San Antonio Employment & Labor Law
Our firm has represented employers, employees, and licensed professionals for over 15 years. Are you currently employed but having trouble at work or need legal advice? For instance, perhaps you have a disability or serious medical condition, for which you need accommodations or time off. If so, you may have rights under the American’s with Disabilities Act (ADA) or the Family Medical Leave Act (FMLA). We can help you secure FMLA leave or accommodations under the ADA. You may also be receiving or eligible to apply for Short Term Disability (STD) or Long Term Disability (LTD). We can advise or help you apply for those benefits.
Or, perhaps you have been disciplined or treated unfairly. If so, you may have grievance rights or other protections from unfair or discriminatory treatment. For government employees, this may include the right to file a grievance or complaint or to a due process hearing. For both governmental and non-governmental employees, this may include filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC). If you need assistance with a grievance, complaint, or due process hearing, or in making an administrative complaint (such as filing a charge of discrimination with the EEOC or the TWC), we can assist you.
The firm also helps employees get compensation, wages, salary, bonuses, and other compensation or benefits, to which they may be entitled. Those matters include overtime violations, unpaid salary, bonus, or other compensation, breach of employment contract, and claims for other benefits of employment, such as unused paid vacation or Paid Time Off, retirement benefits, and insurance benefits (e.g., short term disability (STD) and long term disability (LTD)), among others. Additionally, we represent clients with claims arising under the Texas Payday Act, the Fair Labor Standards Act, COBRA (Consolidated Omnibus Budget Reconciliation Act), the Equal Pay Act, and the Lilly Ledbetter Fair Pay Act of 2009.
We also represent employees who have been wrongfully terminated or otherwise discriminated or retaliated against. Those actions include discrimination on the basis of race, color, sex, and national origin, disability, or genetic information. Such claims of discrimination may arise under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Genetic Information Nondiscrimination Act of 2008, and relevant state laws, namely Chapter 21 of the Texas Labor Code.
Likewise, if you have been discharged or otherwise retaliated against for taking Worker’s Comp leave or receiving Worker’s Comp benefits, or for taking FMLA leave, or for filing an EEOC complaint, or for opposing unlawful, discriminatory employment practices, we may also assist you in those actions. Further, the firm represents employees with respect to claims arising under the Employee Retirement Income Security Act (ERISA).
ERISA generally prohibits an employer from discriminating against a participant or beneficiary (1) in retaliation, for that person exercising rights to which he or she is entitled under an employee benefit plan or ERISA itself, or (2) for the purpose of interfering with the attainment of any right, to which that person may become entitled under the plan or ERISA itself. If you feel that your employer has violated ERISA, we may be able to assist you.
We also represent employees in whistleblower actions, pursuant to the Texas Whistleblower Act, Sarbanes-Oxley, and the Dodd-Frank Wall Street Reform and Consumer Protection Act, among others.
Additionally, our firm represents employees and others in a variety of licensing matters. If you are applying for a professional license, certification, or other licensure, or if allegations have been made against you that may affect your license, we can represent you. For instance, we represent mortgage brokers, loan officers, realtors (or real estate broker), and real estate agents before Texas Real Estate (TREC) Commission; nurses before the Texas Board of Nursing (BON); teachers before the Texas Education Agency (TEA) and the Commissioner of Education; and medical professionals in peer review, among others.
Finally, while the firm has primarily focused on representing employees (and licensed professionals), we have also advised small business owners on employment matters, as well. Our experience in the above matters can provide an invaluable prospective in advising employers as well.