The challenges of Employment
The attorneys at Alonso & de Leef, PLLC want to help you deal with the employment challenges you my face such as unpaid wages, failure to pay overtime, wrongful termination, discrimination, sexual harassment, and retaliation. Many of these claims have strict timeframes in which the employee must file suit and/or report the unlawful conduct to the Texas Workforce Commission and Equal Employment Opportunity Commission. Call us immediately for a free consultation if you feel your employer has violated any of your rights.
Unpaid Wages/Overtime Pay
You may be eligible for overtime pay at a rate of one and a half times your regular rate of pay if you work more than 40 hours in a workweek. Generally, your employer is responsible for paying you for all hours worked. If you are a non-management employee and you perform duties such as construction, clerical work, maintenance, or secretarial work, you are generally entitled to overtime pay.
Federal law determines which types of employees are exempted from this overtime requirement. Employers often misclassify their employees as ones who are not entitled to overtime, which is a violation of the law. You may be entitled to overtime pay if your employer misclassified you. Types of employees that are often misclassified include, but are not limited to, independent contractors and salaried employees.
Texas is an “at-will” employment state which means that your employer can terminate you for any non-discriminatory reason. Contact us if you feel you were terminated because of your age, gender/sex, race, disability, national origin, sexual orientation, color, or religion.
Employers in Texas cannot take adverse action against employees because of an employee’s protected characteristics. This means, generally, that your employer cannot demote, fail to promote, or constructively discharge you due to your age, gender/sex, race, disability, national origin, sexual orientation, color or religion.
Both men and women can be victims of sexual harassment, which is a violation of both federal and state law. Sexual harassment includes, but is not limited to, unwelcomed verbal and physical conduct or threats/demands to submit to sexual requests as a condition of continued employment or offers of benefits.
Your employer, generally, cannot take any adverse action against you for asserting any of your rights listed above. You are free to exercise your rights under the law without your employer retaliating against you for doing so.