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Acccount manager sues orthopedic center for illegal employment practices

Houston resident Meseret Mesfin is suing the Reconstructive Orthopedic Center of Houston, claiming that it is guilty of unlawful employment practices in violation of the Fair Labor Standards Act and the Family Medical Leave Act.

According to the lawsuit, which was filed August 9th, Mesfin took medical leave for a serious condition with the consent of her employer on March 17, 2016. However, she was fired by her employer on March 30, while she was still out on medical leave.

Mesfin had worked as an account manager for the defendant since June 2014 for over 40 hours a week without getting overtime pay, the lawsuit added.

Consult with an employment attorney at The Melton Law Firm in Austin if you feel that your Texas employer has been unfairly treating you or has violated fair employment practices by calling our offices today at (512) 330-0017.

Texas company facing lawsuit over wrongful termination

The United States Equal Employment Opportunity Commission filed a lawsuit in the U.S. District Court for the Western District of Texas, Austin Division against Austin’s Park N Pizza, a Pflugerville-based amusement park, after the company terminated an employee based on his intellectual disabilities without attempting to provide any accommodations.

According to the legal complaint filed by EEOC, the employee in question suffered a traumatic brain injury as a child, leading to some mental impairments; however, he was able to work for the park for four years doing maintenance and custodial work.

It was only when the company implemented a new computerized timekeeping system that the employee experienced difficulty logging his hours. After noticing her son had not received payment in some time, the employee’s mother contacted the park and questioned the change, asking that they provide some alternative method of logging hours for her son. The company refused her request and later terminated the employee.

The attorneys at The The Melton Law Firm feel strongly that any form of discrimination is deplorable and should not be tolerated. If you have been the victim of this type of behavior in your workplace, our legal team can help you explore your legal options and take action to put a stop to this injustice. To discuss your situation with our attorneys, call us at (512) 330-0017 today.

Austin firefighters, city agree on resolution to change hiring process

After the firefighters’ union in Austin seemed to have won an impasse with the city over new terms for a hiring process and cadet training standards, a Department of Justice (DOJ) attorney issued a letter threatening that the resolution may send the DOJ back to court. Subsequently, the union issued an amended resolution, KXAN reported on February 5.

The DOJ cited concerns about the delay of priority hiring of minorities in the letter to the union. After the amended resolution was passed by Austin City Council members, the council urged the city staff to hire an outside agency to test cadets within the timeline outlined in the DOJ Consent Decree, but only after the Austin Firefighters’ Association and the city reach a new employment deal.

The city of Austin and the firefighter’s association had yet to establish a new employment deal since the old agreement’s terms lapsed in 2009. According to the resolution, Austin’s capacity for diversity and fair treatment in the fire department depends on ongoing, collective bargaining.

If an employer has willfully or unintentionally violated your rights as employees and you live in the Austin area, seek the legal assistance of our attorneys at the The Melton Law Firm, who may advocate for your rights, by dialing (512) 330-0017 today.

Appeals court finds for plaintiff in retaliatory firing suit, reversing lower court finding

The Fifth Circuit Court of Appeals in New Orleans recently reversed a district court decision in a lawsuit regarding Title VII religious discrimination and retaliation claims in a suit filed by plaintiff Lois Davis against Fort Bend County, Texas.

According to court reports, Davis started working as a desktop support supervisor for Fort Bend in 2007 and was supervised by Charles Cook, the information technology director. In 2010, Davis reported Cook for sexually harassing and assaulting her, which led to Cook’s resignation. After Cook resigned, Davis said Cook’s personal friend at the company, and another one of Davis’ supervisors, Kenneth Ford, began retaliating against her, culminating in her termination in 2011.

Davis filed retaliation and religious discrimination charges against Fort Bend after the event in the district court, which ruled that Davis failed to prove that her termination was an act of retaliation for her earlier complaints against Cook, or that Ford’s actions caused her suffering or embarrassment. The Court of Appeals ruled that religious discrimination could have occurred and that the lower court dismissed this claim irresponsibly.

The attorneys at the Melton Law Firm help clients who are discriminated against by their employers who reside in Austin or other areas of Texas. Call our offices today at (512) 330-0017 to discuss your own situation.

Texas Subway franchise sued for mandating payroll on prepaid debit cards

A Central Texas Subway franchise owner, Destiny Foods, currently faces a class action lawsuit filed by one of its employees, Jake Branson, for allegedly mandating employees to accept their paycheck via prepaid debit cards that accrue costly fees, FindLaw reported on May 25.

Branson said the franchise sent the employees a memo in April 2014 that told them that paper checks would on longer be issued, and employees would be paid on prepaid debit cards. According to Branson, he quickly realized that various activities involving the card charged him extra fees. Branson said Global Cash Card, the card vendor, charged a 50-cent fee to use the debit card at an automotive store and also charged him $1 to make a balance inquiry. A lawyer at the National Consumer Law Center asserted that employees should always have a choice regarding how they are paid.

Fortunately, there are legal protections put in place to ensure that employees get proper treatment at the workplace. If your employer in Austin mistreats you, our lawyers at the John Melton Law Firm may provide you with legal aid. Call our offices today at (512) 330-0017.

Man who sued Microsoft for wrongful termination awarded $11.6M

A civil jury in Austin, Texas found software giant and Fortune 100 company Microsoft liable for employment discrimination based on wrongful discharge and ordered the company to pay $11.6 million to senior sales executive Michael Merceica, who was found to have been the victim of a vindictive ex-girlfriend who was also his boss.

The three-year court battle focused on the defamation lawsuit lodged by Merceica against marketing consultant Tracy Rummel and the wrongful discharge suit filed against Microsoft in 2011.

The court discovered that Rummel, along with Merceica’s former girlfriend, his direct manager and the regional sales director, Lori Aulds, had spread a rumor that Merceica had sexually assaulted Rummel. However, rather than charging Merceica with sexual harassment, his managers instead created a hostile working environment for him.

If you have been the victim of injustice in your workplace, whether through discrimination, wrongful termination, or the creation of a hostile work environment in Austin, the experienced legal team at the John Melton Law Firm is ready to help. Call us today at (512) 330-0017 to learn more about what we can do for you.

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