Dallas Employment Trial Lawyer Cassidy Monska

Summary: This blog explains the “cat’s paw” theory of liability in employment law, which allows an employee to hold an employer accountable when a biased supervisor influences an otherwise neutral decision‑maker to take adverse action.

One of the most frustrating things employees hear after being fired or disciplined is that the person who made the final decision “wasn’t biased.” Employers often rely on that fact to argue they cannot be held responsible for discrimination or retaliation. Employment law, however, recognizes that bias does not always sit at the top of the organizational chart. This is where the “cat’s paw” theory of liability comes into play.

The post The Cat’s Paw Theory: How Employer Bias Can Still Lead to Liability appeared first on Dallas Employment Lawyer Blog.

Dallas Employment Trial Lawyer Austin Campbell

Summary: This article discusses a recent Sixth Circuit decision, Bruce v. Adams & Reese, which held that the EFAA prohibits employers from splitting up a case that has claims other than sexual harassment/assault.  That is, if the case has claims exempted from arbitration under the EFAA, the whole case can go to court as one.

As previously discussed elsewhere in this blog, in 2022 the Biden administration signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) into law.  This law made it clear that employers were no longer allowed to force employees to “hide” any sexual harassment and assault claims in private, confidential arbitration (where typically the decisionmaker is paid by the employer) instead of being allowed to go to court.  This law was very important for workers because – beyond the fact employers could no longer conceal whether they had been sued for sexual harassment – in general arbitrations favor employers over employees.  The law thus let workers keep their cases in more favorable venues, the courts.

The post The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act means employers can’t break up cases, Sixth Circuit concludes appeared first on Dallas Employment Lawyer Blog.

Dallas Employment Trial Lawyer Riley Carter

In civil litigation, liability is only half the story. Even when a defendant is clearly at fault, the amount of damages recoverable by a plaintiff is often shaped by a less-discussed but critically important principle: the duty to mitigate damages.

Understanding this doctrine is essential for litigators, clients, and courts alike, because it limits recovery without excusing wrongdoing—and frequently becomes a battleground at trial.

The post What is the plaintiff’s duty to mitigate their damages and why is it necessary? appeared first on Dallas Employment Lawyer Blog.

Rachel Bethel Dallas
Trial Attorney

Although Texas is an “at-will employment” state, this doctrine has important limits, especially when it comes to your employee benefits.

Federal law protects workers from being targeted for their use of health insurance, retirement plans, and other benefits. That protection comes from ERISA, the Employee Retirement Income Security Act of 1974.

The post Understanding ERISA Discrimination and Retaliation appeared first on Dallas Employment Lawyer Blog.

Dallas Employment Trial Lawyer Ellie Johnston

You may have seen headlines saying the Equal Employment Opportunity Commission (EEOC) has “rescinded” its workplace harassment guidance, especially guidance relating to LGBTQ+ employees. If that raised alarm bells for you, you’re not alone. Many Texas employees are wondering: Does this mean harassment is suddenly okay? Did my protections disappear?

The short answer is no. But the longer answer matters and understanding what actually changed (and what didn’t) can help you protect yourself at work.

The post Did the EEOC Really Roll Back Workplace Protections? What Texas Employees Need to Know appeared first on Dallas Employment Lawyer Blog.

Dallas Employment Trial Lawyer Ellie Johnston

Around St. Patrick’s Day, conversations about drinking are everywhere. But when alcohol use becomes a medical issue, the legal questions are anything but lighthearted. Many Texas employees quietly ask the same thing: Can I lose my job for being an alcoholic?

The answer is more nuanced than most people realize – and it depends on what actually happened at work.

The post Can You Be Fired for Alcoholism in Texas? What Employees Need to Know appeared first on Dallas Employment Lawyer Blog.

Dallas Employment Trial Lawyer Cassidy Monska

Across the country, nurses are taking action in ways the public has not seen in years. News headlines often describe these strikes as pay disputes, but nurses consistently tell a different story. The real issue is safety. Unsafe staffing. Unsafe patient loads. Unsafe working conditions that place both patients and employees at risk. Nurses are speaking out because caring has become unsafe, and they are being pushed past the point where quiet endurance is possible.

For years, nurses were told that chronic staffing shortages were temporary. They were asked to hold on until the next hiring wave or the next budget cycle. Instead, the environment inside many hospitals has grown even more strained. Nurses are regularly responsible for more patients than they can safely manage. Overtime becomes the rule rather than the exception. Breaks disappear. New nurses leave the profession within months, and experienced nurses shoulder more responsibilities with fewer resources. Many report working entire shifts without time to chart properly, hydrate, or use the restroom. This is not sustainable for anyone, and it certainly is not safe.

The post When Caring Becomes Unsafe: Why Nurses Are Saying Enough is Enough appeared first on Dallas Employment Lawyer Blog.

Rachel Bethel Dallas
Trial Attorney

No one wants to discover that their employer is knowingly defrauding the government. That sounds frightening, both to discover it and to figure out what to do about it. You might feel torn between doing the right thing and protecting your livelihood. Fortunately, federal law provides a powerful tool for workers who take action and report fraud against taxpayer-funded programs.

The False Claims Act (FCA) is aimed at addressing fraud on the U.S. government, which is surprisingly rampant. It protects workers who blow the whistle as well.

The post My Employer is Defrauding the Government. Help! appeared first on Dallas Employment Lawyer Blog.

Dallas Employment Trial Lawyer Harjeen Zibari

It is February, and the holy month of Ramadan is about to begin for Muslims. Ramadan is one of the five pillars of Islam wherein a Muslim will fast from sunup to sundown. Yes, that includes not drinking water. And yes, there are exceptions, such as for those who are elderly, chronically ill, or pregnant. And in case you were curious, it moves up about two weeks every year because it follows the Islamic calendar, which is different than the Gregorian calendar that the international community uses.

The First Amendment guarantees the right to freedom of religion in the United States, meaning the government cannot persecute those in the United States for their religions, and Title VII of the Civil Rights Act of 1964 provides workers with protections against discrimination for their religion in the workplace. But what exactly are these protections?

The post Freedom of Religion in the Workplace appeared first on Dallas Employment Lawyer Blog.

Dallas Employment Trial Lawyer Austin Campbell

Summary: This blog briefly goes over the “adverse action” standard in Texas and some recent changes in the law in that area. It then focuses on the question of whether you should wait for an adverse action to happen before talking to a lawyer about your rights.

Roughly speaking, employment law in Texas is centered around what are called “adverse actions”: you can seek legal redress from your employer if you can identify some harm it caused to the terms or conditions of your employment.  Of course, that is separate from the critical question of why the employer did what it did, and whether that why was illegal.

The post What is an Adverse Action, and should I only talk to a lawyer after experiencing one? appeared first on Dallas Employment Lawyer Blog.