Our firm realizes that other than the death of a dear relative or divorce, being terminate can be one of the most emotionally and financially difficult challenges to surmount. When an employer bases its decision to terminate on a statutorily prohibited basis, you may have rights including but not limited to reinstatement, back wages, front wages, compensatory and punitive damages. To find out if the reasons or actions taken by your employer may afford you protection and remedies, call our office to speak with a qualified labor expert.

We represent employers and employees in a wide range of labor, employment, and employee benefits matters, including claims for wrongful discharge. Some of the underlying causes of wrongful termination claims include:

• Breach of an employment contract;
• Retaliation for filing a workers’ compensation claim;
• Retaliation for complaints regarding overtime and payment of wages;
• Violations of public policy;
• Whistleblower protection under state and federal law;
• Discrimination on the basis of age, race, sex, disability, pregnancy, sexual orientation, or other prohibited factors; and
• Discrimination/Retaliation under USERRA.

If you are an employer facing a wrongful termination lawsuit, you need a high quality, cost effective defense. If you are an employee that has been wrongfully terminated, you need aggressive and experienced representation. We can help.

Our firm handles employment law matters at all stages of a dispute from workplace investigations and prelitigation advice to litigation in state and federal courts. To contact an attorney at our firm about an employment law matter, call our San Antonio law office at (210) 354 2244 or contact us by e mail.

There are a number of different statutes which proscribe and prohibit discrimination based on a protected class status such as sex, national origin, race and religion. In addition to protections against discrimination and harassment based on your protected status in one or more of these areas, you may have additional rights and remedies under different statutes. If you believe you have been discriminated or harassed based on some protected status, we may be able to help. Call our office to speak with a labor specialist.

It is illegal for an employer to discriminate against an employee on the basis of age. In reality, age discrimination happens in workplaces all across the U.S. At the Law Offices of Russell Amsberry. LLC, in San Antonio, Texas, we handle discrimination cases under state and federal employment laws.

If you believe you have experienced age discrimination by your employer, contact our firm or call (210) 354 2244. We can help you determine if you have a claim and, if so, help you take appropriate legal action. We also represent employers in age discrimination claims.

Examples of Age Discrimination

State and federal employment laws make it illegal for employers to discriminate against an employee because of his or her age. Examples of age discrimination include:

• Denial of promotion
• Unequal pay
• Refusal to hire
• Failure to invest in the career development of an older worker

Older employees are often higher paid than younger employees. In an attempt to save money, many companies are choosing to lay off older employees before their younger and lower paid counterparts. Other times, companies seeking a youthful appearance will hire employees who fit that demographic.

In any case, discrimination against an employee based on age is illegal. It is important for any employee in this position to stand up against the discriminatory actions of their employer. This plays a part in improving workplace conditions for all employees across the employment spectrum.
Employers

If you are an employer who is faced with an age discrimination or wrongful termination claim, talk to an experienced attorney from our firm. We can quickly analyze the strengths and weaknesses of a case and develop a comprehensive approach to case management.

Employers with fifteen (15) or more employees are covered under the American with Disabilities Act (ADA). Shortly before President Bush finished his second term, Congress passed a sweeping amendment in 2008 to the original Act enacted under President George W. Bush. The ADA prohibit discrimination on the basis of actual or perceived disability and provides for an employer to make a reasonable accommodation in several instance when a disability is believed to exist. If you have been discharged, demoted or harassed due to a disability or perceived disability, call our office for a complimentary telephonic consultation.

Numerous state and federal laws prohibit employers from terminating or otherwise discriminating against employees who engage in conduct protected by public policy. Examples of conduct that may protected by state and federal law include:

• Reporting illegal activity by an employer or co worker;
• Refusing to engage in illegal activity by an employer;
• Reporting unlawful harassment;
• Reporting of unlawful discrimination;
• Reports conduct that is unethical, dangerous, or that affects public safety;
• Filing a workers’ compensation claim;
• Making complaints regarding overtime and payment of wages; and
• Whistleblowing under state and federal laws.

