Are you facing unfair treatment at work? Do you believe your employer has violated your rights? At Wiley Wheeler, P.C., our Houston Employment Lawyers are dedicated to fiercely advocating for employees just like you. We understand the complexities of employment law and are committed to ensuring your rights are protected.
Our experienced attorneys, Robert J. Wiley and Kalandra N. Wheeler, are both Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, demonstrating our deep expertise and commitment to this field. We exclusively represent employees in disputes against their employers, fighting diligently in both state and federal courts, as well as before agencies such as the EEOC, the Department of Labor, and the Texas Workforce Commission.
We know that employment law cases can be challenging. That’s why you need a strong and knowledgeable Houston employment lawyer on your side. If you are seeking a law firm with proven experience and a tenacious approach, contact Wiley Wheeler, P.C. today. We offer confidential consultations to discuss your situation face-to-face with a skilled attorney.
Understanding Employment Discrimination in Houston
In Texas and across the United States, employment decisions should be based on your performance and qualifications, not on unlawful biases or prejudices. Employment discrimination occurs when an employer takes adverse actions against you because of your membership in a protected class. This can manifest in various forms, including wrongful failure to hire, denial of promotion, demotion, unequal pay, or unjust termination.
Both Texas state laws and federal legislation safeguard employees from discrimination based on race, color, religion, national origin, sex, disability, genetic information, and age. These critical protections are enshrined in the Texas Labor Code and federal laws such as Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race, sex, religion, national origin, and color. The Americans with Disabilities Act (ADA) further protects individuals with disabilities by mandating reasonable accommodations in the workplace and prohibiting discriminatory practices. Additionally, the Age Discrimination in Employment Act (ADEA) protects those 40 and older from age-based discrimination. For instance, if you are pressured to retire or face termination solely due to your age, a Houston employment lawyer at our firm can assess your case and help you pursue an age discrimination claim.
Addressing Sexual Harassment in Houston Workplaces
Sexual harassment is illegal under both the Texas Labor Code and Title VII of the Civil Rights Act of 1964. It’s important to recognize that sexual harassment can affect anyone, regardless of gender. It encompasses a wide range of unwelcome behaviors, from inappropriate comments, offensive gestures, and explicit images to unwanted touching, groping, and even sexual assault. Perpetrators can be supervisors, managers, coworkers, or even clients.
Quid pro quo harassment occurs when a person in authority leverages their power to demand sexual favors in exchange for job benefits, such as promotions or favorable work assignments. For example, a manager offering better shifts in exchange for sexual acts is a clear example of quid pro quo harassment. Hostile work environment harassment, on the other hand, arises from pervasive or severe harassment that creates an intimidating, offensive, or abusive work environment, fundamentally altering the conditions of your employment. If you are experiencing any form of sexual harassment, a Houston employment lawyer can advise you on your rights and legal options.
Combating Hostile Work Environments
While sexual harassment is a frequent type of hostile work environment, such environments can also stem from harassment based on other protected characteristics. Harassment creating a hostile work environment can be rooted in race, national origin, religion, disability, age, sexual orientation, gender identity, pregnancy, or military service. Imagine coworkers using racial slurs and leaving nooses at a Black employee’s desk – this would likely constitute a racially hostile work environment. Similarly, derogatory comments about someone’s disability or religious beliefs can create an illegal hostile work environment.
If you are facing bullying, ridicule, or harassment because of your protected characteristics, taking swift action is crucial. Consulting with a Houston employment lawyer at our firm as soon as possible is highly recommended. Hostile work environment claims can sometimes trigger retaliation, making it even more critical to have experienced legal counsel to guide you through the process and protect your interests.
Understanding Wrongful Termination in Texas
Texas operates under “at-will” employment, meaning employers generally have the right to terminate employees for any reason, or even no reason at all. However, this is not absolute. Terminating an employee for an illegal reason is unlawful. Both federal and state laws provide vital protections against wrongful termination.
For example, the Americans with Disabilities Act (ADA) prohibits termination based on disability. Title VII of the Civil Rights Act protects against termination based on race, color, religion, sex, or national origin. Furthermore, if you have an employment contract or collective bargaining agreement, your employer must adhere to its terms regarding termination. Contracts may stipulate specific employment durations or require “cause” for termination. These are just some examples of the safeguards employees have against wrongful termination. If you believe you have been wrongfully terminated, a Houston employment lawyer can evaluate your situation.
Fighting Back Against Retaliation
Retaliation occurs when an employer punishes an employee for engaging in legally protected activities. Both federal and Texas laws include anti-retaliation provisions to protect employees who assert their rights. Our Houston employment lawyers can assist you in pursuing a claim if your employer has retaliated against you for reporting discrimination, participating in an HR investigation, raising workplace safety concerns, filing a wage and hour claim, or engaging in other legally protected actions.
For instance, it is illegal under the ADA for an employer to retaliate against an employee for requesting a reasonable accommodation for a disability. Retaliation can take many forms, including being unfairly passed over for promotion, termination, or denial of bonuses. If you believe you are a victim of retaliation, seeking legal advice from a Houston employment lawyer is essential.
Recovering Unpaid Wages and Overtime
If you have not been paid all the wages you are owed, you may have grounds for a wage and hour claim. This can include failures to pay minimum wage, wage theft, or unpaid overtime. Wage theft can manifest in various ways, such as being paid for fewer hours than worked. Minimum wage violations can occur when employees are paid a daily rate that falls below the hourly minimum wage when calculated. Under the Fair Labor Standards Act (FLSA), non-exempt employees are entitled to overtime pay (time and a half) for all hours worked over 40 in a workweek. Misclassification as an independent contractor or being forced to work “off the clock” are common tactics employers use to avoid paying overtime. A knowledgeable Houston employment lawyer can assess your situation and determine the best course of action to recover your unpaid wages.
Understanding Leave and Benefits
Workers may need time off for family or medical reasons. The federal Family and Medical Leave Act (FMLA) allows eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons. These reasons include your own serious health condition, caring for a family member with a serious health condition, or the birth or adoption of a child. The FMLA also provides leave for employees whose family members are dealing with certain military deployments. To be eligible for FMLA leave, you must meet specific requirements, such as working for a covered employer for at least 1,250 hours in the 12 months prior to the leave request. If you have questions about your eligibility for leave or believe your FMLA rights have been violated, a Houston employment lawyer can provide guidance.
Contact Our Houston Employment Law Firm Today
If you are concerned about your workplace rights in Southeast Texas, including Harris, Montgomery, Brazoria, Fort Bend, and Galveston counties, don’t hesitate to contact our experienced Houston employment lawyers at Wiley Wheeler, P.C. Call us at (713) 337-1333 or reach out through our online form to schedule a confidential consultation. We are here to fight for you.
