Posts Tagged ‘Dallas employment lawyer’

Dallas Employment Attorney Casey Erick in the News

Monday, May 7th, 2012

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:

KDAF
American Airlines Mechanic Posts YouTube Rant
Dennis Barnett Attacked Airline Management, Union Leaders, Defended Coworkers

Daniel Novick

CW 33 News
9:33 PM CDT, May 4, 2012
DALLAS

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.

Copyright © 2012, KDAF-TV

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Our Firm Files Suit Against Gainesville Health Care Center, Co.

Wednesday, March 28th, 2012

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 became infected with scabies and was therefore a threat to the other patients. Because of Ms. Cruce’s quick action, the infection did not spread to the patients and the condition was treated. 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/ .

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Our Firm Files Suit Against Tinsley Associates, LLP

Wednesday, March 28th, 2012

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/ .

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Dallas Employment Attorney

Wednesday, September 7th, 2011

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

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Our Firm Files Suit Against Life Time Fitness, Inc.

Wednesday, September 7th, 2011

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
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Life Time Fitness Sued For Racial Discrimination

Friday, July 1st, 2011

LIFE TIME FITNESS SUED FOR RACIAL DISCRIMINATION

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.

Casey Erick, one of Mr, Braxton’s attorneys, stated:  “It’s sad, but the truth is that this type of conduct occurs every day in the workplace.  Mr. Braxton was singled out, mistreated, and fired because of the color of his skin.  This type of case is an example of why we need a civil court system capable of addressing discriminatory business practices.”

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

 

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