Stephen Lewis Townsend’s Answers

Stephen Lewis Townsend

Beaumont Personal Injury Lawyer.

Contributor Level 5
  1. My employment was terminated for taking some time off to recuperate from a work-sustained injury. The employer claimed that I qu

    Answered almost 2 years ago.

    1. Stephen Lewis Townsend
    1 lawyer answer

    Wrongful termination in Texas can occur if you are fired after seeking Worker’s Comp benefits. Did you begin the Worker’s Comp process for your work sustained injury? Also, FMLA leave may apply to your situation. Once you needed the time off to recuperate, if you qualify for FMLA, then you may have been required to be notified of your FMLA rights. The EEOC is correct. They will not be able to help on the Worker’s Comp retaliation or FMLA. If you feel this is based on your race, gender,...

    3 lawyers agreed with this answer

  2. Do I need an employment lawyer?

    Answered almost 2 years ago.

    1. Stephen Lewis Townsend
    2. Shaun Carl Southworth
    2 lawyer answers

    If you are not employed under contract or part of a union, there may not be much you can do to get your job back. If the threats are of a nature that attacked your age, gender, race, national origin, or religion, you may have a discrimination claim. If you feel that is the case, you need to contact the Equal Employment Opportunity Commisison (EEOC). If the threats were violent, there may be other causes of action. Texas is at will employment, meaning you can quit or be fired at any time....

    2 lawyers agreed with this answer

  3. Do I have any rights concerning maternity leave?

    Answered over 2 years ago.

    1. Stephen Lewis Townsend
    1 lawyer answer

    The amount of employees is important. The Pregnancy Discrimination Act (PDA) makes it unlawful to discriminate based on pregnancy. It is included as a gender/sex discrimination under Title VII. Typically, Title VII applies to employers with over 15 employees. Are you sure there are less than 10? Are there some employees on the payroll that do not show up to your location? FMLA also protects employees, but based on your description, you would not qualify. To be elligible for leave...

    2 lawyers agreed with this answer

  4. What should I do if. I feel like my attorney is working for the other side if he is not considering the my former employer has

    Answered over 2 years ago.

    1. Stephen Lewis Townsend
    2. Maurice Arcadier
    2 lawyer answers

    I agree with Mr. Arcadier's answer. I would only add that there may be some communication issues between you and your attorney. Your attorney works for you and has your best interests in mind. When the attorney and client seem to be on different pages, communicaiton may be lacking on both ends. The best way to remedy this is to meet with your attorney and voice your complaints, questions, needs, etc. There may be legal reasons why he is doing what he is doing, but he has not relayed them...

    1 lawyer agreed with this answer

  5. My law firm is adamant that since the EEOC dismissed my disability discrimination claim I cannot sue for discrimination.

    Answered over 2 years ago.

    1. Stephen Lewis Townsend
    2. Stuart M. Address
    2 lawyer answers

    Typically the EEOC will give you a right to sue letter when they are done investigating the claim or if they do not want to proceed with the claim. Did you receive a right to sue letter? The EEOC does not pursue many cases on the whole, as they are overworked and understaffed (judging from the conversations I've had with them). I'm not sure what you fully mean by the EEOC dismissed your claim, but if it was their notification that they cannot complete or are terminating the investigation...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Do i need legal representation?

    Answered almost 2 years ago.

    1. Stephen Lewis Townsend
    1 lawyer answer

    Without knowing all of the facts, I would recommend seeking legal representation if you are going to be prosecuted for a felony.

  7. Can proof of sexual and verbal harrassment be relevant to my Tribunal Hearing based on "Misconduct" from my former employer?

    Answered almost 2 years ago.

    1. Stephen Lewis Townsend
    1 lawyer answer

    By tribunal hearing, I assume you mean unemployment hearing. That proof could be relevant to your unemployment hearing. You may also have a discrimination case, which is different from the unemployment claim. If you were harassed and discriminated based on your gender you may have a discrimination claim. If you complained of it, and they fired you in retaliation of it, then you may have a retaliation claim. In order to pursue these discrimination claims, you need to contact the EEOC.

  8. I have a question my boss humilated me by postin this on my facebook page were everyone could see it...

    Answered almost 2 years ago.

    1. David J. McCormick
    2. James Lawrence Magazine
    3. Stephen Lewis Townsend
    3 lawyer answers

    Very little facts. What was posted would be important to whether it was slander. I agree with the post on notifiying your HR department. I would caution you that, if your company has a policy against facebook, or misuse of computers during worktime, you may make sure you are not in violation, as in your facebook posting shows activity during work hours.

  9. Workplace discrimination only, or also libel and fraud?

    Answered almost 2 years ago.

    1. Christine C McCall
    2. Stephen Lewis Townsend
    2 lawyer answers

    To expand on Christine C McCall's excellent analysis, unfortunately in Texas an employer can issue a warning full of lies. Proving it may help your unemployment claim, but unless there is an underlying issue of discrimination based on race, gender, age, national origin, or religion, you will not be able to bring a suit. We see employees treated unfairly a lot, but seldom does it rise to discrimination or some sort of libel. Sometimes it is a symptom of other unlawful discrimination (i.e....

  10. My boss has called me a child molester because of my involvement with the childrens ministry at my church. Is this legal?

    Answered over 2 years ago.

    1. Stephen Lewis Townsend
    1 lawyer answer

    Federal and State laws protect employees from unlawful discrimination based on race, age, gender, national origin, and religion. Since Texas is an employment at will state, you can quit or be fired for any reason except for the protected ones. If you feel like you are being discriminated or harassed because of your religion, you need to contact the EEOC and file a complaint. If the boss is telling others that you are a child molestor, it could be defamation. Limited to the facts you...