we specialize in discrimination cases 

overtime wage claims . . . 

and employer retaliations 

your trusted employment law attorneys

At Vargas Law Firm, we understand that employment-related matters can deeply impact your life and livelihood. Our Employment Law page is your gateway to a wealth of knowledge, guidance, and expertise in navigating the complexities of employment law. Whether you're an employee seeking justice, an employer striving for compliance, or simply seeking information, you've come to the right place. Our dedicated team of experienced employment law attorneys is here to provide valuable insights, assist with legal matters, and ensure that your rights and interests are protected in the ever-evolving landscape of employment law. Explore the resources on this page, and feel free to reach out to us for personalized assistance. We're committed to helping you find clarity and solutions in all aspects of employment law.


COMMON ISSUES IN EMPLOYMENT LAW

In the realm of employment, distinguishing between employees and independent contractors is pivotal. Employees typically work under set hours, receive regular pay, and enjoy benefits, while independent contractors exercise more autonomy, manage their taxes, and are often engaged for specific projects. Accurate classification is crucial to avoid legal disputes over wages, benefits, and tax responsibilities. 

In the landscape of employment law, the distinction between exempt and nonexempt employees is pivotal. Exempt employees are typically salaried and exempt from overtime pay, while nonexempt employees are paid on an hourly basis and entitled to overtime compensation for hours worked beyond the standard workweek. Accurate classification is essential to ensure compliance with wage and hour laws and prevent legal disputes. 


In the realm of personal injury claims in Texas, there's a significant distinction between 'subscribers' and 'non-subscribers' when it comes to workers' compensation coverage. Subscribers are employers who have opted to provide workers' compensation insurance, while non-subscribers are those who have chosen not to participate in the state's workers' compensation system. This classification can have a substantial impact on the rights and options available to injured workers. If you've been injured at work, contact us for a consultation to understand your options and pursue the compensation you deserve.


In Texas, employment relationships are often governed by the 'At-Will' doctrine, which means that either the employer or the employee can terminate the employment relationship at any time and for any reason, as long as it's not prohibited by law or an employment contract. This doctrine provides flexibility for employers and employees but also requires an understanding of the exceptions and legal constraints involved. 

Arbitration agreements have become increasingly common in employment contracts and other legal agreements. While they offer an alternative to traditional litigation, it's essential to be aware of the implications of these agreements. In essence, arbitration agreements require parties to resolve disputes through arbitration, typically a private and less formal process than going to court. While this can save time and money, it may also limit your ability to have your case heard by a judge and jury. Furthermore, the confidentiality of arbitration can sometimes be a disadvantage. Understanding the pros and cons of arbitration agreements is vital when entering into employment contracts or other legal arrangements. At Vargas Guerra, LLP, our knowledgeable attorneys can provide insights into arbitration agreements, review their terms, and help you navigate the complexities of dispute resolution methods. We're here to ensure that you make informed decisions that protect your rights and interests.


Severance packages, often offered to employees during layoffs or terminations, can seem like a lifeline in challenging times. However, it's crucial to approach these agreements with caution and seek legal counsel when negotiating or evaluating their terms. While severance packages can provide financial support and benefits, they may also come with certain pitfalls that can impact your future. These pitfalls may include non-compete clauses that limit your ability to work in your field, non-disparagement clauses that restrict your freedom to discuss your former employer, or waivers of potential legal claims. Navigating the complexities of severance packages requires a careful examination of the terms and a clear understanding of their implications. At Vargas Guerra, LLP, our experienced employment law attorneys can assist you in reviewing and negotiating your severance package to ensure that your rights and interests are protected. Don't sign without fully understanding the agreement; contact us for expert guidance and support.


FREQUENTLY ASKED QUESTIONS

what is employment law?

Employment Law encompasses a wide range of legal matters related to the workplace, including employee rights, employer responsibilities, and the resolution of workplace disputes. It's crucial because it ensures fairness, safety, and adherence to labor laws for both employees and employers.


what rights do i have as an employee? 

Employees in Texas have various rights, including the right to a safe workplace, protection from discrimination, the right to fair wages, and more. However, these rights may vary depending on factors such as your employment status and industry.


what should i do if i have been wrongfully terminated?

If you believe you've been wrongfully terminated, document the circumstances, seek legal counsel, and explore your options for potential legal action. Wrongful termination cases can be complex, and it's essential to consult an attorney.


how can i report workplace discrimination, harassment, or retaliation?

If you experience workplace discrimination or harassment, report it to your employer or HR department promptly. Document incidents, gather evidence, and consider seeking legal advice. Our team can guide you through the process.


how do i know if i am at will or contract employee?

'At-will' employment means that either the employer or employee can terminate the employment relationship at any time, for any reason, as long as it doesn't violate the law. 'Contract' employment involves a legally binding employment agreement with specific terms and conditions.


what happens next?  

Experiencing an employment-related issue can be overwhelming, but you don't have to face it alone. At Vargas Guerra, LLP, our experienced employment law attorneys are here to guide you through the process and ensure that your rights are protected.


who is the Deparment of labor (DOL)?

The Department of Labor (DOL) is a federal agency responsible for promoting the welfare of job seekers, wage earners, and retirees in the United States. It ensures safe working conditions, advances opportunities for profitable employment, and protects retirement and health care benefits. The DOL also enforces federal labor standards and laws, such as the Fair Labor Standards Act, which includes minimum wage, overtime pay, and child labor protections.


who is the Texas workforce commission civil rights division (TWC-CRD)?

The Texas Workforce Commission Civil Rights Division (TWC-CRD) is responsible for enforcing the state's laws against employment discrimination. It investigates complaints of discrimination in the workplace based on factors such as race, religion, gender, national origin, age, and disability. The TWC-CRD serves as an important resource for Texas employees facing discriminatory practices, ensuring fair treatment and equal opportunities in the workplace.


Who is the equal employment opportunity commission (EEOC)?

The Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee based on race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or older), disability, or genetic information. The EEOC investigates discrimination complaints, mediates disputes, and litigates cases of discrimination in the workplace to ensure fair and inclusive employment practices across the United States.


who is the texas department of insurance (TDI)?

In the context of employment law and workers' compensation, the Texas Department of Insurance (TDI) plays a crucial role in regulating the workers' compensation system in Texas. TDI oversees the administration of workers' compensation claims, ensures compliance with state laws regarding workers' compensation insurance, and aims to provide efficient and fair compensation to workers injured on the job. Additionally, TDI offers resources and assistance to both employees and employers in understanding their rights and responsibilities under Texas workers' compensation laws.


have you or someone you know been subject to discrimination, harassment, or retaliation at the workplace?

CONTACT US

Employment Law

(956) 287- 3743

Employment Law

inquiry@thevargaslawoffice.com

Employment Law

Mon-Fri: 8am - 5pm

Employment Law

324 W. University Dr. 

Edinburg, Texas 78539