Skilled Employment Law Attorneys in Longview, Texas

In Need of an Employment Law Lawyer?

At the Carlile Law Firm, LLP, our Longview employment lawyers understand Texas employment law cases are complex due to the intricate web of federal, state, and local regulations that govern the employer-employee relationship.

In addition to Texas being an “at will” employment state, complicating wrongful termination claims, the legal nuances in proving other claims, such as establishing a pattern of discrimination or a hostile work environment, require a deep understanding of legal precedents and procedural requirements. This is why our Gregg County employment law attorneys are here.

Longview is home to nearly 82,500 residents but the workplace of over 127,000 employees, according to the U.S. Bureau of Labor Statistics. As a major hub city for East Texas, large companies operating in Longview include Eastman, Trinity Rail, AAON Coil Products, Komatsu, Dollar General, and Old Navy/GAP.

Several colleges and universities in the area, including LeTourneau University, Kilgore College, and the University of Texas’s Longview University Center, operate under different federal employment laws when publicly operated like the latter two, which can differ from how similar issues are managed in corporate environments.

In addition, faculty and staff at colleges and universities often work under employment contracts that outline specific terms and conditions of employment, including tenure, promotion, and termination processes. These contracts can differ significantly from the at-will employment common in corporate settings.

If you are unsure where to turn after your workplace rights have been violated, contact our experienced Longview employment law attorneys to schedule a free consultation today. We help our clients navigate these complexities, ensuring they are fully protected and receive the justice they deserve.

What Constitutes a Hostile Work Environment in Texas?

A hostile work environment in Texas is defined as a workplace where an employee is subjected to unwelcome conduct based on protected characteristics, such as race, color, religion, sex, national origin, age, disability, or genetic information, that is severe or pervasive enough to create an intimidating, hostile, or offensive work environment.

To constitute a hostile work environment, the behavior must go beyond simple teasing, offhand comments, or isolated incidents unless these incidents are severe. This conduct must be such that it would cause a reasonable person to feel uncomfortable, intimidated, or unable to perform their job effectively.

Examples of conduct that could create a hostile work environment include:

• Harassment: Persistent or severe derogatory remarks, slurs, or jokes related to protected characteristics.
• Physical Assault: Any form of physical aggression or violence.
• Unwelcome Touching: Unwanted physical contact, such as touching, hugging, or patting.
• Display of Offensive Materials: Posting or sharing obscene or derogatory images, posters, or emails.
• Intimidation: Threats or actions intended to scare or coerce employees based on their protected characteristics.
• Sexual Harassment: Unwanted sexual advances, requests for sexual favors, or other verbal or physical harassment of a sexual nature.

For a work environment to be legally considered hostile, the conduct must be both subjectively abusive to the employee and objectively offensive, meaning that it would be offensive to a reasonable person in the same situation.

If you are being subjected to a hostile work environment, and your Texas employer has failed to take appropriate corrective action after being made aware of the problem, contact our experienced Longview employment law attorneys today. Addressing a hostile work environment often requires legal intervention to ensure your rights are protected, and the workplace becomes safe and respectful. We can help, starting with a free consultation.

How Do I Know If I Have a Retaliatory Discharge Case in Texas?

Retaliatory discharge in Texas refers to the unlawful termination of an employee in response to the employee engaging in a legally protected activity. In other words, it occurs when an employer fires, demotes, or takes other adverse actions against an employee because they exercised their legal rights or participated in activities protected by law, such as reporting illegal activity, filing a complaint about workplace discrimination, or participating in an investigation or lawsuit against the employer.

Here are vital factors to consider when determining whether you have a retaliatory discharge claim against your Texas employer:

• Protected Activity: You must have engaged in a legally protected activity. This could include reporting discrimination, harassment, wage violations, unsafe working conditions, or filing a workers’ compensation claim.
• Adverse Action: You suffered an adverse employment action, such as termination, demotion, a significant reduction in hours, or other negative employment consequences.
• Causal Connection: There must be a link between your protected activity and the adverse action. You were fired or faced negative consequences because of your protected actions. Evidence of this connection could include timing (if the adverse action occurred shortly after the protected activity), statements from supervisors, or a pattern of retaliatory behavior.
• Pretext for Termination: Employers may claim that your termination was for legitimate reasons unrelated to your protected activity. To have a case, you must demonstrate that the stated reason for your discharge is a pretext, or a cover-up, for retaliation. This can be shown by inconsistencies in the employer’s explanations, a history of positive performance reviews before the protected activity, or evidence that other employees who did not engage in the protected activity were treated more favorably.

If you believe these elements apply to your situation, consulting with our experienced employment attorneys in Longview is essential to your claim’s success. We can help you gather evidence, evaluate the strength of your case, and guide you through filing a claim or lawsuit against your employer, starting with a free consultation.

How Do I Prove My Texas Employer Violated the Fair Labor Standards Act?

The Fair Labor Standards Act (FLSA) is a federal law enacted in 1938 that establishes minimum wage, overtime pay, recordkeeping, and child labor standards for full-time and part-time workers in the private sector and in federal, state, and local governments.

Proving that your Texas employer violated the FLSA requires gathering evidence demonstrating the employer failed to comply with the Act’s requirements.

That may include:

• Document Your Hours Worked: Keep detailed records of all work hours, including start and end times, breaks, and any work done outside your regular shift. This can be crucial in proving overtime violations if your employer did not compensate you for hours worked beyond 40 in a workweek.
• Compare Your Pay Stubs to Hours Worked: Review your pay stubs to ensure you are paid at least the federal minimum wage, currently $7.25 per hour. Texas does not have its own minimum wage law but instead adopts the federal minimum wage rate by reference. Texas’s minimum wage will also increase if the federal minimum wage increases. Also, verify that you receive overtime pay at one and a half times your regular rate for any hours worked over 40 in a workweek.
• Collect Evidence of Unpaid Overtime or Minimum Wage Violations: Gather any documentation that shows you were not paid correctly. This could include emails, text messages, or work schedules that demonstrate you worked more hours than you were compensated for or were paid less than the minimum wage.
• Document Employer Policies or Practices: If your employer has a policy or practice that leads to FLSA violations, such as requiring employees to work off the clock, not allowing meal breaks, or altering time records, document these practices. Witness statements from co-workers who experienced the same issues can also be valuable.
• Recordkeeping Violations: The FLSA requires employers to keep accurate records of employees’ hours worked and wages paid. If your employer has failed to maintain these records or has falsified them, this can be evidence of a violation.

Our experienced Longview employment attorneys can help you gather the necessary evidence, advise you on the legal standards required to prove an FLSA violation and help determine whether your case should be filed with the U.S. Department of Labor or pursued as a private lawsuit.

Contact the Longview Employment Law Attorneys at the Carlile Law Firm for Help Today

At the Carlile Law Firm, LLP, our dedicated employment lawyers in Longview protect our fellow Texans from state and federal workplace violations by standing up for what is right and seeking the necessary legal remedies that make our clients whole again.

Contact our experienced Gregg County employment law attorneys today to discuss your case with trusted Longview, Texas community members and learn how we can use our over 100 combined years of experience to help you.