Texas employment law


Employers are now held liable for the sexual misconduct of their employees. Sexual harassment in the workplace is unlawful and it also unlawful for from someone to retaliate against an
employee who has filed a complaint. Each business must develop and maintain a policy pertaining to sexual harassment and it must be distributed to every employee.

Either a male or female can be the harasser and the victim does not have to be of the opposite sex. The harasser can be a supervisor, co-worker or even a non-employee who is working in the same area as the victim. The definition of sexual harassment is defined as any un-welcomed sexual advances in return for advancement or employment.

Department of Unemployment Assistance Claims
The Department of Unemployment Assistance (DUA) administers the Unemployment Insurance program, providing temporary assistance to unemployed Massachusetts workers.

Generally, benefits are available for eligible workers who have become unemployed through no fault of their own, and who are able to work and are actively looking for a job. Specific earning eligibility standards must be met and are available through the DUA.

If you are fired - Massachusetts General Laws, Chapter 151A, governs the unemployment insurance program. According to the law, you may be eligible if you were fired for poor performance. However, if your employer can show that you were fired for deliberate misconduct or violation of a company rule, you may be disqualified.

If you quit your job - According to the law, if you left your job voluntarily with good cause (attributable to your employer) or for an urgent or compelling personal reason, you may be eligible. However, you must meet all the requirements of the law, including being able to work if a job were offered to you. If you are disqualified for any reason, you have the right to file an appeal, and to be represented by a lawyer.

Claim Appeal Process
If you have been disqualified from collecting unemployment insurance (UI) benefits, or if there is a determination that affects your claim, you have the right to request and be granted a hearing.

In most cases a hearing will be the only opportunity you have to personally present evidence in support of your claim for UI benefits. The review examiner, the person who conducts DUA hearings, will base the decision solely on testimony and evidence presented at the hearing. Therefore, it is important for you to prepare thoroughly for your hearing so that you can present the best possible case to support your claim.
At your hearing, you have the right to be represented by a lawyer.


Contact us today to learn more about how Martin Hochberg & Cianflone, PLLP can serve your legal needs.