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January 2013 Archives

Texas woman says she was fired for taking approved FMLA leave

The federal Family Medical Leave Act is often associated with maternity leave here in Texas. However, FMLA leaves are available for many reasons in addition to pregnancy or the pregnancy of a spouse. Under this law, workers of covered employers may also take 12-weeks of leave annually for an adoption or foster placement, a medical emergency or serious health condition, or to care for a relative who is ill.

Teacher with phobia of kids sues district for discrimination

Under the Americans with Disabilities Act, Texas employers cannot discriminate against disabled workers. This means employers cannot treat disabled workers unfairly due to their disabilities. A part of this is the ADA requirement that employers must provide disabled workers with reasonable accommodations to remove unnecessary obstacles in employment.

Central Texas county accused of firing deputies over politics

Texas is an at-will employment state. This means that, in general, employees and employers can choose to end employment relationships at any time, as long as the termination does not violate a contract or statute. Factors that may make firing an employee illegal include things like discrimination, harassment and retaliation.

What employment rights do independent contractors have?

Many employment law disputes here in Houston stem from confusion about the classification of an employee. Employees have different rights than independent contractors, and while these differences are simple enough, they can become very complicated due to a number of factors. One issue is that workers who should legally be considered employees are often misclassified as contractors. Another issue applies to those who truly are contractors, and that is that they may have an employment relationship with two companies--one with a staffing company and another with the company for which they are actually completing work.

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Warren & Siurek, L.L.P.
3334 Richmond Avenue, Suite 100
Houston, TX 77098

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