Her story: “I work at a small convenient store outside of town.  I don’t know what to do.  I can’t quit my job; it took me forever to find a job that works with my schedule.  I am a single mother, and I have to take care of my child and I’m trying to finish school.  I need this job, but ever since I started working, the owner has been making inappropriate sexual comments and…

On December 18, 2020, I published a blog all about 42 U.S.C. § 1981 (“§ 1981” or “Section 1981”) claims.  I’m sure you remember it.  It was pretty great, if I do say so myself.   But just in case, very briefly, § 1981 prohibits race discrimination and retaliation in contracting, which includes employment contracts.  Further Section 1981 applies to at-will employment.  That is significant because it means that if employers or companies are not…

“The man who represents himself has a fool for a client.” Abraham Lincoln, often credited for authoring the epigraph for this paper, was a lawyer before he ever became the sixteenth President of the United States. The late President’s pithy statement is directed at those who choose to represent themselves in a court of law, and his message to such individuals is quite simple: do not do that. But why not? After all, hiring a…

For some workers, the application for unemployment compensation filed with the Texas Workforce Commission is an easy and seamless process.  They submit their application, they are granted benefits, and all is well.  Unfortunately, that is not the case for all employees seeking unemployment benefits. Many employees will find themselves being denied benefits and fighting with their former employers trying to convince TWC that they should be awarded benefits.  After the application for unemployment benefits is…

As the Texas Workforce Commission (TWC) begins moving through the backlog of unemployment appeals and through the sheer glut of unemployment claims, many claimants that were originally awarded unemployment claims are finding themselves being asked to repay that money. Often times through no fault of their own. Often times based on erroneous reasonings that are contrary to the TWC’s own established precedent. To make matters worse, since it is extremely difficult to contact a representative of…

After more than a year since the Covid-19 pandemic struck, many of us are finding that as we return to work, things are slightly off from what they once were. Several employers are requiring facemasks, social distancing, and heightened sanitation, to name just a few. And all for good cause as well. Employers want their employees returning to work, but presumably want to prevent the spread of the virus as well. In light of this,…