For Immediate Release

October 17, 2011, our firm filed suit against Gainesville Health Care Center, Co., d/b/a Renaissance Care Center on behalf of our client, Ms. Dodie Cruce. The lawsuit makes the following allegations:

Ms. Cruce suffered retaliation when her employer terminated her in violation of the Texas Health and Safety Code. Ms. Cruce reported to her supervisor that a co-worker appeared to be infected with scabies and was therefore a threat to the other patients and employees. Because of Ms. Cruce’s quick action, the referenced employee was isolated and the condition did not spread. Two days later, Ms. Cruce was terminated and accused of falsely diagnosing a resident and discussing protected health information in violation of the Health Insurance Portability and Accountability Act or HIPAA.

Under Section 242.133 of the Texas Health and Safety Code, a nursing home employee is protected from retaliation for reporting to the employee’s supervisor or a state regulatory agency a violation of the law or for initiating or cooperating in any investigation relating to the care, services, or conditions at a nursing home. The statute also provides a presumption that a nursing home employee, such as Ms. Cruce, was fired for a retaliatory reason if the employee is fired within sixty (60) days of making the report. Ms. Cruce is seeking lost wages, mental anguish damages, attorneys’ fees and court costs as well as punitive damages.

Ms. Cruce is represented by Dallas employment lawyers Casey Erick and Tom M. Thomas II of the Law Office of Erick & Thomas in Dallas, TX. They may be contacted at 214-691-6200 or reached through their website at http://www.DallasEmploymentAttorney.net/ .

Dallas employment law
Dallas employment lawyer

For Immediate Release

August 17, 2011 our firm filed suit against Triumph Aerostructures, LLC on behalf of our client, alleging that our client was discriminated against in violation of the Pregnancy Discrimination Act of 1978 and was subject to unfair treatment in violation of the Family and Medical Leave Act (FMLA). The Defendant, Triumph Aerostructures, LLC, is a global leader in manufacturing and overhauling aerospace structures systems and components. The lawsuit makes the following allegations:

In June of 2010, our client became pregnant and requested leave under the FMLA. Two months later, she was terminated for what was described as a reduction in force. Later, on September 9, 2010, Triumph Aerostructures, LLC decided to rehire our client but relocated her. In December of 2010, our client again requested FMLA leave for her upcoming delivery. From November 2010 to February 2011, our client suffered off hand comments and remarks by her supervisor who created a hostile environment and retaliated against her because of her upcoming maternity leave. On the day that she was to get induced into labor, our client was informed that she would again be terminated due to a reduction enforced. However, the following month, Triumph Aerostructures, LLC hired four (4) other employees that were assigned to our client’s former work group.

Our client is represented by Dallas employment attorneys Casey Erick and Tom M. Thomas II of the Law Office of Erick & Thomas in Dallas, TX. They may be contacted at 214-691-6200 or reached through their website at http://www.DallasEmploymentAttorney.net/ .

Dallas employment law
Dallas employment attorney

For Immediate Release

December 13, 2011, our firm filed suit against Tinsley Associates, L.L.P. d/b/a Exceptional Home Care on behalf of our client, Ms. Deborah Buxton, a resident of Mesquite, Texas. The lawsuit makes the following allegations:

Ms. Buxton is suing to address violations of the Fair Labor Standard Act (FLSA) and recover unpaid overtime wages on behalf of herself and similarly situated co-workers. The lawsuit alleges that Ms. Buxton had to constantly complain that she was not being paid overtime wages in accordance with the law. Despite Ms. Buxton’s efforts, the Defendant did not take any corrective action. Ms. Buxton also alleges that she was retaliated against because of pursuing her FLSA claim. On October 31, 2011, and unbeknownst to her, Ms. Buxton was informed that she resigned from Defendant. Ms. Buxton’s “surprise” resignation was announced after she indicated she would be pursuing claims against Defendant for violating the FLSA. Ms. Buxton is seeking damages for unpaid wages, liquidated damages, court costs and attorneys’ fees.

Ms. Buxton is represented by Dallas employment lawyers Casey Erick and Tom M. Thomas II of the Law Office of Erick & Thomas in Dallas, TX. They may be contacted at 214-691-6200 or reached through their website at http://www.DallasEmploymentAttorney.net/ .

Dallas employment lawyer
Dallas employment attorney

For Immediate Release

On October 19, 2011, our Dallas employment law firm filed suit against Standard Parking Corporation (“Standard”) on behalf of our client, Ms. Dana Heath, to recover damages for being wrongfully discharged for refusing to perform an illegal act. The lawsuit makes the following allegations:

Ms. Heath and her former boyfriend were both employees at Standard’s Dallas office. On August 5, 2011, the former boyfriend was arrested and charged with a domestic violence offense against Ms. Heath. Ms. Heath provided a sworn statement to police which prompted an investigation and an emergency protective order to be issued. The very next day, on August 6, 2011, Ms. Heath provided a statement to Standard which discussed the previous night’s incident. Ms. Heath informed Standard that the former boyfriend had threatened to shoot and kill her at work, along with other co-workers and one manager. Another co-worker wrote a statement regarding the former boyfriend’s threats against Standard employees. In response, Standard actually suspended Ms. Heath, without pay, while they investigated the incident. However, the former boyfriend continued to work at Standard.

