Moving You Forward
EMPLOYMENT PROBLEMS? WE CAN HELP.Work problems can be devastating and leave your whole life in darkness.
Fitzgerald Law can help move you forward and into the light.
Practice Areas
Discrimination
Discrimination related to gender, age, disability, race, etc.
Retaliation
Retaliation after employee complaints.
Workplace Issues
Family and medical leave disputes (FMLA), safety violations, etc.
Non-Competes
Non-compete and non-solicitation agreements.
Pay Issues
Overtime and minimum wage violations.
Termination
Wrongful or illegal termination
Litigation
Litigation, arbitration and mediation of employment disputes.
Whistleblower
Whistleblower reports and retaliation claims.
Harassment
Sexual and other harassment in the workplace.
Disability
Reasonable accommodations for disability.
Equal Pay in Attorney Fee Awards
In an interesting twist on equal pay issues, a judge pointed out that two female attorneys deserved the same hourly rate in the fee award as an older male co-counsel. After their client won an age...
Addressing Sexual Harassment In The Workplace On The State Bar Of Texas Podcast
Several changes to the Texas labor codes have affected sexual harassment claims. On a recent State Bar of Texas Podcast episode, I talk with host Rocky Dhir about how these changes make it easier...
Gender Discrimination In The Workplace On Talking Confidence With Holly Caplan Podcast
Gender discrimination in the workplace is not an uncommon situation. I share my expertise on the subject with Holly Caplan on her podcast, Talking Confidence with Holly Caplan. Listen as I...
What Does It Mean To “Solicit”?
Many employers include a “non-solicitation” clause in agreements that they require employees to sign. These non-solicitation clauses usually prohibit an employee from, directly or indirectly,...
The Game Has Changed: Forced Arbitration Of Sexual Harassment Claims To End
With broad bipartisan support, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. President Biden is expected to sign this bill soon. The changes this...
Is This Retaliation?
One question we face a lot in litigating retaliation claims is whether an employee has suffered “an adverse employment action.” While deciding what kinds of things can be adverse employment actions...
Equal Pay: The Rate of Pay
How do you measure equal pay? Is it the employee's base salary? Or is it the employee's total compensation? A recent Fourth Circuit case, Sempowich v. Tactile Systems Technology, Inc., answered...
The Chicken or the Egg?
One of the most frustrating things right now for job seekers is that employers are screaming they cannot find enough employees. Yet, thousands of well-qualified people remain unable to find a job. ...
Employment and the Computer Fraud and Abuse Act
If you are lucky, you will go through your entire life without knowing what the Computer Fraud and Abuse Act (“CFAA”) is or how it applies to employment law. In recent years, the issue of what types...
Fix the Problem The First Time
When you know about a pay disparity, fix it before you get told by a court to fix it. Too often, a company knows of pay disparities between male and female employees. Yet, the company does not fix...
Get The Shot Or Get Fired?
President Biden issued an Executive Order compelling companies with more than 100 employees to require all employees to be vaccinated or provide proof of weekly negative COVID-19 tests. This also...
The Perils of Working Remotely
Many companies are now asking—or demanding — that employees return to work in the office. Many employees don’t want to go back. Employees loved the flexibility of remote work and not making long...
What Is Happening With Non-Compete Agreements?
A stubborn myth is non-compete agreements are not enforceable in Texas. Nothing could be further from the truth. New clients regularly tell me that the non-compete agreement they signed is not...
Sexual Harassment in Texas Now: What You Need to Know
Big changes to the law in Texas on sexual harassment become effective on September 1, 2021. These new changes have gotten surprisingly little publicity but make it easier to pursue a sexual...
Laws Requiring the Disclosure of Salaries: A Welcome Trend
Connecticut recently passed a law that will require employers to provide wage range information to employees and job applicants for their positions. This law becomes effective in October 2021. In...
What is Discrimination?
The EEOC recently sued Autos of Dallas, a luxury auto retailer in Plano, for race discrimination. At a holiday party, Autos of Dallas awarded its African American salesman a trophy that labeled him...
What Sayeth The Jury?
A little more than a year ago, jury trials screeched to a halt with the onset of the COVID-19 pandemic. Over the year, courts across the country grappled with when and how to hold jury trials...
What is Wage Theft?
Wage theft is one of the most common types of theft each year. Sadly, it is rarely prosecuted. A 2017 study by the Economic Policy Institute found the employees lose close to $8 billion each year...
Equal Pay: Substantially equal ≠ identical
Every pay discrimination case involves determining whether the jobs being compared are substantially equal. The Ninth Circuit Court of Appeals recently reminded everyone that when it comes to...
Health Insurance: Help has arrived.
The loss of health insurance benefits is one of the worst things about losing a job. Families often worry about how they will afford necessary medical treatment and pay for expensive prescription...
Religious Discrimination in North Texas
The EEOC recently obtained a judgment and injunctive relief against a North Texas healthcare provider for religious discrimination and retaliation. The facts are troubling. The owner of the...
But Your Husband Has A Job…
For decades, companies paid female employees less because "her husband has a job" or because a male coworker "has a family to support." Finally, a court called this pay practice what it is: blatant...
Racial Slurs in the Workplace
Discrimination takes many forms. One form is a hostile work environment created when an employee is subjected to racial slurs and a racially intimidating, hostile, or offensive working environment...
Equal Pay: It is Fundamental
The importance of equal pay just got a shout out in a recent Fifth Circuit case. The money quote is: “Equality of opportunity is fundamental to who we are, and to who we aspire to be, as a nation....
The COVID-19 Vaccines
With the first vaccines approved to fight the COVID-19 virus, many ask if an employer can require a COVID-19 vaccination as a condition of employment. The answer is complicated. The first place...
Goals Gone Bad
Most people are ready to see the end of 2020 and are actively looking forward to the new year. As with any new year, many people will be setting personal and business goals for 2021. I am a firm...
Check Yourself
This is a strange year. Normally, I’d be writing a blog that outlines the perils of the office holiday party. Not this year. It is safe to say that the office holiday party will not take place in...
Stop Joking and Start Leading
Stop Joking and Start Leading Dallas sportscaster Dale Hansen recently stepped into controversy when he made a bad joke about women’s pay. In an on-air conversation with meteorologist Pete Delkus,...
Blowing the Whistle on Tax Fraud
As the end of the year approaches, many companies proactively work to minimize their tax obligations. However, some companies take tax avoidance too far and move into tax fraud. In 2019, Congress...
Change The Law
If you do not like the law, change the law. Sometimes, badly drafted laws lead to an unjust outcome. When that happens, we need to change the law. Ruth Bader Ginsburg, the revered United States...