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Fraud Alert Issued for Texas For Profit Proprietary Schools
An investigation recently found that for-profit colleges, also called proprietary colleges, are devising scrupulous recruiting practices that target single parents and low-income wage earners. These colleges then rake in federal funding by inflating their tuition costs to receive Federal Student Aid and Pell Grants.
For-profit colleges’ are growing rapidly because two-year community colleges are becoming more and more over-crowded. The National Association of College Admission College issued a Higher Education Act Fraud Alert through reports that were made by Government Accountability Office.
GAO’s investigation found that at 15 of the schools they investigated, for-profit college recruiters inflated the numbers that potential students could be earning after graduation, what ere found to be exaggerated, unrealistic potential salaries. They also found that a typical for-profit massage therapy certificate tuition was $14,000, as opposed to a mere $520 at a community college, according to their investigation.
“If you think that you have been defrauded by a for-profit school by misrepresented facts and accreditation status, seek legal counsel,” said Ty Gomez of Gomez Law Group of Dallas. “
Undercover agents found not only defrauding and other unscrupulous practices, but also aggressive marketing tactics. Recruiters were found to pressure student to sign enrollment contracts even before speaking to a financial aid advisor and often confusing them about the true cost of their programs. As soon as some of the GAO officers registered an online application, no later than five minutes after did they begin to receive phone calls that bombarded them all into the day and night by the for-profit colleges.
GAO presented their findings to a Senate Education Committee in August and heard from witnesses that said they were harassed from relentless phone solicitation from these for-profit colleges.
It is believed that the federal funds that the for-profit colleges receive are used for aggressive marketing strategies. It has also been revealed that sometimes the college credits earned from these for-profit schools are not transferable and not even recognized under the national Accrediting Council for Independent Colleges and Schools because many schools disregard this rating and will not recognize the credits received from these for-profit schools.
Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.
Do Not Be Surprised If Employers Fire Over Facebook Statuses Warns Dallas Attorney
With all the news covered about family law cases and employment law cases where social networking sites are used as evidence, federal authorities have deemed it illegal, in a first case of its kind, to fire someone over posts they made on their Facebook account concerning their employer or workplace.
In one employment case, a woman who worked for the American Medical Response of Connecticut was fired for making disapproving comments about her supervisor on her Facebook page. Dawnmarie Souza, an emergency medical tech, was allegedly fired for criticizing her employer on Facebook. In response, the National Labor Relations Board stated that it was illegal to fire her over her comments on her personal Facebook page because she was communicating with her co-workers on her own time and off-site.
However, American Medical Response of Connecticut had a written employee policy that says that no employee can talk about the company or its supervisors on the Internet in any way. NLRB claims that this policy is therefore unlawful.
“Don’t be surprised to find more of these types of cases because of more and more people using Facebook and other social media as their daily interaction with friends and families,” said Ty Gomez of Gomez Law Group of Dallas.
The complaint was filed Oct. 27 by the NLRB’s Hartford, Conn., regional office. It is thought that this case can set a precedent for employers to think twice for firing or retaliating against their employees who use their social networking sites on their own time to share incidences or opinions about their working conditions.
The incident started when Souza had to prepare a response to a customer’s complaint about her work. NLRB said Souza was unhappy because her supervisor would not let a representative from the Teamsters help her prepare her response. Souza therefore logged onto her Facebook account from her home computer and commented about her experience, to which her colleagues responded in support of Souza.
Federal labor law has long protected employees from retaliation or reprisals from employers against their employees who talk among themselves about work and work conditions (even when employees aren’t protected by their union) on their own time, and NLRB’s stand is that Souza’s comment on Facebook is protected speech under federal labor law. A hearing is scheduled on Jan. 25 and to be heard by an administrative law judge.
Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.
A Texas Mother Sues Bayshore Hospital for ER Care Resulting in Brain Injury in Daughter
Two doctors, two registered nurses, C/HCA Inc., and Bayshore Hospital are being sued by Taneisha Woods on behalf of her daughter for their alleged part in the daughter’s brain injury.
Woods claims that they were responsible for mistakes made that deprived her daughter – who was a toddler at the time on Nov. 9, 2008 – of hours of much needed oxygen. The doctors, nurses and hospital have been charged for negligence because Woods’s daughter now suffers from a seizure disorder and hypoxic ischemic brain injury from prolonged lack of oxygen to the brain.
The was case filed on Nov. 10 in Harris County District Court, Case No. 2010-74796. It is reported that the child was left alone with the mother for hours after the medical staff had treated her inability to breathe with a breathing treatment. Three hours after the Woods’ daughter was brought to the hospital, she was finally stabilized, but only after a nurse who came to check the child’s progress found that the treatment they administered hours earlier did not work.
