC and TWC's Civil Rights Division are here there to assist you if you believe the treatment you received from the employer was because of your race, color, national origin, age, religion, sex, disability, or because of retaliation for participating and/or filing another discrimination complaint. The discriminatory conduct must have occurred with the last 180 days from the date you are submitting your complaint.
In the state of Texas, employees are considered to be working “at will”. This means that an employer can fire any employee at any time for any reason. However, in order to try to protect honest employees from illegitimate firing practices, wrongful termination laws have been established and can be enforced with legal representation.
Employers cannot make job decisions based on race, color, religion, sex, or national origin. Additionally, they cannot discriminate against you based on age, genetic information, or disability. The phrase, “job decisions,” includes job listings, interviews, promotions, benefits, compensation, and disciplinary actions, as examples.
Texas is an “employment at will” state. This means that an employer can legally fire an employee for any lawful reason at any time. However, if the employer fires their employee for an unlawful reason, this is called wrongful termination. These laws that protect workers against harassment, defined as unwelcome actions or statements based on certain traits like race or sex can create a hostile or offensive working environment. If an employee must endure this kind of harassment in order to keep his or her job, then the employer could be violating the law. If you complain to someone within the company or to a government agency, it is illegal for your employer to retaliate against you, by firing you (wrongful termination), for example.
Our El Paso employment law attorneys at Mendez Isaac Joudi understand the importance of standing up for the rights of the everyday worker. We are dedicated to matters that concern employees all across the state of Texas and New Mexico.
WRONGFUL TERMINATION MAY HAVE OCCURRED IF:
You are fired because of your national origin, gender, age, race, color, religion or disability. Often time you may be fired and have no idea why the termination occurred. It’s important o consult with an attorney to ensure your legal rights are protected. Call us for a free consultation at 915-444-1000
You are fired for reporting discrimination in the workplace.
You are fired after filing a workers’ compensation claim.
You are fired due to your medical condition.
You are fired because you need time off that is permitted by federal law, such as the Family Medical Leave Act (FMLA).
You are fired for serving on a jury.
You were fired for refusing to commit an illegal activity.
You are fired because you are an active-duty member of the military or are in training.
You work at a nursing home, mental health facility, hospital, or rehabilitation center and are fired for whistleblowing.
You are a government employee terminated for reporting illegal activity or whistleblowing.
You are fired for claiming overtime or not having your correct wages paid.
You are fired for reporting violations under the Sarbanes-Oxley Act, which pertains to accounting and securities.
If you have been terminated and are unsure why the El Paso employment lawyers at Mendez Isacc Joudi can help you fight for the justice you deserve. To discuss your unique circumstances, please call for a free consultation.
Under Texas labor Code § 451.001 an employer prohibits an employer from retaliating against an employee who makes a claim under worker's compensation. Texas Labor Code § 451.001 states that a person may not discharge or in any other manner discriminate against an employee because the employee has:
(1) filed a workers’ compensation claim in good faith;
(2) hired a lawyer to represent the employee in a claim;
(3) instituted or caused to be instituted in good faith a claim for workers’ compensation benefits; or
(4) testified or is about to testify in a proceeding for workers’ compensation benefits.
The Texas Legislature’s whole purpose in enacting section 451.001 of the Texas Labor Code was to protect people who are entitled to benefits under the workers’ compensation laws and to prevent employers from firing them for taking steps to collect benefits after they are injured.
In order for a worker’s compensation retaliation case to be successful, the employee must prove that “but for” the filing of the workers’ compensation claim the discharge would not have occurred when it did. The employee need not prove that retaliation was the sole cause of his or her termination. Rather, they must show that, “but for” the filing of the claim, the discharge would not have occurred when it did. Several nonexclusive factors have been recognized as circumstantial evidence sufficient to establish a causal link between filing a compensation claim and subsequent termination of employment, including:
(1) knowledge of the compensation claim by those making the decision on termination;
(2) expression of a negative attitude toward the employee’s injured condition;
(3) failure to adhere to established company policies;
(4) discriminatory treatment in comparison to similarly situated employees; and,
(5) evidence that the stated reason(s) for the discharge was (or were) false.
Should you feel you have been discriminated against or terminated after filing a worker’s compensation claim, please contact Mendez Isaac Joudi at 915-444-1000 or fill out our online form here.