The lawsuit alleges that, on August 24, 2011, Ms. Heath was summoned to the office of a Standard executive working in Dallas. In that meeting, it is alleged that the executive presented a letter to Ms. Heath which stated that she recanted her previous statements to the police and district attorney about the family violence offense. Ms. Heath was ordered to agree to the allegations in the letter or be fired immediately. The lawsuit claims that to sign the letter would have been a crime and subject her to charges including, but not limited to, perjury or falsifying a police report.

The above-referenced conversation was recorded.

Ms. Heath has sued both Standard Parking and the executive at issue and seeks all damages related to this incident including punitive damages. Ms. Heath is represented by Dallas employment attorneys Casey Erick and Tom M. Thomas II of the Law Office of Erick & Thomas in Dallas, TX. They may be contacted at 214-691-6200 or reached through their website at http://www.DallasEmploymentAttorney.net/.

Dallas employment attorney

I am pleased to announce that our firm has recently settled a motor vehicle accident lawsuit involving multiple vehicles.  The case, styled Ben Whitsitt v. Patrick David Openshaw, was filed in the Dallas County Court at Law No. 3 and was assigned Cause Number CC-11-04944-C.  The lawsuit made the following allegations:

That the Defendant was traveling Eastbound on Lakeview Parkway in Rowlett, Dallas County, Texas in the left lane at a high rate of speed.  That the Defendant moved from the left lane to the right lane and struck a third vehicle which was also traveling Eastbound on Lakeview Parkway and was situated between our client and the Defendant.  That the Defendant hit the middle vehicle in the rear, without braking, causing that vehicle to strike our client’s vehicle in the rear.  That the collisions occurred with such force that all three vehicles were flipped over and only the middle vehicle ended right side up.  That despite the horrific collision, no one was killed, though our client suffered significant spinal injuries.

The Defendant was insured by Progressive Insurance Company.  The lawsuit was settled quickly after being filed for a lump sum cash payment.

Our client, Mr. Whitsitt, was represented by our firm’s Dallas attorneys Casey Erick and Tom M. Thomas II.

Texas accident attorney

Dallas accident attorney

We are proud to announce the launch of our new website dedicated entirely to Dallas employment law.  The new website was built in conjunction with the formation of Erick & Thomas, a Dallas employment law firm dedicated to protecting the rights of employees.  Dallas employment attorney Casey Erick and Dallas employment lawyer Tom M. Thomas II also added the following about Texas employment discrimination cases:

Texas Employment Discrimination:  What Is It?

If you believe that you have been the victim of employment discrimination, it is important to understand what employment discrimination entails and what your rights are. Those who have been subjected to employment discrimination are entitled to redress the issue; a qualified Dallas employment lawyer will be able to tell you what you should do about your case.

What characterizes employment discrimination is an employer’s use of unfair or illegal employment practices that are based on the employee or potential employee’s racial background, national origin, physical disability, age, sex, or religion. Various state and federal laws classify such behavior as discriminatory and prohibit it on those grounds.

Employers might engage in many different forms of discriminatory practices. These can include bias, singling out, or excluding specific employees based on the factors mentioned above in any aspect of applying for, engaging in, or ending employment. Allowing an individual’s protected status to affect decision-making in hiring, firing, payment and salary, employee classification, transfers, promotions, lay-offs, job advertising, company facility access, fringe benefits, retirement plans, disability leave, or any other terms and condition of employment is to engage in employment discrimination.

There are other ways of engaging in employment discrimination in addition to the criteria listed above. Using stereotypes and assumptions about race, gender, religion, ethnicity, or disability to determine employment decisions is one. Another is harassing an individual at the workplace due to genetic information, disability, color, race, national origin, religion, sex, or age. A third is retaliating against an employee who has challenged discrimination at work, filed a discrimination charge against the employer, or participated in an investigation of workplace discrimination. Last, but not least, denying or withholding employment opportunities based on an individual’s association with a person of a certain race, nationality, religion, or disability status is discrimination.

Although sexual orientation is not a protected class in Texas, there is a growing body of law in other states that prohibits employment discrimination based on sexual orientation.

If you have been the victim of employment discrimination, you can fight for redress of the wrongful actions of your employer. Texas employment discrimination attorneys Casey Erick and  Tom M Thomas II have the knowledge and expertise that can help you to win your case.  Click here to visit their new website:  New Website