According to reports, the 18-month-old’s oxygen level had dropped tremendously, noting respiratory distress. Dr. Miller was called to the room but did not get involved until 30 minutes later. Dr. Muncy, an anesthesiologist, was finally able to open the child’s airway three hours after she was originally admitted. Fortunately, the child survived the medical ordeal, but not without permanent damages.
“We often trust the doctors and nurses to look after our loved ones when they are in medical distress, but medical negligence is inexcusable and displays a lack of professionalism,” said Ty Gomez from Gomez Lawyers Law Firm in Dallas. “People shouldn’t have to suffer unnecessarily as a result of negligence, especially when it all could have been prevented.”
Woods will be asking for compensation for her daughter’s condition from physical disfigurement and impairment to medical expenses and other compensatory combinations as a result alleged medical negligence. Woods will also be asking for punitive damages. Her Attorneys Monica C. Vaughan and Julie Mayes Hamrick, of Houston, are requesting a jury trial.
If you think you or a family member has suffered injuries due to medical negligence, contact a qualified and experienced lawyer immediately.
Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.
Tricky business disputes need finesse or legal assistance to settle
Running a business has its ups and downs. Disputes are bound to arise from time to time.
“In any business, even though the people running it are partners, and perhaps friends, anything can and does happen. While they may agree on the day-to-day running of their venture, they may not agree on the smaller details that make up the larger picture. Most businesses would do well to have mediation and conflict resolution options to help them solve such disputes when they do happen,” said Ty Gomez, a Dallas employment and business lawyer.
Sometimes, a dispute starts with something seemingly innocuous that someone else may take the wrong way. Some of the more common reasons for workplace disagreements involve discrimination – which may come in the guise of age, disability, marital status, race or sex – a difference of opinion over payment or one’s salary, misunderstandings about maternity leave or even an unfair dismissal.
It’s not just internal disputes that an owner has to deal with, as they may also face business-to-business differences of opinions. That’s not too hard to understand, given the nature of the global business community these days. Many B2B relationships are complex entities and involve different cultures, as well. Negotiations can be delicate and one wrong step can bring the whole house of cards tumbling down.
“Generally speaking, disputes that arise on this level are not just personal differences of opinion; they are larger and involve serious issues. In cases like that, the parties usually need either professional mediation or a good business lawyer to sort things out,” Gomez said. Then too, the same may be said of partners getting into a dispute over philosophical differences. These kinds of disputes may come up due to one partner wanting a change in direction the other one isn’t amenable to or they could arise as a result in disagreeing over the hiring procedures for a new manager.
Perhaps the most serious types of disputes tend to involve breach of financial agreements and/or breach of contract. These are severe rifts, as contracts are legally binding and one way or another, they must be adhered to for the good of the participants and the company.
Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.
Proper wage classifications are crucial
The Internal Revenue Service is cracking down on wage and hour compliance for 2010. Watch for increased investigations and fines.
It seems that each year, the IRS has an issue to pursue that is near and dear to its heart. This year is no exception, with the laser-like focus on wage and hour compliance. Businesses need to be alert for this issue and also be aware that the IRS and the Department of Labor are just two avenues of enforcement that may be in place this year. Others may include state or local tax agencies interested in enforcing the rules and regulations in the area.
The biggest problems generally relate to things such as proper classification, differences between federal and state regulations and not applying wage and hour rules properly. “There are two big classification errors that generally occur,” said Ty Gomez, a Dallas employment lawyer and business lawyer. “The first one is usually the independent contractor versus employee mistake. Internal Revenue has rigid laws about who is legitimately classified as an independent contractor. If you have wrongly classified a worker, you could face crushing penalties and intense scrutiny.”
On the other side of the coin is the exempt versus non-exempt status classification. First of all, the worker needs to be an employee. Next is the determination of whether or not he or she is an exempt worker. “This means a person exempt from minimum wage and overtime regulations and other wage and hour requirements. To be exempt, the worker must meet the Fair Labor Standards Act (FLSA) requirements. If you don’t get this one right, once again, there are stiff penalties,” Gomez said.
“Not every state has the same standards as those in the FLSA, so it’s best to consult with an experienced Dallas business lawyer to find out what you need to know. For example, in just about every situation where a federal and a state law differ, the employer makes an attempt to follow the rule most beneficial to the employee,” Gomez said. If the federal minimum wage is $6.75 per hour and in Florida the current state minimum wage is $7.75, companies must say the minimum wage is $7.75 because it is better for the workers.
