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G. Scott Fiddler has been named by Texas Super Lawyers magazine as one of the top attorneys in Texas for the fifth consecutive year. Texas Super Lawyers’ insert is featured in Texas Monthly magazine. Only five percent of the lawyers in the state are named by Super Lawyers, and the selection is made as a result of a rigorous multi-phase selection process that includes, among other things, a [...]
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I’ve consulted with a lot of employees over the years. I’ve consulted with employees who complained to their employers about discrimination, sexual harassment, disparate pay treatment, incompetent and abusive managers and hostile work environments. Sometimes complaining was the right thing to do; sometimes the complaint shouldn’t have been made. But the one complaint that you [...]
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G. Scott Fiddler was recently named to H Texas Magazine’s “Top Lawyers” list for 2011 in the field of Employment Litigation. H Texas Magazine describes the Top Lawyers recognition as reserved for the “top 2% of lawyers that have been voted and recognized as the best in Houston.” This is the fourth year in row [...]
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I often get asked by potential clients if it’s okay for them to record conversations at work to help prove their case. In Texas, recording is legal so long as one party to the conversation knows it’s being recorded. That means as long as you are a party to the conversation you can record it [...]
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It’s obviously not a good thing to be the victim of retaliation. If you are, however, it may be helpful to know what factors make for a good retaliation claim, meaning one you are more likely to win. Here are some things to look for: 1. Temporal Proximity Between Protected Conduct and Termination. Courts look [...]
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Employers have good reason to fear retaliation claims and plaintiff’s attorneys good reason to like them. Title VII of the Civil Rights Act makes it illegal to discriminate against an individual because of race, color, national origin, religion and sex. However, the best claims from an individual’s perspective are found in the section of Title [...]
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Earlier this year, in the case, Thompson v. North American Stainless, L.P., 131 S.Ct. 863 (2011), the United States Supreme Court interpreted the anti-retaliation provisions of Title VII of the Civil Rights Act of 1964 (“Title VII”), a statute that, among other things, protects employees from retaliation for making complaints of racial, religious, national origin and [...]
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On January 4, 2011, President Obama signed into law the FDA Food Safety Modernization Act (the “Act”). This Act amends the Federal Food, Drug, and Cosmetic Act (“FFDCA”) with the stated purpose of improving food safety “from farm to table.” Section 402 of the Act provides broad whistleblower protection for employees engaged in the manufacture, [...]
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Over the years of representing employees in disputes with their employers, I’ve noticed employees share many of the same misconceptions about the function of human resources. Unfortunately, these misconceptions often lead employees down a path that compromises their career or leads to their termination. Here are 3 general rules you should know before complaining to [...]
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The Texas Payday Law-Chapter 61 of the Texas Labor Code-was designed to provide individuals with a quick efficient way to collect wages due them without having to hire a lawyer or get involved in protracted litigation. However, what was designed as an additional remedy for employees stiffed by their employers has become an additional defense [...]
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