Explore your rights under FMLA and disability laws and understand how job security is impacted. Discover how consultation with Evan Lange Law, PLLC can protect your rights.
Hiring a Wrongful Termination Lawyer in Texas is Crucial
In an at-will employment state like Texas, identifying if an employee has been terminated for an illegal reason necessitates the expertise of a wrongful termination lawyer. Navigating the complexities of the Equal Employment Opportunity Commission (EEOC) independently can potentially damage your case. Find out why enlisting the help of a seasoned employment lawyer from Evan Lange Law, PLLC can increase your odds of a favorable outcome in your wrongful termination claim.
The Need for Whistleblower Protections in Texas: the OceanGate Tragedy
The OceanGate tragedy and the Urgent Need for Robust Whistleblower Protections in Texas
Whistleblowing, an act of exposing wrongdoing, malpractice, or negligence within a company, can be a challenging decision for any employee. A classic example of the personal risks involved in this decision is the case of David Lochridge and OceanGate Inc. As a Texas employment lawyer, understanding and advocating for better protections for whistleblowers is a significant part of my mission.
The Case of David Lochridge and OceanGate Inc.
David Lochridge, an engineer at OceanGate — the now infamous firm known for building deep-sea submersible vessels — voiced concerns about the ill-fated submersible’s integrity. However, his alerts were disregarded and he was dismissed because he expressed his concerns. With some reports saying he was given ten minutes to pack up his office after raising safety concerns. This ultimately led to a lawsuit filed in Washington State. Of course we now know the vessel Lochridge had identified as a safety risk imploded tragically, killing five occupants earlier this week.
Whistleblower Protections in Texas
Whistleblowers like David Lochridge are crucial in maintaining workplace safety, ensuring regulatory compliance, and fostering ethical conduct. Regrettably, in Texas, the protections for whistleblowers are limited. The Texas Whistleblower Act prohibits retaliation against public sector employees who report a violation of law. But, it does not extend to private sector employees. This means most employees working for non-governmental employers have very little protecting them when engaging in whistleblowing in the workplace
While The Occupational Safety and Health Administration (OSHA) provides some federal-level protections for whistleblowers in certain industries, these are not universally applicable. This often leaves private sector employees in a precarious position when they expose wrongdoing or safety concerns.
Further, in the wake of Enron, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 enacting the U.S. Securities and Exchange Commission (SEC) Whistleblower Program offers significant protections and incentives to whistleblowers who report possible violations of federal securities laws. Usually, these are employees who work at financial institutions such as banks.
Another type of whistleblowing involves individuals who witness their employers defrauding the federal government out of money. Typical cases include healthcare workers who witness Medicare or Medicaid fraud in the workplace. These employees usually retain an employment lawyer to file suit under the Federal False Claims Act (FFCA), also known as a Qui Tam suit. If the case is successful, the relator may receive a share of the recovered funds, usually between 15% and 30%. The Federal False Claims Act also provides protection to whistleblowers from retaliation by their employers.
Strengthening Whistleblower Protections in Texas
The unfortunate incident at OceanGate underscores the importance of strengthening protections for whistleblowers, especially in high-risk industries. Whistleblowers should be able to raise concerns without fear of retaliation. The existing landscape of whistleblower laws in Texas, however, can potentially pressure employees to remain silent about critical issues. Or, even worse, cost employees their jobs and leave them without legal recourse if they put their necks on the line.
Conclusion
If you find yourself in a predicament similar to David Lochridge's, it is important to seek the help of a Houston employment lawyer. Despite the less robust nature of whistleblower protections in Texas, your rights deserve to be defended and consulting with an employment lawyer before or after whistleblowing can help you determine your rights (if any).
If you believe you've been subjected to retaliation due to whistleblowing, do not hesitate to contact Evan Lange Law, PLLC. The firm is dedicated to supporting you in safeguarding your rights and helping you navigate this complex area of law. Reach out today to understand your legal options and ensure your rights as a whistleblower are protected.
California Restaurant Uses Confession to Fake Priest to Intimidate Labor
The Difference Between Right-to-Work and Employment-at-Will
As an employee, it's important to understand your legal rights and protections in the workplace. Employment-at-will allows your employer to terminate your employment for any reason or no reason at all, as long as it's not illegal. Right-to-work laws can impact union membership, but do not change the employment-at-will doctrine. These complex legal issues can leave you vulnerable to unjust or arbitrary termination. However, Evan Lange Law can help you understand your legal rights and protect you from workplace discrimination or retaliation. Contact us today to learn more about how we can help you navigate these complex legal issues and protect your rights as an employee.
Elon Musk Apologizes for Mocking Disabled Twitter Employee
Elon Musk, CEO of Twitter, recently faced criticism for mocking a disabled employee. This highlights the importance of protecting employees with disabilities in the workplace, as outlined by the Americans with Disabilities Act (ADA). The ADA provides legal protections to individuals with disabilities in employment and public accommodations. Employers must provide reasonable accommodations and are prohibited from retaliating against those who request such accommodations. This incident also highlights the unique challenges Twitter employees have faced. If you believe you've experienced discrimination or retaliation due to a disability, seek legal advice from an experienced employment lawyer.
Estate Planning, Wills and Trusts, and Probate Basics: Protecting Your Legacy and Loved Ones
By creating a will, establishing trusts, and understanding the probate process, you can control how your assets are distributed, protect your assets, and simplify the process of distributing your assets after you're gone. Proper estate planning can help provide peace of mind knowing that your loved ones will be taken care of and that your legacy will be preserved. If you're interested in learning more about estate planning, wills and trusts, or probate, contact Evan Lange Law, PLLC for a paid consultation. The Firm’s experienced attorney can help you navigate the complex world of estate planning and create a plan that's tailored to your unique needs and goals
How the NLRB's Decision to Prohibit Non-Disclosure Provisions in Severance Agreements Affects Employees
Employee wins $450,000 after employer ruins man's birthday and fires him for disability
Employer ruins man’s birthday and fires him for disability. Yes, mental health conditions are disabilities too. Companies cannot discriminate or retaliate against employees with mental disabilities or physical disabilities in the workplace. There was a legitimate reason behind Mr. Berling suing his company, and he was well within his rights to do so.
Transfer on Death Deed vs. Lady Bird Deeds: What is the difference?
Hair Discrimination & the CROWN Act
No, you cannot discriminate against Russians in the workplace.
People may take out their anger towards Russia on people who are Russian. It is not unheard of for a manager or employer at a particular workplace to fire an employee simply because they have some sort of prejudice towards that employee’s country of birth or national origin. This is called national origin discrimination.
Apple vs. the Unions
Texas Expands Sexual Harassment Protections for Workers
In 2021 of last year, Texas Governor Greg Abbott signed Senate Bill 45 and House Bill 21; both of which were written in order to enhance employee protection against sexual harassment in the workplace. Senate Bill 45 specifically increases the liability of employers in managerial or supervisory roles for sexual harassment so that employees are more protected in the workplace.