At The Amsberry Law Firm, we provide high quality legal representation for employers and employees in a wide range of employment law matters, including whistleblower claims and claims for wrongful discharge or retaliation in violation of public policy.

The attorneys at The Amsberry Law Firm have extensive experience litigating employment law claims in state and federal court. If you are an employer or an employee who needs an experienced employment law attorney for the negotiation or litigation of a whistleblower or public policy retaliation lawsuit, contact our law office in San Antonio, Texas.

There are numerous laws governing hours of work, pay and payroll deduction requirements, overtime, and employee compensation. These laws include the Fair Labor Standards Act (FLSA), the Texas Pay Day Act, and scores of federal and state regulations.

The Amsberry Law Firm represents employers and employees in a wide range of labor, employment, and employee benefits matters, including wage and hour and overtime claims.

The subjects of the wage and hour and overtime cases we handle include:

• Failure to wages or compensation;
• Improper deductions from wages;
• Failure to Pay Overtime for Time Worked;
• Misclassification of employees as independent contractors or as exempt from overtime laws; and Failure to Pay for “off the clock” work.

If you are an employer facing a wage and hour lawsuit, you need a high quality, cost effective defense. If you are an employee with a wage or overtime claim, you need aggressive and experienced representation. We can help.

At The Amsberry Law Firm, we represent clients in matters concerning noncompete agreements and trade secrets. If you are a business that needs to draft or enforce a noncompete agreement or protect your trade secrets, we can help. If you are an individual employee or executive seeking advice regarding noncompete issues, or if you are faced with allegations that you are in breach of such an agreement, we can help.

We work closely with clients to determine the issues that matter most to them. After carefully investigating a case and the options presented, we work with clients to devise a comprehensive approach to seek the best possible results in the most cost effective manner possible.

Russell Amsberry is an experienced Texas employment law attorney with extensive experience in drafting and reviewing employment contracts and noncompete agreements and in the litigation of employment law claims.

Assisting with FMLA Claims

The Family Medical Leave Act (FMLA) allows eligible employees to take time off for illness, to take care of sick family members, and to attend to other medical needs, including disability. Often, employees who have exercised their rights under FMLA experience retaliation by their employers through termination or other adverse actions.

If your FMLA benefits have been denied, or if your employer has retaliated against you after exercising your FMLA rights, contact us to explore your options. We offer a free consultation.
Understanding Your Rights as an Employee.

Under the Federal Medical Leave Act (FMLA), employers with more than 50 employees are required to grant employees up to 12 weeks of unpaid time off for the following purposes:

• Illness
• Pregnancy complications
• To care for a newborn baby
• To place a child for adoption or foster care
• To take care of an ill spouse, child or parent

In addition to being able to take a leave of absence for these purposes, employees’ jobs are also protected. Often, an employer will retaliate against or take some sort of adverse action against an employee who has exercised his or her rights under the FMLA. Upon returning from an extended absence, an employee may feel as though he or she is being treated unfairly or adversely; the employee may be forced to perform a new job; the employee may be demoted or fired; the employee may be denied certain benefits.

If your FMLA benefits have been denied, or if you have experienced any retaliatory action by your employer after returning to work, talk to an attorney. Our law firm can determine whether you have a discrimination or wrongful termination claim against your employer, and if so, help you take appropriate legal action.

As an employer attracting and retaining the best talent can make the different between having a competitive edge in your industry or witnessing a decline in market share. Our firm can assist you with preparing executive contracts that strike an effective middle ground between the company long and short term goals and ensured longevity and loyalty by sought-after executive talent.

Assisting in the Negotiation of Settlement Agreements

A severance agreement establishes the terms on which an employee will leave a company after job termination. After a layoff, many employees quickly sign a severance agreement without fully understanding the document’s terms and conditions. In some cases, no severance package is offered.

