Filing a Claim with the Texas Labor Board vs. an Employment Attorney
State and federal employment laws offer employees certain protections, such as a safe work environment that is free of harassment and discrimination. Workers must also be provided a fair wage, and wages must be paid in a timely manner. If any of these rights are violated, workers should file a claim.
Employee claims can be filed with the state or federal government, or with an employment attorney. Here, employment law attorney Dan A. Atkerson goes over the process of filing a claim with the Texas Labor Board vs. an employment attorney. We further help workers in Allen, Plano, Frisco, TX, and surrounding areas understand how these types of claims may be resolved.
Filing a Claim with the Texas Labor Board
When a worker’s rights are violated, they have a right to file a claim so that the situation can be rectified. Employees may also have the opportunity to take legal action, by filing a civil lawsuit. However, in most situations the state of Texas requires that workers first file a claim with either the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC).
To file a claim with the EEOC or TWC, employees must fill out the appropriate forms. Claim forms can be filled out online, or they can be printed, filled out, and mailed or faxed in. Claim forms must be filled out completely and writing must be legible. It is important that employees are completely truthful in the information they provide, as these are considered legal documents, and need to be sworn to and signed by either a TWC representative or a notary public.
When filing a claim, employees may provide any additional information that supports their claim, including copies of pay records or pay stubs or inter-office communications. After a claim is filed claimants will receive an acknowledgement letter verifying that the claim has been received and outlining the claim process.
Possible Claim Outcomes
After the EEOC or TWC has completed a claims investigation, they issue a ruling. If the claim is found valid, they may order the employee be given financial awards. Unless the ruling is appealed by either the employer or employee, this closes the claim.
Agencies may also determine that they are unable to conclude whether violations, discrimination, or other illegal activity has taken place. In cases such as these, the agency is likely to issue a “Right to Sue'' letter. If an employee receives a “Right to Sue'' letter, they have 90 days to turn the matter over to the civil court by filing a claim.
Making a Claim with an Employment Attorney
To file a claim in court, individuals should work with an employment law attorney. The attorney files appropriate paperwork with the court to pursue legal action against the employer. After a claim is filed, the defendant is notified and each side is given time to build their case. This is known as the discovery phase of a trial. To prove employment claims, Dan A. Atkerson and his team rely on a wide range of evidence, including pay stubs, employee reviews, workplace communication, and witness testimony.
While in the discovery phase, attorneys from the plaintiff and defendant may attempt to reach a pre-trial settlement. If a settlement is reached, the claim is closed. If opposing sides cannot agree to a settlement, the case goes to trial. Each side presents their case and the court determines whether or not the claim is valid and, if it is, what type of compensation is awarded.
Contact the Law Offices of Dan A. Atkerson
If you believe that your employee rights have been violated, attorney Dan A. Atkerson would be happy to review your case and assist you in filing the appropriate claim. To learn more about your legal options, contact our legal team online, or call our law firm at (214) 383-3606.