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Security guard fired after attending son’s birth in New Hampshire

Lamar Austin, whose baby was born in Concord, New Hampshire this year, was terminated from his post after attending his son’s birth. At the time, Austin was employed as a part-time security guard with Salerno Protective Services.

According to Austin, he was not able to attend one shift in December because he had to accompany his wife, Lindsay, to a doctor’s appointment. His wife then went into labor on the night of Friday, December 30 and Cainan was born on Sunday, January 1. The birth caused Austin to miss his Friday and Saturday shifts. After that, Austin received a text message at approximately 1 a.m. of New Year’s Day saying, “As of now, you are terminated.”

Our attorneys at The Melton Law Firm provide legal services for our clients in Austin and other areas in Texas. We handle employment-related issues, such as wrongful termination, a hostile work environment, retaliation, and whistleblower offenses, among others. Call our offices today at (512) 330-0017 to learn more about your legal options.


U.S. EEOC files lawsuit against nursing home for disability discrimination

Marble Falls-based Granite Mesa Legend Healthcare and Rehabilitation Center fired a certified nurse assistant when he told the facility he was HIV-positive, the United States Equal Employment Opportunity Commission (EEOC) claimed in a lawsuit filed last Tuesday, October 4.

According to the lawsuit, Granite Mesa Health Center, Ltd. unlawfully required a medical examination of a member of the nursing staff after he disclosed he tested positive for HIV (human immunodeficiency virus). According to EEOC senior trial attorney Patrick Connor, “The limited avenues for transmission of HIV/AIDS (acquired immune deficiency syndrome) have long been understood by the medical and health care community. The employer here nonetheless made decisions based on unfounded fears and misperceptions rather than on correct, current medical knowledge about HIV infection.”

Employers have the responsibility of providing a working environment for employees that makes them feel safe – physically, mentally, and emotionally. However, in some situations, employers do not follow this basic tenet of common human decency and resort to the unfair treatment of their employees. If you face discrimination in Austin, call our attorneys at The Melton Law Firm today at (512) 330-0017 to see what we can do for you.


Wills Point woman files suit against city of Van

Wills Point resident Cathy McCoy filed a lawsuit on Thursday, July 14 in the Marshall Division of the Eastern District of Texas against the City of Van, claiming sexual harassment and wrongful termination.

According to the legal complaint that McCoy filed, the city subjected her to a hostile work environment, sexual harassment, discrimination, and eventually unlawful termination between May 2014 and July 2015. McCoy said after a training officer sexually harassed her, the City of Van refused to transfer her to a new training officer. She was therefore exposed to a hostile working environment every day for the duration of her employment. The city fired her after claiming that she did not have the ability to complete her training, McCoy claimed. McCoy is suing for emotional pain, inconvenience, mental anguish, loss of wages, and loss of enjoyment of life.

The employment attorneys at The Melton Law Firm handle employment concerns and problems such as hostile working environment and wrongful termination cases. To learn more about your legal options and rights or to discuss your situation, speak with our attorneys by calling our Austin offices today at (512) 330-0017.


Fired APD officer sues for wrongful termination

Former Austin Police Department Officer Blayne Williams, who was fired from the force in 2015, is appealing his termination, claiming that he was fired for filing a discrimination complaint against the department.

In his lawsuit filed on Thursday, April 28, Williams says that his termination from the police force is unjust because he was not informed of complaints filed against him, which is a requirement of the civil service. He also attributes his termination to a discrimination complaint he lodged against the police department in 2011, saying he felt he received different treatment than his white counterparts. City of Austin spokesman Bryce Bencivengo said that the city stands by Police Chief Art Acevedo, noting “We are prepared to defend Chief Acevedo’s decisions, which were upheld by an independent hearing examiner.”

If you are experiencing employment issues in Austin, such as a hostile work environment, wrongful termination, a wage dispute, or discrimination, the attorneys at The Melton Law Firm may be able to help you with your situation. Call our offices at (512) 330-0017 to see what we can do for you.


Landry’s restaurant files petition to arbitrate wrongful termination suit

Houston, Texas-based restaurant chain Landry’s Inc. has filed a plea of abatement on June 25, 2015 to abate a wrongful termination claim filed by Houston resident and former Landry’s employee Joseph Hoffman on April 9, 2015 in Jefferson County District Court, which, according to Hoffman, was a retaliatory action for a workers’ compensation benefit claim he filed in April 2014, court records showed.

According to the filed plea of abatement, the lawsuit should be abated due to the right of arbitration set out in the contract between the employer and the employee when the employee first accepted the job with his employer.

If you have been mistreated in any form in your workplace, may it be from your employer or co-workers, you can seek justice by calling our attorneys at The Melton Law Firm in Austin. Call us at (512) 330-0017 to talk to our skilled lawyers about your case today.


Uber driver terminated after pulling gun on passenger in defense

Uber driver Deven Garza said that he was fired after he brandished a firearm to protect himself from a passenger who was trying to attack him in Austin, Texas.

