Employment FAQ

Are there laws that can protect me from discrimination in my place of employment?

Yes, there are many laws that do just that, and the number of lawsuits being filed is constantly increasing.  Discrimination based on such factors as age, disability, sex, pregnancy, race, gender, religion, color, and national origin is strictly prohibited by both state and federal statutes. There are a number of federal and state laws that directly address and prohibit discrimination and retaliation in the work place.

When should I file a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) or Texas Workforce Commission (TWC)?

The first thing you should do before filing a charge is to consider whether it may be a simple misunderstanding that you can easily clear up yourself, or something more serious that will take an attorney to resolve for you.  Discuss it with your employer; and document your discussion in a professional manner. If you are not satisfied with the response you receive from either the person you feel is discriminating against you, or his/her superior, you will want to contact an attorney or file a complaint with the appropriate government agency. Do so as quickly as possible because federal and state anti-discrimination laws give you a limited amount of time to file a charge of discrimination.

The deadlines for filing employment discrimination claims are narrow–180 days from the date of the discriminatory act under Texas law and 300 days under federal law. The 180 calendar day filing deadline is extended to 300 calendar days if your charge is dual filed with the EEOC and Texas Workforce Commission.

Your failure to take action within the appropriate deadlines will likely result in your claim being barred. Therefore, you should not wait to hire an attorney or take legal action if you intend to file a charge and subsequent claim.

Are there any other employment claims that I may pursue without filing a Charge of Discrimination?

Yes.  There are additional federal and state laws that have been implemented to protect you in the workplace if you believe that your employer has discriminated or retaliated against you in violation of your protected rights, including:

  • Filing or attempting to file a claim for workers’ compensation benefits
  • Terminating you for reporting and refusing to committ an illegal criminal act
  • Interfering or retaliating against you for pursuing your rights under the Family Medical Leave Act (FMLA)
  • Discriminating against you or failing to return you to your employment after your military service
  • Failing to pay you overtime wages in violation of the Fair Labor Standards Act (FLSA)

 

There may also be other tort law claims that may protect you from workplace injury, including assault and battery, negligence, fraud and negligent misrepresentation in employment, intentional infliction of emotional distress, and tortious interference with contract.

There are a number of laws that protect your rights in the workplace.  AI Legal Group will work tirelessly to obtain justice for you if you believe your rights have been violated based one of the claims discussed above.

Do I have to pay you upfront before you represent me?

Generally No. A majority of the cases we handle are on a contingency fee basis with our clients, which means you don’t pay litigation costs until you recover. We understand that many who have been injured cannot afford to pay the fees required to successfully pursue their claim and therefore we bare the initial cost of litigation.

When should I consult with an attorney about my potential claim?

Immediately. Consulting with an attorney before or when the employment violation occurs can help you understand your rights and how to preserve any claims you may have in the event of a termination.  Please contact us if you believe that you are being mistreated on the job or if you think your employer may terminate you in violation of your federal and/or state protected employment rights.   Often time, employees will unintentionally ruin their chances of successfully pursing their claims because they did not understand the procedures and steps necessary to protect their rights.

What Can I do to Help My Case?

Please remember to document every time a violation has occured and the substance of the violation.  Remember to gather and keep all documentary evidence you believe establishes an employment violation has occured before your employment separation.  Additionally, make an ongoing list of witnesses you believe may be able to support your case.