Best Employment Lawyers in Lubbock

FAQs

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

  For non-emergency situations, contact 806-775-2865 to reach the Lubbock police station.

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

  Incident reports can be obtained from the Lubbock Police Department, located at 916 Texas Ave, Lubbock, TX 79401. To request a digital copy, visit: http://www.policereports.ci.lubbock.tx.us/.

• Who is exempted from earning overtime pay in Lubbock?

  In Lubbock, several types of essential professionals, like police officers, television workers, firefighters, motor carriers, and hospital employees, are not eligible to receive overtime pay according to the Fair Labor Standards Act. Certain types of transportation laborers, agricultural workers, and delivery drivers are exempted from pursuing an unpaid overtime lawsuit. Some independent contractors, commission-based employees, workers covered by collective bargaining agreements, and those who work in dealerships are also not covered by the Lubbock overtime law.

• What is the statute of limitations for filing an unpaid wages claim in Lubbock?

  Under the Texas Payday Act, Lubbock employees must file their unpaid wages lawsuit within 180 days from the last earned wages. According to the Fair Labor Standards Act, they're given two years to pursue their claim, starting from the employer's violation date. However, this may extend to three years if the violation was intentional. If the unpaid wage lawsuit results from the employer's negligent behavior, a Lubbock worker will receive compensation for liquidated damages and incurred bills, like attorney's fees.

• What statutes protect a Lubbock whistleblower from the healthcare industry?

  Lubbock whistleblowers from the healthcare industry, including those who work in mental health facilities and treatment centers, are protected under the Texas Nursing Practice Act, Occ. Code Section 301.352 and Section 301.4025. It contains the right of healthcare employees to pursue a claim if they are discriminated against, suspended, terminated, or retaliated because they are whistleblowers. Whistleblowers from the healthcare sector are also protected under the laws in Chapter 161 of the Texas Health and Safety Code and Health & Safety Code Section 257.003.

• How does a Lubbock employment lawyer help businesses facing disputes?

  Employment lawyers in Lubbock can represent businesses facing various employment issues, including sexual harassment claims, wrongful termination, wage and hour disputes, and discrimination allegations, before the U.S. Occupational Safety and Health Administration, the Texas Workforce Commission, and the U.S. Equal Employment Opportunity Commission. They can also assist them in reviewing policies, practices, contracts, and non-compete and nondisclosure agreements to prevent litigation.

• How can you determine if a Lubbock commission sales employee is not eligible for overtime pay?

  According to the Department of Labor's Regulations, Lubbock commission sales employees who work from a physical location and their employer's business sell goods to the end consumer are not eligible for overtime pay. Their regular rate must exceed one-and-one-half times the lawful minimum wage for every hour worked each week. Lubbock employees are also not entitled to overtime pay if over half of their compensation consists of commission.

• 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.