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What Is “Retaliation” at Work?

The term “retaliation” has a limited definition in employment law.  To have a claim for retaliation, an employee must (1) make a report of discrimination to the company, (2) suffer an “material adverse action” by the employer, such as termination, and (3) prove that but for the report of discrimination, the employee would not have been […]

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You Don’t Have a “Right to Work” in Texas.

Clients sometimes ask, “Isn’t Texas a ‘right-to-work’ state, and, if so, how can my employer just terminate me?”  The term “right-to-work” refers to labor law that applies to a union/non-union situation.  In Texas and several other states, “right-to-work” means only that labor unions and employers cannot require employees’ membership, payment of union dues, or union fees as […]

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Employee or Contractor: Who Cares?

Employers, you certainly care.  If you misclassify a worker as a “contractor” when he/she is an employee, you can be subject to substantial penalties, taxes, or overtime pay.  You may prefer having contractors do the work because it can save money.  But you give up control of the details of how the contractors perform their […]

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Executives May Need Help.

Executives are “employees,” even at the level of CEO and In-House Counsel.  Their problems at times are similar to those experienced by employees at any level.  But executives have greater challenges. One challenge occurs when an executive considers a new position and negotiates the terms and conditions.  Executives carry much responsibility and can be liable in lawsuits […]

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