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Texas

Employment Lawyer Network:
Texas

Michael W. Fox (Editor)

Texas Employment Law

Michael.Fox@OgletreeDeakins.com
(512) 344-4711

Click for Full Bio

Michael W. Fox, Esq., of Ogletree Deakins in Austin, has more than 30 years of experience representing employers. He has been Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization since 1980 and is a Fellow in the College of Labor and Employment Lawyers. He has been regularly listed in the Best Lawyers in America in Labor and Employment Law, as a Texas Monthly ’Super Lawyer’ in employment litigation.

Note exact date and time of firing decision

12/10/2019
If the employee brings up some form of discrimination to establish that she engaged in “protected activity” and claims the discharge was retaliation for her complaint, you can show that’s not possible because you made the decision before she complained.

Demonstrate good faith on wage claims by seeking advice from your attorney

12/10/2019
If you don’t pay overtime as required by the Fair Labor Standards Act, you may end up owing both back pay plus a penalty equal to the amount you owed. But that’s not all; it could get worse.

Yes, online arbitration agreements are binding

12/10/2019
Until recently, some employers worried that not getting a hard signature on a printed arbitration agreement might mean the contract wasn’t valid. That’s no longer a worry.

Halliburton settles charges of race, national origin bias

12/10/2019
Energy industry supplier Halliburton has agreed to settle charges it discriminated against two workers because of their national origin and religion.

Isolated comments don’t add up to harassment

12/05/2019
A few isolated comments of an arguably sexual nature aren’t enough to support a hostile work environment lawsuit. To make that case, an employee who quits and sues would have to show that a hypothetical reasonable employee would have done the same to escape the hostile environment.

Trying to encourage resignation can backfire

12/05/2019
Some supervisors mistakenly believe that it won’t have any consequences if they can convince an employee to quit. That’s not true.

Internal complaints not protected as ‘free speech’

11/18/2019
The Texas Constitution gives Texas public employees the right to free speech. Thus, a public employee who speaks out in public about a matter of public importance cannot be punished for doing so. However, that’s not true if the speech occurs at work.

Which word doesn’t belong when disciplining a pregnant employee? That’s right: pregnant!

11/18/2019
A little bit of caution goes a long way toward limiting charges of pregnancy-bias discrimination.

Federal contractor? You’re subject to False Claims Act

11/07/2019
The False Claims Act prohibits federal contractors from firing whistleblowers who report employer wrongdoing.

Best defense: Consistent rules universally enforced

11/07/2019
When an applicant or employee launches a lawsuit, courts naturally end up scrutinizing your organization and its processes. The best defense: Have consistent rules that you universally apply to everyone.