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Austin Employment Litigation Attorneys

Rights of Employees and Employers

As in every state, employee rights in Texas are protected by law. When businesses violate or are accused of violating employees’ rights, it becomes necessary to hire an employment litigation attorney in Austin. At Howry Breen & Herman, we represent individuals and businesses in all manner of employment law issues. Our team of highly skilled and awarded attorneys have decades of jury trial experience and have tried thousands of cases. We represent individuals who are the victim of discrimination, workplace harassment, wrongful termination, and other labor law violations.

Discuss your case with a member of our team; call (512) 430-4844 or fill out an online contact form to request a free, confidential case evaluation.

Types of Employment Law Cases We Handle

Whether you been unfairly treated by an employer or you are facing untrue allegations from a past employee, our firm can help you navigate the legal process. We have experience handling a broad range of highly complex employment law issues and are not afraid to take a case to trial whenever necessary.

We can assist you with the following types of employment law issues:

  • Minimum wage violations
  • Failure to pay overtime
  • Meal and break violations
  • Wrongful termination
  • Discrimination
  • Harassment
  • Retaliation
  • Workplace safety violations
  • Family and medical leave issues

This list is not exhaustive. Our firm can help you with other employment litigation as well; contact our office to learn more or to discuss your unique needs with one of our Austin employment law attorneys.

Employee Rights in Texas

As mentioned above, certain employee rights are protected under Texas employment law. It is incredibly important that both employees and employers fully understand these laws so that they can avoid disputes and lengthy litigation as much as possible.

Texas and federal employment law protect employees from:

  • Discrimination on the basis of race, ethnicity, religion, sex, marital status, pregnancy, age, disability, genetic information, and national origin: Employers cannot discriminate at any point during the employee-employer relationship, including during job interviews, hiring decisions, firing, promotions, benefits, etc.
  • Harassment, including sexual harassment or any unwanted or unwelcome comments or actions based on a protected trait (as listed above): This can include the creation of a hostile work environment or an offensive workplace atmosphere that the employee must endure to obtain or retain a job.
  • Wrongful termination, including firing on the basis of religion, sex, gender, race, disability, or any other protected trait: Although Texas is an at-will state, meaning employers are free to fire employees for almost any reason, they cannot terminate employment for discriminatory reasons. They are also not allowed to fire employees in retaliation.
  • Unfair wages, including wages below the Texas/federal minimum wage of $7.25 an hour: Employers must pay employees the highest minimum wage allowable under law, though there are some exceptions. If an employee makes enough tips to bring his or her hourly wage up to the federal minimum wage, an employer may pay less per hour.
  • Hour law violations, including failure to pay the overtime rate of time and a half whenever an employee works more than 40 hours in one week: There are exceptions to this, however. Salaried employees, including managers, are typically exempt from overtime law. Additionally, employees have the right to regular breaks which are dependent on the hours worked.

This is not a comprehensive list of employee rights in Texas but rather an overview of the employment laws that are most commonly violated. Employers may also be required to provide employees with unpaid time off work for military service, family leave, jury duty, and voting.

Speak with an Experienced Litigator

Every case is different. Because of this, it is important that you discuss your unique situation with an employment litigation lawyer in Austin as soon as possible. At Howry Breen & Herman, we take the time to meet with you, learn about your circumstances, and understand your particular goals. From there, we are able to build a strong case on your behalf. We understand what’s at stake. Our team is prepared to aggressively advocate for you and your rights.

Call (512) 430-4844 or fill out an online contact form to schedule your free initial consultation today.

  • Howry Breen & Herman is proud to have been nominated as “America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, ®, which is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements.
  • Howry Breen & Herman is proud to have been nominated as “America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, ®, which is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements.
  • Best Lawyers in America
    The Best Lawyers in America® recognizes top legal talent throughout the U.S. via a rigorous peer-review process. At Howry, Breen & Herman, we are proud to have several attorneys who have earned a place in The Best Lawyers in America® list.
  • Best Lawyers 2018
    Inclusion in Best Lawyers, the oldest and one of the most highly regarded legal peer-review publications, is regarded by both attorneys and clients as an extremely high honor. Our firm is proud to have multiple attorneys selected for this honor.
  • Top 50 US Verdicts All Practice Areas Texas 2017
    Our attorneys were honored by for recovering one of the Top 50 Verdicts in Texas in 2017. This is an honorable distinction, reserved for those attorneys that achieve the highest settlements and verdicts in the state.
  • Best Lawyers Best Law Firms US News 2016
    Howry, Breen & Herman is proud to have been selected as one of U.S. News’s Best Law Firms. Law firms are selected for inclusion in in this prestigious ranking based on a series of quantitative and qualitative criteria.
  • Multi-Million Dollar Advocates Forum
    Several of our attorneys are members of the Multi-Million Dollar Advocates Forum, a renowned legal organization whose membership is restricted to trial attorneys who have achieved seven-figured settlements and/or jury verdicts.
  • The National Trial Lawyers Top 100
    A number of our lawyers are invited members of The National Trial Lawyers – Top 100, a highly respected legal organization that limits its members to trial attorneys who have been nominated by their peers and met strict qualification requirements.
  • Multi Million Dollar Advocates Forum
    We are proud to have numerous attorneys who are members of the Million Dollar Advocates Forum. In order to become a member, an attorney must demonstrate that he or she has successfully achieved at least one six-figure settlement or jury verdict.
  • Top American Lawyers
    Membership in Top American Lawyers is limited to only 1% of all attorneys in the United States. We at Howry, Breen & Herman are proud to have a number of attorneys who have been accepted as members of this exclusive organization.
  • AV Preeminent
    Martindale-Hubbell® is widely regarded as one of the most renowned peer-review rating organizations in the legal field. Several attorneys at Howry, Breen & Herman have achieved the organization’s highest distinction of AV Preeminent®.
  • Super Lawyers
    Each year, Super Lawyers® magazine publishes its list of peer-nominated/evaluated and independently reviewed attorneys. We are proud to have several attorneys who have been selected for inclusion in the prestigious Super Lawyers® list.
  • Texas Monthly Top Attorneys - Sean E. Breen
    Top Attorneys As Published In Texas Monthly
  • America's Top 100 Personal Injury Attorneys
  • Business Tort Top 10 Trial Lawyers
  • The National Top 100 Trial Lawyers
  • Best Lawyers 2019
  • Top 100 High Stakes Litigators
  • Lifetime Achievement Award
  • Best Lawyers - Lawyer of the Year | Personal Injury - Plaintiffs
  • Best Lawyers - Lawyer of the Year | Litigation - Trusts & Estates
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  • "They gave me hope and then delivered!"

    - C.G.

  • "Thank you for helping my father through his case!"

    - J.H.

  • "I could have not found more caring people!"

    - M.A.

  • "We are so grateful they believed in us and partnered with us to handle this case!"

    - J.K.

  • "We were always one step ahead!"

    - R.G.

  • "They are true trial attorneys!"

    - W.C.

  • "I knew I had the very best trial attorneys I could have found."

    - E.A.

  • "I always felt confident in Howry Breen & Herman and knew I could trust them."

    - J.M.

  • "We are so grateful for all the help and support we received!"

    - G. & J.P.

  • "They were so fierce and tough with the other side while being so caring towards my family."

    - R.B.

  • "I greatly admired their advocacy and professionalism!"

    - S.A.

  • "It was like having true friends as my attorneys!"

    - C.B.

  • "Definitely recommend, they are the best."

    - J.R.

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