Questions About Your Rights? We Have Answers.
Below are a few questions commonly asked by our clients.
Who should I report workplace harassment to?
Harassment in the workplace creates a hostile work environment and should not be tolerated. Your employee handbook may say that the first step is to report harassment to your human resources department. However, we urge people to contact an attorney first to protect themselves from potential retaliation. If the harassment does not stop, our firm can be an advocate for your rights.
How do I make sure my rights are protected during a police traffic stop?
The law enforcement officer needs probable cause to pull you over, and they should tell you why you got pulled over. Police also need probable cause to search your vehicle. To minimize the chance of a confrontation, you should follow the police officer’s directions, including getting out of your vehicle if the officer asks you to. Cooperation is key, so be ready to show your license and registration.
You do have the right to record the stop with your phone. If you are taken to jail by law enforcement, remember that you have the right to remain silent. If you feel that your rights may have been violated, call us for a consultation.
What are my rights when my company is terminating me, giving me 72 hours to sign a severance agreement?
First of all, if the severance agreement has language regarding such things as confidentiality policies, noncompete agreements or liability of the company or employee, you need to have it reviewed by an attorney.
Second, if you are over 40, the Older Workers Benefit Protection Act gives you 21 days to sign a severance agreement. If you already signed the agreement, Texas law guarantees you the right to revoke the signature within seven days of signing.
The bottom line is that this type of document is binding. To ensure protection of your rights, consult Ellwanger Henderson about the agreement.
What is considered a violation of civil rights?
Violations of civil rights include:
- Discrimination on the basis of membership in a protected class (such by race, gender or national origin) in housing, employment, school, voting rights, business dealings, health care and public spaces
- Mistreatment by law enforcement agents or authorities in jails or prisons
- Human trafficking and sexual abuse
- Denial of freedoms, such as the freedom of speech, religion or the right to assemble or protest
- Unreasonable search and seizure, denial of due process, denial of equal protection under the law
If you suspect that your civil rights were violated in these or other situations, request a free consultation with a civil rights attorney.
What is considered sexual harassment in the workplace?
Words and actions, such as unwanted touching or comments of a sexual nature, may be sexual harassment when they are severe or pervasive and continue even after a worker asks an offender to stop. Sexual harassment may be of a quid pro quo variety, such as when a supervisor asks for sexual favors in exchange for a promotion. Or, it may consist of behavior or conditions that create a hostile work environment. For more information, see our page on sexual harassment.
Get Answers And Guidance Today
No one should violate or keep you from exercising your rights. Our experienced and compassionate legal team at Ellwanger Henderson can help you.
Give us a call at 737-248-1321 or reach out to us online to schedule a free consultation.