The Equal Employment Opportunity Commission (EEOC) Information on Employment Discriminatory Practices July 31, 2024 | Danny Wash If you want to read about the various ways that an employee is protected from employment discrimination and illegal employment termination, below is the link to the EEOC website which sets out the various protected categories for employees in their jobs. Click on this link: https://www.eeoc.gov/discrimination-type … Read More
Business Law December 15, 2023 | Wash & Thomas Attorneys Entity formation and re-structuring (corporations, LLC’s, limited partnerships) contractual document preparations related to the buying and selling of businesses, collections and general business advice!… Read More
Employment Agency Furnishing Employee Must Have Actual or Constructive Knowledge of Hostile Work Environment September 1, 2023 | Danny Wash The Fifth Circuit recently held in Arredondo v. Elwood Staffing Servs., No. 22-50502 (5th Cir. Aug. 25, 2023) that an employment agency furnishing employees to another company must have actual or constructive knowledge of the hostile work environment before it can be held liable for these actions. Plaintiffs are two women, Elwood Staffing Services, Inc.,… Read More
Partial Response to a Texas Citizens Participation Act (TCPA) Motion to Dismiss Sexual Harassment Case June 19, 2023 | Danny Wash The following is a portion of a brief in response to a Texas Citizens Participation Act Motion to Dismiss a common sexual harassment suit arguing that the new Texas Sexual Harassment Act TLC 21.141-2 applies to a TCPA motion. In response to the suit, _____, who apparently files a lot of these Texas Citizen Participation… Read More
EEOC Resolves Suit Alleging Black Employee Was Harassed and Fired Because of His Race and in Retaliation for Reporting the Harassment December 28, 2022 | Danny Wash HOUSTON – American Piping Inspection, Inc. (API), an Oklahoma-based testing and piping inspection services company, agreed to pay $250,000 and to provide other substantial equitable relief to resolve a discrimination and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today. According to the EEOC’s lawsuit, a Black radiographer… Read More
NLRB ADDS CONSEQUENTIAL DAMAGES AS ‘MAKE WHOLE’ DAMAGE REMEDY December 28, 2022 | Danny Wash On December 13, 2022, in a 3-2 decision, the National Labor Relations Board (NLRB or the Board) added consequential damages as a “make-whole” remedy for unfair labor practices, expanding the relief available to workers. Although employers that violated the National Labor Relations Act (NLRA) were traditionally required to pay make-whole remedies to employees, these remedies… Read More
Procuring-cause Doctrine- TX Supreme Court Opinion May 30, 2022 | Danny Wash Perthuis v. Baylor Miraca Genetics Laboratories, LLC, —S.W.3d—, (Tex. May 20, 2022) [21-0036] This breach-of-contract action addresses whether a former at-will employee was entitled to commissions on sales that closed after his termination. The parties disagree about the applicability of the procuring-cause doctrine, which the Court concluded governs their dispute. Respondent Baylor Miraca Genetics Laboratories,… Read More
Whistleblower Act Recent 2022 Opinion by TX Supreme Ct. May 27, 2022 | Danny Wash Texas Whistleblower Act City of Fort Worth v. Pridgen, —S.W.3d—, 2022 WL (Tex. May 27, 2022) [20-0700] This case concerns the proper interpretation of “good faith report of a violation of law” under the Texas Whistleblower Act. TEX. GOV’T CODE §§ 554.001–.010. Abdul Pridgen and Vance Keyes were veteran law enforcement officers employed by the… Read More
RECENT 5TH CIRCUIT & TEXAS EMPLOYMENT LAW CASES May 25, 2021 | Danny Wash Texas Tech Univ. Health Sciences Ctr.-El Paso v. Flores, 612 S.W.3d 299 (Tex. 2020) Age Discrimination- Prima Facie Case- Replacement This was an age discrimination case by an employee of a governmental entity, which requires proof of a prima facie case in order to establish jurisdiction and waiver of governmental immunity. Here the employee alleges… Read More
Texas Supreme Court Pounds Another Nail In the Coffin for Age Discrimination Cases November 21, 2020 | Danny Wash Based on the latest Texas Supreme Court case of Texas Tech Health Science Center-El Paso vs. Flores, No.19-0790, Opinion delivered November 11, 2020, a plaintiff, with an age discrimination case based on being replaced by another person, faces such a difficult task of establishing a prima facie case, that federal court is probably the better choice… Read More