WHY DID I GET FIRED? IT IS NOT FAIR!
When you meet someone, the first question you often hear is: “What do you do for a living?” We often define ourselves by the work we do. Loss of that job hits to the very heart of our self-worth, our feeling of belonging. It is traumatic.
Worse still, is when that loss of job or promotion has nothing to do with how good you are at what you do. If you are discriminated against - treated unfairly because of race, national origin, religion, age or disability – it makes you want to scream in frustration because of the injustice. It just is not fair! It may also be illegal.
If you are subjected to sexual advances or sexual harassment, it hurts your ability to make a living – to provide for your family. It is just not right! It may be illegal.
If you are working long hours and not being paid overtime pay, or being told that you must work off the clock, it is just not fair! It too may be illegal.
Charles H. Peckham is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. He has received an AV Rating under Martindale-Hubbell’s Peer Review RatingTM system - the highest rating they make. Charles H. Peckham is respected by other lawyers and trusted by clients. He has handled many high profile employment law cases that have been reported in the press through the United States, Europe and as far away as Australia.
One of Charles Peckham's cases recently resulted in an exposé on CNN’s Special Investigative Unit – The Noose.
As an experienced Employment Lawyer, Charles H. Peckham is a recognized expert in employment discrimination litigation and has established a reputation as one of the most effective employment discrimination lawyers in Texas and nationwide. Charles has written various articles and given numerous speeches and seminars in Employment Law.
Peckham, PLLC helps victims of discrimination and harassment with their loss of income and self-worth caused due to others' poor employment practices.
For Employers, Peckham, PLLC helps them with employee handbooks and employee training among other strategies to prevent the likelihood that their managers will treat employees improperly. Employees are the most expensive assets of any employer and enlightened employers work to treat their employees with respect.
Call Charles Peckham at 713-574-9044.
YOU CAN DO SOMETHING ABOUT IT!
Call me today if you need legal assistance in any of the following areas:
- Discrimination due to Race, Sex, Age, Disability, Religion or National Origin
- Sexual Harassment
- Employment Contracts
- Employment Law
- Wrongful Termination
- Overtime Pay
- Severance Agreements
- Trade Secret Agreements
- Non-Competition Agreements
- Administrative Law
YOU MUST MOVE QUICKLY!
In discrimination law, there are very short time limits for you to complain, to bring your complaint to the attention of the EEOC, and to file suit. In overtime pay claims, there are also short deadlines.
You need counsel now. There are administrative complaints that often need to be made. In some cases, suit must be filed to stop the clock – to preserve your ability to complain and receive damages. Call Peckham, PLLC at 713-574-9044.
SOME OF THE LAWS WE ARE TALKING ABOUT:
Federal and Texas discrimination law affords employees protection from several main types of discrimination:
- Age discrimination (40 or older)
- Sex discrimination
- Pregnancy discrimination
- Race and color discrimination
- National origin discrimination
- Religious discrimination
- Disability discrimination
- Discrimination against membership in the Armed Services; and
A strong discrimination case generally includes proof that the employer did not fire you because of your performance, but instead made derogatory comments directed at your protected class status. If those comments come from co-workers, it may or may not mean the employer had discriminated. However, if the supervisor or decision maker makes racial comments or improper comments due to your protected class, yours could be a good case.
Unlawful retaliation is one of the fasting growing forms of wrongful termination and, because it's easier to prove than unlawful discrimination, one of the biggest concerns for Texas employers.
Under federal and Texas law, an employer may not discharge or otherwise retaliate against an employee for, filing an EEOC or TWC charge of discrimination; participating in an EEOC or TWC investigation; reporting unlawful discrimination, harassment, or retaliation to an employer; participating in an employer's workplace discrimination or sexual harassment investigation; filing an unpaid overtime pay complaint with the U.S. Department of Labor; filing an overtime pay complaint with an employer; filing for or receiving Workers Compensation benefits; taking or intending to take maternity leave or other FMLA leave and refusing to perform an illegal act among some other limited matters.
Strong retaliation cases usually include evidence that the employer did not treat everyone equally, failed to observe its own company policies, or made derogatory or offensive comments directed at the employee's actions to protect themselves.
It is very dangerous for an employer to misclassify an employee's status, including penalties owed to the IRS and TWC for unpaid employment taxes, liability for back wages, liquidated damages for unpaid overtime, and liability for medical expenses which should have been covered under an employer's group health plan.
The Fair Labor Standards Act (FLSA) is the federal law that governs the payment of the minimum wage and overtime pay. All employees * including salaried employees * and often “independent contractors" are entitled to overtime pay equal to at least 1.5 times their regular rate for hours worked in excess of 40 in a workweek, unless specifically “exempt.”
Some employers try to cut costs by exploiting the facts that most employees don’t understand the law on overtime pay.
However, the penalties for violating an employee’s overtime rights, even if by accident, are tough.
If you regularly work more than 40 hours per week and do not get overtime pay or have been told you must work off the clock, you may be owed thousands of dollars in unpaid overtime plus penalties. An employee who brings a successful overtime pay lawsuit can recover his/her unpaid wages and liquidated damages. Liquidated damages are defined by the FLSA as being double the unpaid wages due to the employee. Thus, if you are awarded $5,000 in unpaid overtime wages, you may be entitled to get an additional $5,000 as liquidated damages, bringing your total recovery to $10,000. These damages essentially are awarded instead of lost interest.
If you win the case, the FLSA also requires the employer to reimburse you for your out-of-pocket litigation expenses and pay an additional attorneys' fee award.
Peckham, PLLC works with medium-sized and regional employers to address the challenges of managing their most expensive asset – their people. The array of federal and state employment laws and regulations are increasingly confusing.
You do not want to get that letter from the Texas Workforce Commission, U.S. Department of Labor, the Equal Employment Opportunity Commission or even a plaintiff lawyer.
Peckham, PLLC works with business owners and managers to help minimize the difficulties of managing their employees. We assist in handbooks, policies and procedures, internal investigations; and if it gets to that point, handling administrative actions, arbitrations and litigation.
Employers want to be fair. Employers take seriously the responsibility of their employee’s families’ well being. They key is to avoid costly employment law mistakes; to be thoughtful and to be fair. Peckham, PLLC can help.
For Houston Employment Law, Call Charles Peckham at 713-574-9044.