Our firm has filed suit against a Dallas Pro Cuts hair salon under its corporate name, “J&D World Corporation,” on behalf of our client, Ms. Juanita Belmarez. The lawsuit was filed in the Dallas County Court at Law No. 5 and was assigned cause number CC-12-03908-B. The lawsuit makes the following allegations:
Ms. Belmarez, the Plaintiff, was formerly employed at the Pro Cuts salon on Greenville Ave. in Dallas Texas as a stylist. On August 16, 2011, the Plaintiff was viciously attacked by her manager while attempting to place a 911 call to the police. This event was predicated by the manager’s unlawful attempts to force the Plaintiff to sign a false written confession admitting to certain conduct that never occurred. When the Plaintiff refused, the attack ensued.
Mr. Belmarez seeks all damages available to her under law, including actual damages, punitive damages, and damages for mental anguish. The lawsuit is being brought by Dallas labor law 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/.
We are pleased to announce that Dallas/Ft. Worth news station KDAF-TV interviewed firm partner Casey Erick on May 4, 2012. The interview focused on whether or not a Texas employee has the right to criticize his or her employer in a public forum. The interview can be seen here. The news story has also been transcribed below:
American Airlines Mechanic Posts YouTube Rant
Dennis Barnett Attacked Airline Management, Union Leaders, Defended Coworkers
CW 33 News
9:33 PM CDT, May 4, 2012
The American Airlines bankruptcy appears to be taking its toll on some AA employees, as one mechanic went on a nearly 17 minute rant that was then posted on YouTube.
From the video, it was clear that Dennis Barnett loved air travel, airplanes and the airline industry. He said in the video his father was an airplane mechanic and he said Barnett had worked on airplanes for much of his life.
But his passion for the airline industry has turned into anger.
“This was the fifth largest airline in the world in operating revenues and available seat miles, and you’ve managed to run it and its fleet of aircraft into the [expletive] ground. How [expletive] dare you,” said Barnett.
Barnett, who wore his uniform in the YouTube clip, read a letter that attacked airline management.
“We need leaders in management, not [expletive] who don’t have a [expletive] [expletive] clue in what it takes to run an airline,” he said.
He also went after the unions.
“Our unions are just as much at fault. Jim Little, shut your [expletive] mouth,” said Barnett.
Barnett defended his coworkers, the men and women he said are on the front lines everyday.
“You are taking advantage of us, the employees of this [expletive] [expletive] airline, how [expletive] dare you, you low life mother [expletive],” Barnett said in the YouTube clip.
American Airlines issued a statement about Barnett’s video, which read, “We are aware of the video and the employee has been withheld from service with pay pending further discussion with him.”
Dallas based employment attorney Casey Erick said posting angry comments online could cost Barnett his job, and he probably wouldn’t have a legal leg to stand on to fight the firing.
“Merely griping and complaining about your boss is not protected And I think people would be surprised how many cases actually fall on the side of the employer,” Erick told CW 33 News.
Erick said in cases where online comments by employees were protected was when it was done with the authority of other employees, or the person was speaking on behalf of fellow employees.
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.
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/ .
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
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.
Disclaimer: This website is for informational purposes only and does not constitute legal advice. Usage of this website does not constitute an attorney-client relationship. Erick & Thomas, P.C. Uptown Tower, Suite 870, 4144 N. Central Expressway. Dallas, TX 75204. Tel: 214-691-6200 Fax: 214-691-6205 Toll Free: 214-691-6200 Email:firstname.lastname@example.org
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