At The Amsberry Law Firm, we represent employees, managers, and executives in all legal matters relating to severance agreements. If you have been asked to sign a severance agreement, we can determine if the terms and conditions laid out are in your best interests. If you have not been offered a severance package, we can help you seek one.

Negotiating Severance Agreements

An employer may choose to offer a severance package to an employee to finalize the business relationship and avoid future litigation. An employee may not fully understand what the contract contains. Without this knowledge, an employee may sign away his or her rights, jeopardize future employment opportunities, and give up the right to file a claim against the employer.

The Law Offices of Russell Amsberry. LLC, can review your severance agreement and determine whether the terms and conditions it contains are in your best interests. If not, we will negotiate the terms of the agreement based on your individual needs.

If no severance package has been offered, we will negotiate directly with your employer to seek one. Financial stability following job termination may be dependent upon a severance agreement. We will negotiate an agreement with your employer that keeps your current and long term goals in mind. In addition to signing a severance agreement, you may also be asked to sign a non compete agreement or other executive contract. Before you sign any document relating to the termination of your employment, it is important to speak to a lawyer.

Helping Employees Seek Unemployment Benefits

If your unemployment application has been denied by your former employer, The Amsberry Law Firm can help. We can explain the unemployment appeals process and your options for seeking unemployment benefits even after your employer has denied your claim. Contact our law firm in San Antonio, Texas today to schedule a free consultation.

Determining Eligibility for Unemployment Benefits

Although the unemployment rate fluctuates, millions of Americans remain unemployed. Many of these individuals depend on unemployment benefits to meet their basic financial needs following job termination. When an application is denied, the question arises: Was the claim wrongfully denied, or was the employee simply not eligible to receive unemployment benefits?

Not all employees are eligible for unemployment benefits. Eligibility depends on a number of factors, including the reason for termination, employee status, and other factors. If your unemployment benefits claim has been wrongfully denied, you can seek to appeal the decision. You must act quickly though, as current law requires all appeals to be filed within fourteen days of a decision. Talk to an employment law attorney to find out more about the appeals process.

When thousands of dollars in benefits are on the line, it is important to have a legal advocate on your side ready to fight for your rights as an employee. The lawyers of Law Offices of Russell Amsberry. LLC skillfully represent clients in unemployment appeals.

The unemployment appeals process can be complicated and drawn out, involving complex procedural details before administrative law judges, Commissioners to TWC, and even District Court judges on appeal. Our firm has the experience necessary to drive the process and seek a successful resolution to your denied benefits claim

It is more important than ever for employers to investigate and resolve employment issues at the earliest opportunity. At The Amsberry Law Firm, we assist businesses and government agencies in employment investigations, including those involving:

• Employee misconduct;
• Discrimination;
• Harassment;
• Wages, overtime, and employee misclassification; and
• Employee benefits issues.

We work with our clients to undertake a thorough and efficient investigation of employment disputes, and we strive to provide practical solutions for workplace issues.

The founder of our firm, attorney Russell J. G. Amsberry, has close to 20 years of legal experience. He has successfully represented corporate clients, public agencies, and individual employees in a wide range of labor, employment, and employee benefits matters, from employment discrimination and harassment claims to wage and hour and employee benefits litigation in state and federal court.

If your company needs experienced legal representation for an employment investigation, contact our law office in San Antonio, Texas, for assistance.

Contact Us
For assistance with an employment investigation, call our San Antonio law office at (210) 354 2244. If you have a question about the legal services offered by our firm, call us to schedule an appointment or contact us by e mail. A lawyer or staff member will be pleased to assist with your questions.

Our firm provides as part of its services an assessment of a company’s existing policies and practices and will develop recommendations on how to minimize liability exposure. Our firm offers customized training for managers, supervisors, human resources, and executives on employment hot topics and assists in developing, drafting and implementing policies and practices to promote a positive work environment, minimize liability exposure and potential legal defense costs – if a claim is asserted by an existing or former employee.