For Immediate Release

On April, 13 2011, Allen, Texas citizen Ronald Braxton filed a lawsuit against Life Time Fitness, Inc. in Federal Court in the Eastern District of Texas. Mr. Braxton, an African American former professional football player, was a highly respected and very productive personal trainer who spent time at several Life Time Fitness facilities in both a training and managerial capacity. The lawsuit alleges that Mr. Braxton was subjected to extreme racial discrimination and retaliation. The lawsuit alleges that, in one incident, Mr. Braxton’s manager referred to him in the most derogatory of racial slurs and subjected Mr. Braxton to extreme verbal abuse. The lawsuit alleges that Mr. Braxton was initially actually fired over this incident by the same manager in what was clearly a manufactured effort to see that the abuse that Mr. Braxton endured would never come to light. The lawsuit alleges that in response to Mr. Braxton’s unlawful and contrived termination, Life Time Fitness executives actually reinstated Mr. Braxton’s position and transferred him to a different facility, apparently out of concern over Mr. Braxton’s treatment. The lawsuit further alleges that, while at the Allen, Texas facility, Mr. Braxton quickly became the facility’s most successful salesman and soon developed a large client base. The lawsuit alleges that Mr. Braxton was a model employee who reached, if not exceeded, the goals set by his superiors. The lawsuit alleges that Mr. Braxton was nonetheless repeatedly treated differently than white employees and ultimately fired because of his race. The lawsuit will be tried to a jury.

Mr. Braxton is represented by attorneys Casey Erick and Tom M. Thomas II of the Law Office of Erick & Thomas in Dallas, TX. They may be contacted at 214-691-6200 or reached through their website at http://www.DallasEmploymentAttorney.com/ .

Dallas employment attorney
Dallas employment lawyer
Dallas employment law

Dallas Family Lawyer Gives an Initial To-Do List for Your Divorce

You should treat your divorce like a business transaction: aside from the emotional aspects of breaking off a relationship, there are economic considerations such as separating finances and assets that belong to you and your spouse. In this article, Dallas family law attorney Tom M. Thomas II will give you a list of what you need to do to begin the divorce process:

Manage your liquid funds.

1. Open a separate checking account.
2. Put aside some cash in a safe place, so you can be prepared in case any bank accounts or credit cards are frozen during your divorce.
3. Close joint bank accounts, if possible, and split the cash between you and your spouse in a way that both parties agree to.
4. Close joint credit card accounts and make sure to get a credit card that’s in your own name. Any previous debt that was in the joint cards can be transferred to your and your spouse’s individual credit cards. Carefully monitor your credit report to make sure that your spouse hasn’t opened up a new joint card or applied for a new joint loan.

Manage your savings.

1. Freeze and protect joint investment accounts to make sure that your spouse cannot withdraw cash or place loans against them. Get hard copies of your account statements.
2. Ask the retirement plan administrator for a current statement of your spouse’s retirement plan, if he or she has one, as well as a copy of the plan description.

Make some personal provisions.

1. List all the property in your home. Keep date-stamped photographs of the more valuable items.
2. Get a post office box and a new email account so you can keep all your communications private.
3. Change the passwords for your bank accounts, ATM cards, social networking sites, and email accounts. If your spouse has a duplicate key to your car, ask for it back.

Plan your career.

1. Inform your boss that you’re going through a divorce, and make an offer to make up the work hours that you will miss because of it.
2. If you do not have a job, start looking for a job. The job search includes updating your resume, writing cover letters, researching for jobs, and applying for interviews.
3. Look into health insurance options. If you were dependent on your spouse’s health insurance, look into whether it’s available and if it’s affordable for you to continue coverage. Also research other insurance policies and compare.

Keep detailed records.

1. Collect and organize information about everything you own (your assets) and everything you owe (your liabilities). This includes your bank and financial statements, your tax returns, insurance policies, and investment account statements.
2. Think about what you’re willing to give up and what you want to keep.
3. Write for your attorney a succinct account of your marriage that includes: the date you and your spouse moved in together, the marriage date, your children’s birth dates, whether there were any past separations, the dates you acquired various assets, and any separate property that you or your spouse inherited or acquired outside of the marriage.

Be Prepared to Abide by all Court Orders.

1. Once filed, the Court that handles your case will probably quickly enter temporary orders addressing most of the issues referenced above.  Violating these orders could land you in extremely hot water, so be mindful of them and abide by them.

If you’re going through a divorce, get the help you need from experienced Dallas family attorney Tom M. Thomas II, who can guide you through the process, step by step, and act as your advocate. For a free initial consultation, fill out the form on this page.

Texas Credit Card Lawsuit Defense

We have an entire practice area, and likewise an entire website, dedicated solely to Texas credit card lawsuit defense.  Being sued for a credit card debt was once unheard of.  Unfortunately, it is now a daily occurrence in Texas.  Hundreds of these lawsuits are filed each week across the state.  Many good people who have become the victim of a bad economy have fallen behind on their payments, and have then been forced to make a choice – do I pay my mortgage and car payments and keep food on the table, or do I sacrifice those necessities in order to pay late fees, penalties, and credit card default interest rates that are often times over 30%.  While the choice that must be made is usually an obvious one, the consequence may be getting hailed into a Texas court to face a civil lawsuit for the unpaid debt.

We defend Texas credit card lawsuits across the state and we have had enormous success in getting these cases dismissed and in negotiating settlements prior to trial.  You can click here to go directly to our Texas credit card lawsuit defense website.  We charge very affordable flat fees to defend these cases and we take payment plans that are designed to allow our clients to go about their daily lives with minimal financial disruption.  Our goal in these cases is to keep our client out of court and to obtain a result that our client will be happy with.

Please feel free to contact us for a free consultation.

credit card lawsuit Texas