Employer and labor contracts are some of the most diverse and complex arrangements made. Throughout the country's history, labor law has changed significantly to ensure that employees are treated fairly and equitably. When there is a breach of contract or failure on the part of an employer to treat you fairly, civil action to remedy the problem is your right. An experienced employment lawyer can help ensure that your case is filed and equitably settled in any number of disputes with your employer.
Protecting Against Wrongful Termination
Texas is an "at-will" state when it comes to employment law. This means that unless specifically enumerated in a contract, either party can terminate the contract for any reason, or for no reason, with or without prior notice. While this arrangement protects employers in many cases, it does not allow them to terminate you for the following reasons:
- Gender discrimination
- Age discrimination
- Acting as a whistleblower
If you were terminated because of discrimination or because you turned in your employer for illegal activity (referred to as whistleblower or qui tam suits), you need an employment lawyer to help file a claim and restore your job and reputation.
Contractual relations between an employee and employer may override an at-will condition of employment. If there is a breach of contract regarding termination, civil action is possible.
ERISA Employee Benefits
The Employee Retirement Income Security Act , ERISA, is a federal act to protect employees concerning their benefits and retirement plans. Employers must follow strict guidelines regarding disclosing and administering employee benefits. An employment lawyer can help you with issues pertaining to:
- Retirement plans including 401k, pensions, and lump sum buyouts
- Severance pay
- Disability benefits
- Insurance
- Stock plans
- Medical leave
An employment lawyer will help ensure that you get the benefits that were promised to you by your employer.
Workplace Injury
Regardless of the type of work that you perform, there are occupational hazards. Most employers cover workplace injuries through the Texas Workers’ Compensation program. An employment attorney can help you obtain fair and just compensation when your employer fails to cover you adequately. Common workplace injuries include:
- Transportation injury
- Repetitive motion injury
- Construction accidents
- Exposure to dangerous products or material
- Violent acts that occur at work
Employers are responsible for the safety of their employees. Failure to ensure safety may make them liable if you are injured or killed at work. Workers’ Compensation covers medical expenses related to a work-based injury.