Garza, a concealed handgun licensing and former military policeman, joined Uber in May 2015. According to reports, he picked up a couple at Uncle Gary’s Bar in Pflugerville on Monday, July 20. Garza said the two told him to go to Round Rock but couldn’t agree where exactly.

He proceeded to drive onto the toll road towards Round Rock. The two got upset with him and the male passenger grabbed Garza’s shirt. Garza reached for his gun to protect himself, and, according to him, the male passenger tried to grab the gun. Garza accidentally fired the gun, just missing the gear shift and the steering wheel.

Garza said he reported the incident to Uber and the police right away but he was informed that his employment would be terminated. Garza said he plans to contest Uber’s decision.

Texas state and federal laws provide Texans with a myriad of employee protection laws, so if you feel that your welfare had been maligned in the workplace or you have been treated unfairly, do not hesitate to seek the legal help of our attorneys at The Melton Law Firm in Austin by calling our offices today at (512) 330-0017.


Six sue Lake Charles Wal-Mart for wrongful termination

Six plaintiffs filed a lawsuit against Wal-Mart in Lake Charles, Louisiana, claiming they were wrongfully terminated based on their race and age, despite their long-term experience working for the company, Market Watch reported on June 26.

Ironically, the lawsuit was filed days after Wal-Mart decided to pull out all products containing the Confederate flag from its shelves due to racial tensions surrounding the symbol.

According to the lawsuit, the Lake Charles’ store manager Leah Loerwald practices discrimination among the staff. Loerwald was also proven guilty by a jury in a previous discrimination case. Instead of firing her, Wal-Mart transferred her to the Lake Charles store.

Workplace discrimination should never be tolerated. If you have been singled out at work due to your race, gender, age, or another factor, the legal team at The Melton Law Firm in Austin may fight on your behalf in court. Call our offices at (512) 330-0017 today to begin taking action.


Texas court rejects wrongful termination suit of football coach

The appeal claim of wrongful termination by Michael Charles “Mike” Leach against Texas Tech University was recently rejected by the Texas Supreme Court, according to NBC DFW on May 9.

The 7th Texas Court of Appeals sided with the lower court in November 2014. The Supreme Court’s denial of Leach’s appeal on May 1 upholds those previous decisions.

Leach’s legal counsel, said he plans to discuss new legal responses to the circumstance at hand with his client, who is now a football coach at Washington State University.

Texas Tech fired Leach over allegations that he mistreated a player, which led to the student suffering a concussion. Leach claimed that the boy’s father, former ESPN broadcaster Craig James, incited these allegations. According to court documents, the university only fired Leach after he went to the media.

The attorneys at The Melton Law Firm in Austin represent those who have been wrongfully terminated or discriminated against at work. Contact us today at (512) 330-0017 today to discuss your legal options and begin taking action.


Former credit union branch manager sues over wrongful termination

Sugarland, Texas resident Roxanne Johnson, who worked as a branch manager at Texas Dow Employees Credit Union’s Rosenberg location beginning in 1996, filed a lawsuit against the company with claims of racial discrimination against her in 2014, the Southeast Texas Record reported on April 30.

The complaint stipulates that Johnson received positive performance reviews during her tenure as branch manager and was not issued any disciplinary actions regarding her work ethics. Despite this, the company promoted a Caucasian employee who had been with the company for fewer years than Johnson on July 1, 2014. That same manager terminated Johnson on July 10, 2014 for perceived “forced balancing.” When she collected unemployment, Johnson found out that this was not the official reason she was fired.

According to the lawsuit, the company failed to present evidence of formal decision making, policy or documents that justified Johnson’s termination.

The attorneys at The Melton Law Firm in Austin know that employees are often vulnerable to mistreatment and discrimination by their employers. Although you may feel powerless, there are methods of legal recourse that can hold your employer accountable. Call our offices at (512) 330-0017 today to learn more.


Religious truck driver terminated from his post

Rio Grande Valley, Texas resident and veteran truck driver Ramiro Olivarez claimed he was fired from his position as a truck driver by his employer, Falfurrias-based On Point Services, for repeatedly writing “Jesus” as the name of his co-pilot, the Daily Mail reported on February 14.

The company uses this paperwork to validate performance records. Olivarez said that he was not asked to stop doing this prior to dismissal. Olivarez, who has written “Jesus” in as his co-pilot for his entire career, asserted that he would have complied with his employer’s order to stop doing this if any order had been given.

Olivarez’s termination papers said he broke federal and state laws by repeatedly using the name “Jesus” as the name of his co-pilot. Olivarez was also accused of submitting incomplete documentation and falsifying legal documents.

If you have been the subject of a wrongful termination by your employer in Austin or other areas in Texas, get in touch with our attorneys at The Melton Law Firm by calling our offices today at (512) 330-0017 to learn how we may advocate on your behalf.

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2705 Bee Caves Rd #220
Austin, TX 78746
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