Best Employment Lawyers in Dallas, TX

FAQs

• What is the non-emergency contact number for the local police station in Dallas, Texas?

  The Dallas Police Department's non-emergency phone number is 214-744-4444.

• Where can I get a copy of police reports for incidents related to my case in Dallas, Texas?

  To obtain a copy of a police report in Dallas, you are required to submit a written request. You have the option to either personally deliver the request or send it by mail to the Open Records Unit located at 1400 Botham Jean, Dallas, TX 75215. It is important to include your contact information (name, address, and telephone number) and provide specific details about the information you are requesting. If you need additional assistance, you can call 214-671-3343.

• Which work-related activity is protected from retaliation in the Dallas workplace?

  Employers in Dallas are forbidden from retaliating against employees who participate in "protected activity." Protected activity refers to instances where employees voice complaints, object to, or report cases of illegal employment discrimination. Employees must truly believe that the complaint actually violates workplace anti-discrimination laws in order for it to qualify as protected activity. Employees are also protected from retaliation even if they voice concerns about the unfair treatment of another employee.

• How do you calculate the rate of overtime pay in Dallas?

  Overtime pay in Dallas is calculated as 1.5 times an employee's regular pay rate. The usual procedure for calculating overtime does not apply when an employee receives extra pay on top of their hourly wage. The regular rate of pay encompasses not only the hourly rate but also most other non-discretionary payments like bonuses and commissions. To determine the regular rate, any extra compensation should be divided by the hours worked in the same period and added to the hourly rate. For instance, in a scenario where an employee worked for 45 hours and was granted a $450 bonus for that particular week, the employer is required to increase the employee's hourly rate by $10 (computed as the $450 bonus divided by 45 hours). This adjustment helps establish the employee's regular rate.

• What are some examples of compensation infractions by Dallas employers?

  Under the federal Fair Labor Standards Act, all hourly employees nationwide have the right to receive proper compensation for their working time. Employers who violate this law may face wage and hour claims. In Dallas, examples of compensation violations by employers include:

  • Failing to provide overtime pay
  • Violating federal wage laws through underpayment or improper payroll deductions
  • Insufficient pay for on-call or wait-time periods
  • Inadequate compensation for preparation time
  • Requiring employees to work off the clock

• What is the significance of promptly filing a complaint against your employer in Dallas?

  Employees in Dallas must promptly file accusations of discrimination regarding most discrimination, retaliation, and harassment claims to preserve their legal rights to bring claims against employers. These charges should be filed with the appropriate federal agency, the Equal Employment Opportunity Commission, and the corresponding state agency, such as the Texas Workforce Commission in Texas. It's important to note that claims of discrimination, retaliation, or harassment typically have a time limit. Events occurring more than 300 days before filing with the EEOC or 180 days before filing with the TWC are usually considered time-barred.

• What criteria must be met for a Dallas employee to potentially qualify for FMLA leave?

  Dallas employees may request leave under the Family and Medical Leave Act if they satisfy the following conditions:

  • Childbirth and post-birth bonding time
  • Bonding period for foster care or adoption placement
  • Serious illness affecting the employee's spouse, child, or parent
  • Employee's own serious medical condition
  • Military leave or deployment

  FMLA leave can be used all at once or spread out over the course of the year. While the FMLA protects employees' jobs during unpaid time off, it does not mandate employers to provide pay or back pay for lost time at work.

• What does an employment attorney do?

  Employment attorneys represent workers, companies, unions, and advocacy groups. Their primary job is preventing and resolving disputes related to state and federal employment regulations as well as civil rights. They assist with the development of policies, including laws and employee handbooks, and they represent clients in court and during administrative hearings overseen by the U.S. Equal Employment Opportunity Commission and state-level labor agencies.

• How much should I ask for in a discrimination lawsuit?

  Employment-related claims are among the most complex and time-consuming lawsuits heard in the civil court system. Before workers can file a lawsuit, they must file a claim with the U.S. Equal Employment Opportunity Commission. Every year, the EEOC recovers $505 million for victims of workplace discrimination. When cases proceed to court, the average settlement is approximately $40,000. However, roughly 10% of claimants receive at least $1 million.

• How do I prove discrimination in the workplace?

  Discrimination lawsuits are typically based on an established pattern of behavior in the workplace. Employment attorneys who handle these claims generally advise clients to gather evidence and document all instances of discrimination, harassment, or abuse, as they occur. The following documents are often vital for proving workplace discrimination:

  • Personnel files
  • Payroll records
  • Employee handbooks
  • Diary or journal entries
  • Medical or mental health records
  • Reports from witnesses
  • Photos or video footage
  • Physical evidence

  
  

• Can I sue my company for a hostile work environment?

  Yes, offensive or unwelcome conduct that creates a hostile work environment and affects your terms of employment may give you reason to take legal action. However, rude or abusive behavior on its own isn’t illegal. It must also be tied to other legal issues, such as retaliation for reporting harassment or discrimination directed at members of a protected group.

• What is the EEOC?

  The EEOC is the U.S. Equal Employment Opportunity Commission. It's a federal agency tasked with helping to enforce laws concerning discrimination in the workplace. Not all employers are covered under the EEOC. Typically, you have to work for an organization with at least 15 employees or for a labor union or agency to be covered by EEOC protections.

• How do I report an abusive boss?

  If you believe you're being discriminated against, you have several options. First, follow internal reporting procedures with human resources or other leadership. You can also file a charge of discrimination with the EEOC. Talking to an employment attorney can help you understand your options and protect your interests.

• What laws protect employees from job discrimination?

  • The Civil Rights Act of 1964 provides employees with protection against discrimination based on a wide variety of factors, including national origin, sex, religion, race, and color.
  • The Age Discrimination Act of 1967 applies age to the protected class.
  • The Equal Pay Act of 1963 forbids sex-based compensation discrimination.
  • The Rehabilitation Act of 1973 makes it illegal to discriminate on the grounds of disability in terms of employment decisions.
  • The Civil Rights Act of 1991 adds more protection and power to the federal government to enforce some of these laws.

• How do I file a wrongful termination claim?

  You can file a wrongful termination claim with the EEOC online, via mail, or in person at various EEOC branch offices. You may be able to file a complaint with a state agency. To determine an appropriate plan of action and which organizations you can file with, speak to an employment lawyer.

• What is unfair treatment at work?

  Unfair treatment is not the same as unlawful treatment. There aren't laws against unfair treatment, which can include a boss who generally bullies people into action or someone who doesn't make fair decisions about time off because of nepotism or mood. Such issues may not constitute a claim for a court argument or allegation, unlike unjust judgments made on the grounds of race or age. An employment attorney can clarify if unfair treatment is also unlawful.

• What are some workers\' rights related to injury and illness?

  Employees have a variety of rights related to time off if they're injured or fall ill. For example, in workplaces covered by the Federal Medical Leave Act, workers are allowed to take up to 12 weeks off without losing their position in a company. The leave is unpaid unless PTO time can be used to cover it. Employees may also have rights to file a workers' comp claim if they're injured on the job. All of these laws cover different situations and types of employers, and an employment attorney can help you understand what rights you have.

• Can an employer force you to work?

  This is a gray area in some cases, which is why it may be a good idea to consult an employment lawyer if you have concerns about your workplace. According to the Occupational Safety and Health Administration , workers have a right to refuse to work in dangerous situations. But the burden of proof that this is, in fact, the case, can weigh heavily on the employee.