We are Austin Employment Lawyers
The law office of Wiley Walsh, P.C. stands up for workers’ rights. Colin Walsh and Rob Wiley together have over twenty-two years of experience representing employees. We fight cases in state and federal court, before government agencies, and in binding arbitration. We are committed to providing the highest quality legal representation from simple unemployment hearings to multiparty lawsuits and complex trials.
If you need an employment lawyer in the Austin area to represent you, contact our office online or by calling (512) 271-5527 to schedule an initial consultation.We are Board Certified Specialists in Labor & Employment Law
Both Mr. Wiley and Mr. Walsh are certified by the Texas Board of Legal Specialization as specialists in labor and employment law. Becoming board certified requires years of experience practicing employment law as well as passing the rigorous board certification exam. Less than one percent of Texas attorneys are board certified as specialists in labor and employment law.
Both Mr. Wiley and Mr. Walsh have maintained their board certified status by continuing to focus on representing workers in employment law cases.We are Wrongful Termination Lawyers
The vast majority of our cases are wrongful termination cases. A wrongful termination may occur if you are fired because of discrimination, retaliation, or any other illegal reason.
Proving wrongful termination requires evidence. In some cases, an employer’s own documents or emails will show that an employee was terminated illegally. More often, wrongful termination is shown where an employer makes up a false reason for the termination, selectively applies policies to only some workers, or violates its own policies or employee handbook.
Both Texas state law and federal law prohibit wrongful termination. Many of these laws concern discrimination because of things like race, color, disability, religion, sex, pregnancy, national origin, age, sexual orientation, or gender identity. Think of this as “who you are” wrongful termination.
Other laws prohibit termination because of “what you’ve done.” These laws protect whistleblowers, workers who complain about discrimination, and workers who seek to enforce their rights – like the right to take maternity leave, receive overtime pay, or unionize.We are Discrimination and Harassment Lawyers
The Austin employment attorneys at Wiley Walsh, P.C. represent workers who have been discriminated against or harassed at their workplace. State and federal laws prohibit Texas employers from discriminating against and harassing employees based on race, color, disability, religion, sex, national origin, or age. As interpreted by the Equal Employment Opportunity Commission (EEOC), federal law prohibits discrimination based on sexual orientation and gender identity.
Unlawful discrimination can occur in many forms. For example, there may be discrimination where a male employee is promoted over a more-qualified female employee. It may be unlawful discrimination for an employer to deny time off for certain religious holidays. Demotions, pay differences, unequal benefits, and anything else that affects the terms and conditions of employment may give rise to a discrimination claim.
The law also protects employees from workplace harassment or a hostile work environment. For example, an employer must take prompt remedial action to stop sexual harassment or a hostile environment after an employee complains.Medical Leave and Reasonable Accommodation
The Family and Medical Leave Act (FMLA), the Texas Labor Code, and the Americans with Disabilities Act (ADA) provide protections to employees with serious health conditions or disabilities.
From time to time, workers need to take time off from their jobs. This could be because of illness, caring for a family member, or having a baby. The FMLA requires employers to provide up to twelve weeks per year of unpaid job-protected leave. This leave can be taken all at once, in blocks, or intermittently (an hour here or there as needed). Too many employers are hostile to employees who take this leave, interfering with their leave or retaliating when they return.
Both the Texas Labor Code and the Americans with Disabilities Act require employers to provide reasonable accommodations to employees with disabilities. Such accommodations can include medical leave, flex time, break periods, working remotely or special equipment. Appropriate accommodations may vary because of the nature of a job or the particular disability. You should consult an employment attorney in the Austin area if you believe that you have been denied a reasonable accommodation or if you need advice on what a reasonable accommodation may be in your situation.Unpaid Wages, Tips, and Overtime
Wiley Walsh, P.C. has extensive experience representing employees who are not properly paid wages, tips and overtime individually and in collective actions.
An employee has a right to paid for all work performed. Working off the clock, unpaid administrative work, or over-deducting time for breaks and lunches are prohibited. If an employer promises to pay you a certain amount or a commission, you have a right to be paid that amount or commission.
In Texas, tipped employees only have to be paid $2.13 an hour because the employer can take a tip credit. This tip credit is a privilege for employers, not a right, and employers must follow specific rules. Employers cannot charge employees for walked tabs or require them to pay breakage fees. Employers cannot require employees to share tips with kitchen staff or management. Employers can owe thousands of dollars in unpaid wages if they lose the tip credit privilege.
Finally, unless a specific exemption applies, an employee who works over forty hours a week is entitled to overtime pay at a rate of one and half times their hourly rate. It is not uncommon for an employer to misclassify an employee as exempt/salary when the employee should have been paid as a non-exempt/hourly employee.Wiley Walsh, P.C. Protects your Rights
Our Austin employment lawyers are proud to represent workers. If you feel you might need our services, do not hesitate to schedule an initial consultation. We can discuss the pros and cons of legal representation so that you can decide if we are the right law firm for you.
You can schedule an initial consultation online or by calling (512) 271-5527.