Texas employers must navigate a wide range of state and federal employment laws while managing the everyday challenges that come with running a business. Disagreements over wages, workplace policies, discrimination, termination, leave, and other employment matters can develop into employee disputes and potentially expose employers to administrative complaints or litigation.
Employee disputes can be costly, but a preventive approach can save your business from expensive employment disputes. Sul Lee Law Firm PLLC can help you minimize employment claims, whether you are already dealing with an employment dispute or want to minimize future liability.
How Do Employee Disputes Occur?
Employee conflict is a natural part of working in a collaborative environment. As an employer, you oversee your team’s workflow and help establish clear expectations, consistent policies, and appropriate procedures for addressing workplace concerns.
Employee disputes can arise for several reasons, including:
- Wrongful termination allegations
- Workplace discrimination based on protected characteristics such as race, color, religion, sex, national origin, age, disability, or genetic information
- Sexual harassment and other forms of unlawful workplace harassment
- Disputes involving discipline, demotion, or workplace statements
- Breach of an employment contract
- Workplace retaliation
- Hostile work environment allegations
- Disputes involving the Family and Medical Leave Act (FMLA)
- Wage and overtime disputes
- Employee classification issues
Not every workplace disagreement creates legal liability. However, employers should take complaints seriously and evaluate whether the dispute involves rights protected by state or federal employment law.
What Can You Do to Prevent Employee Disputes?
Auditing your employment practices regularly can help prevent costly employment disputes. During this process, an employment attorney with Sul Lee Law Firm PLLC can audit your employment practices and identify potential areas of legal risk.
Additionally, we can suggest policies and procedures that benefit from being implemented or updated. Employers can also reduce the risk of disputes by maintaining accurate employment records, training managers, consistently applying workplace policies, documenting disciplinary actions, and establishing clear procedures for employees to report complaints.
Responding to EEOC and TWC Complaints
An employee may file a charge of employment discrimination with the Equal Employment Opportunity Commission (EEOC).
When an employer receives notice of an EEOC charge, responding promptly and preserving relevant employment records can be critical. Legal counsel can assist with investigating the allegations, preparing the employer’s response, and navigating the administrative process. Employers can learn more about responding to a complaint with the EEOC.
Employers may also encounter claims involving the Texas Workforce Commission. The TWC administers several employment-related programs in Texas, including unemployment benefits and state wage claims. An employment attorney can help employers prepare documentation and respond to TWC proceedings and complaints.
Employment Law in Texas
Texas employers are subject to both state and federal employment laws. Federal law prohibits covered employers from discriminating based on protected characteristics, and Title VII’s prohibition against discrimination “because of sex” includes discrimination based on sexual orientation and gender identity. Texas employers may also be subject to additional state and local employment requirements depending on their location and workforce.
Workers’ compensation, workplace discrimination, overtime, unemployment benefits, wage claims, employee leave, workplace safety, and more fall under the umbrella of employment law.
Issues Affecting Texas Employment Law
Texas is known for its “at-will” employment policy. It is common for employees to work under an at-will employment relationship. Generally, at-will employment means either the employer or employee may end the employment relationship at any time, with or without cause, subject to important legal exceptions.
At-will employment does not permit an employer to terminate an employee for an unlawful reason, such as prohibited discrimination or retaliation. Contracts and other legal obligations may also limit an employer’s ability to terminate an employee. If an employer fires an employee for an illegal reason, it can lead to a wrongful termination claim.
Our Dallas employment lawyer at Sul Lee Law Firm PLLC can help you evaluate the legal risks involved in terminating an employee and develop appropriate termination procedures. Even if a wrongful termination claim has already been filed, legal counsel can help your business respond to government agencies, administrative proceedings, and litigation..
Employee vs. Independent Contractor in Texas
Employers are responsible for classifying workers correctly. The Texas Workforce Commission (TWC) and the Internal Revenue Service (IRS) apply their respective standards for determining whether a worker is an employee or an independent contractor. Worker classification depends on the facts and circumstances of the working relationship rather than simply the title given to the worker. Factors such as the business’s degree of control over the work, the worker’s financial independence, and the nature of the relationship may be relevant depending on the law being applied.
Misclassification can be costly. The Department of Labor regularly conducts audits and if your worker is classified incorrectly, you may be liable for back taxes. Incorrectly classifying employees as independent contractors can expose a business to liability for unpaid wages or overtime, employment taxes, penalties, and other obligations. Employers should therefore evaluate worker classifications carefully rather than relying solely on an independent contractor agreement.
What Should an Employer Do When an Employee Dispute Arises?
Early action can prevent a relatively minor workplace disagreement from developing into a larger legal dispute. When an employee raises a complaint, employers should document the issue, preserve relevant records, review applicable workplace policies, and determine whether an internal investigation is appropriate.
Employers should also avoid retaliatory actions against employees who engage in legally protected activity. If the complaint involves discrimination, harassment, wages, leave, termination, or another potentially significant legal issue, consulting an employment attorney early can help the business determine an appropriate response.
Contact a Dallas Employment Lawyer to Get Help
Workplace disputes can disrupt operations, affect employee morale, and expose businesses to significant financial and legal consequences. When an employment dispute arises, it is crucial to act quickly.
Employment law encompasses a wide range of federal and state laws. An attorney can assist you with employee disputes. Contact a Dallas attorney at Sul Lee Law Firm PLLC if facing an employee dispute lawsuit.
The Sul Lee Law Firm, PLLC assists clients throughout Dallas and the rest of Texas who are facing employment issues. We have helped employers in Plano, Richardson, Fort Worth, Irving, Frisco, Carrollton, Taylor, Garland County, and Collin County navigate and resolve employment disputes with contractors and employees.