Best Employment Lawyers in Austin

FAQs

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

  Call 311 to report non-emergencies to the local police station in Austin.

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

  Get a copy of the police report related to an employment violation in Austin at the headquarters located at 715 E 8th Street. Reports cost $.10 per page. Alternatively, you may purchase one via https://services.austintexas.gov/police/reports/alt_search.cfm. Call the Report Sales Unit at (512) 974-5499 for further assistance. It operates on weekdays from 8:30 a.m. to 4 p.m.

• Do employees in Austin have the right to seek government intervention in the event of an unpaid wage case?

  Yes, employees in Austin have the right to seek government intervention in the event of an unpaid wage case. They may submit a wage claim form to the Wage and Hour Department of the Texas Workforce Commission, either through mail or online. Individuals have a maximum of 180 days from the date they were supposed to receive their salary to submit their claim for investigation.

• Can employees caught sleeping during work hours be terminated in Austin?

  Yes, employees caught sleeping during work hours can be terminated in Austin especially if the contract explicitly prohibits sleeping during work hours. However, the employer may offer an opportunity to provide an explanation and opt to impose alternative disciplinary measures, such as deducting pay for the time they were not working. For repeat offenses, the employer may suggest that the employee seek medical assistance. Failure to comply with advice could lead to termination.

• What should individuals do if they are harassed at work in Austin?

  If individuals are harassed at work in Austin, they should retain a comprehensive record of what happened. The document should contain the harassers' and witnesses' names, as well as the time and place of the occurrence. Maintaining good work ethics and performance is crucial. Additionally, people should refer to the company's employee handbook to review its policies and procedures for filing complaints. Consulting a lawyer is advisable to assert rights as an employee.

• If a family member who works in the military is called to duty, how many leaves can their immediate family members in Austin take?

  Under the Military Family Leave Law, if a family member who works in the military is called to duty, their immediate family members in Austin can take up to 12 weeks of leave. Additionally, if the person gets injured or sick while on duty, the relative is allowed to be on leave for a maximum of 26 weeks.

• What kind of information can former employees disclose if a potential employer conducts a background check in Austin?

  When a potential new employer conducts a background check in Austin, the former employee may disclose limited information like the reason the employee left the position. However, the company may merely communicate the reason for the termination if the employee was fired. Previous employers may also inform the investigator about the person's job performance and work ethic. They are not allowed to lie.

• 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.