News and Articles

News and Articles

Jury unanimously finds in favor of Sud Law P.C.’s client in breach of an employment contract case

On March 7, 2018, a Harris County jury unanimously ruled in favor of Sud Law P.C.'s client in a breach of an employment contract case, awarding the plaintiff approximately two years of lost wages and benefits. Through its verdict, the jury confirmed that the plaintiff was terminated without cause, and was therefore entitled to the wages and benefits had he been employed for the remaining two years left in his employment contract. The case is: Andy Tang v. Dragon Oil Technologies, Inc.,  cause ... Read more

Jury finds in favor of Sud Law P.C.’s client in Sabine Pilot wrongful termination case

On January 11, 2018, after a 2-day trial, a Harris County jury ruled in favor of Sud Law P.C.'s client in a Sabine Pilot wrongful termination case, finding that the plaintiff/employee was wrongfully discharged by her employer for refusing to commit a criminal act. Most wrongful termination laws are created by the state or federal legislature.  However, a Sabine Pilot claim is the only judicially created exception in Texas to the at-will doctrine and requires the plaintiff to prove that the sole ... Read more

Q&A: Handing Employment Issues When a Natural Disaster Hits

Hurricane Harvey has disrupted millions of workers and businesses in the greater Houston area.  Employees and employers may have a few questions arising out of this disaster.   Question:         My business has been shut down for several days, and just one employee worked a few hours on one day.  Nobody else has worked.  Do I still have to pay my employees? Answer:           It generally depends on whether they are hourly non-exempt employees or salaried exempt employees under the Fair ... Read more

Texas Laws Protect Nurses from Wrongful Termination and Other Adverse Employment Actions

Nurses are obligated to protect patients and report potential violations or misconduct.  A nurse’s license could be at risk if he/she fails to act appropriately.  Therefore, the Texas legislature has created laws to protect nurses in their employment to discourage retaliation for their compliance with the Nursing Practice Act and other laws.  The following are a few key laws that all nurses should be aware of:   Section 301.352 of the Texas Occupations Code prevents an employer from ... Read more

Texas Supreme Court Rules in Favor of Exxon Twice in Less Than a Month in Employment Cases

In two separate recent decisions, the Texas Supreme Court exonerated Exxon from liability in employment related cases. On May 26, 2017, in Exxon Mobil Corp. v. Rincones, the Court explicitly refused to recognize a theory of compelled self-defamation, stating it is inconsistent with Texas' at-will employment system. On June 23, 2017, in Pagayon v. Exxon Mobil Corp., the Court reversed a $2 million jury verdict against Exxon where a fistfight between two employees led to the death of one of the ... Read more

Federal Court Rules that it is Illegal to Discriminate Based on an Employee’s Sexual Orientation

On April 4, 2017, the Seventh Circuit Court of Appeals (in Hively v. Ivy Tech Community College of Indiana) became the first federal appellate court to rule that sexual orientation discrimination in the workplace is included within the term “sex” under Title VII of the Civil Rights Act of 1964. Therefore, it is finally illegal under federal law for employers to discriminate against gays and lesbians... at least in the Seventh Circuit (Illinois, Indiana, and Wisconsin). For decades, courts have ... Read more

Texas Supreme Court rules that sexual assault is different than sexual harassment

On February 24, 2017, the Texas Supreme Court (in B.C. v. Steak ‘n Shake Operations, Inc.) issued a much-awaited decision, ruling that employees who are sexually assaulted at work by a supervisor can bring a lawsuit immediately against their employer for a common-law assault claim, rather than trying to navigate through the employer-friendly, time-consuming, damages-capped, often futile process of first asserting an administrative claim of harassment with the EEOC or TWC, followed by a difficult ... Read more

Associational Disability Discrimination in Employment

Most employers and employees are aware that the Americans with Disabilities Act prevents discrimination and harassment against employees who have a disability.  However, a lesser known issue is that the law also prevents discrimination against employees (and job applicants) based on their relationship or association with an individual with a disability. See 42 U.S.C. § 12112(b)(4). This is known as associational disability discrimination, and the ramifications are just as severe as directly ... Read more

Trump’s Travel Ban Does NOT Give Employers the Right to Discriminate

Donald Trump’s recent travel ban is causing obviously severe problems for people from certain countries with respect to their travel plans.  The impact is directly related to these individuals’ national origin and religion and, not surprisingly, may create complications with their employers domestically. However, the travel ban is not an employment ban, and it does not change the fact that most employers are still prohibited from discriminating against employees based on various protected ... Read more

Q&A – Handling Harassment at Work in Trump Nation

During the presidential campaign last year, Donald Trump made several statements arguably supporting ridicule or mistreatment of people based on their race, national origin, gender, or disabilities, as well as acknowledging disturbing incidents of sexual harassment. Following his election victory, and now confirmation as president, concerns of yielding to inappropriate harassment in the workplace have understandably arisen. (If it’s ok for the President to do it or say it, then it must be ok for ... Read more