What this ultimately means is that people need to know what the state’s specific wage and hour regulations are and how to apply them. “For instance, in Texas, the minimum wage law doesn’t have dollar minimums. The State adopts the Federal minimum wage rate by reference,” Gomez said.
The last major category that employers tend to get wrong is improperly applying wage and hour rules. There are so many regulations that can be misapplied, it would be impossible to cover them all. There are more than enough to confuse any businessperson who isn’t familiar with them. For instance, errors tend to happen with final pay, improper deductions from paychecks, overtime, minimum wage, reporting time pay, call back pay, meals and rest periods, on-call time or standby time and training and travel time.
“As you can see, this is not an easy area to keep up-to-date on and it’s best to consult with a Dallas business lawyer who deals with material like this every day. If you get on the wrong side of the rules and regulations, you’ll have a lot of grief getting it sorted out,” Gomez said.
Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.
The key to avoiding employment disputes is doing it right the first time
In order to avoid disputes at work, it’s best to have proper employment agreements, procedures and policies in place.
Those who have been in business for a fair length of time appreciate the old saying that if something is worth doing, it should be done right to avoid problems later. There is no truer saying in business than this one. It’s typically the best approach to any products and services provided, but also perfect for the staff and management who will have procedures and policies in place to support them. Any time proper procedures and policies are in place, chances are there are far fewer employment disputes.
“Running a business by the seat of your pants isn’t the best way to be successful, so it’s prudent to have relevant employment agreements, procedures and policies in place to act as guidelines. There also needs to be processes in place to follow when managing others. You may very well be the company expert of your products or services, but chances are you aren’t an expert on employment law, etc. For that kind of expertise, you need to consult with a seasoned Dallas business lawyer,” said Ty Gomez, a Dallas employment lawyer and Dallas business lawyer.
It is vital for any business to keep current on what is happening with employment law in the state and to that end, consulting with a lawyer with experience in this area only makes good sense – good financial sense – because if things are not done properly, legally and correctly, employment disputes may cost the company a lot of money.
You can find employment agreements online, but they are generally generic and may not take into account the contract law in the state where your business conducts business. Generally speaking, they may not fit your situation, which may mean legal problems later,” Gomez said. There are a number of other things that need to be in an agreement, and missing any one of them may lead to problems that could have been avoided. To learn more, visit http://www.gomezlawyers.com.
Non-compete agreements may be enforceable
There is a great legal debate about whether or not non-compete agreements are enforceable. The answer is: sometimes they are.
“If you’re offered an executive level job and salary and other issues are under negotiation, get an experienced Dallas business lawyer to assist you,” said Ty Gomez, who writes for the Dallas based Gomez Law Group. “Don’t sign anything until I get a look at it, because if the documents contain things that may be contentious later, it’s best to iron those issues out before you start work.”
“Let’s say you have your offer in hand and have the usual period of time to think it over. This is the perfect moment to bring it to our office and go over the documents. If you are being offered a VP position, there are many things to consider, such as performance clauses, golden parachute options and non-compete clauses. All of this should be checked with a fine-toothed comb,” Gomez said.
One of the first flags that should go up when anyone is offered a VP position (or higher) is if they are asked to sign anything other than a laundry list that lays out the compensation for the position. Any documents that are handed over, with the expectation that the individual will “just sign them,” need to be vetted by a seasoned Dallas business lawyer. “It’s better to have a legal review prior to signing something that may come back to haunt you later. This is a little like closing the barn door after the horse has left, so don’t sign anything until you know what it is and what it means,” Gomez said.
If a document a new employee receives looks and sounds like an attorney wrote it, chances are they did. “If that’s the case, then it’s best to run this document by your own lawyer. While the document may tell you what is included in your position, it may not indicate what isn’t included, and that’s equally as important,” Gomez said. For example, the papers may not mention dispute resolution or commission payments.
The most critical parts of documents that involve compensation provisions are the ones referring to non-solicitation, non-disclosure and non-compete. “I have spoken to some job candidates that flat out said non-compete agreement are not enforceable. This is not the case. Anything that is a ‘non-clause’ can be enforceable and even if it can’t be enforced, it would be very expensive to fight. These are things we discuss if you happen to have any or all of the big three non-clauses in your offer,” Gomez said.
There are all kinds of questions that need to be answered when dealing with non-compete clauses. For instance, is what that company is asking their prospective employee to give up worth it? Can that individual live with the provisions? What is gained by signing it? What does the person get in return for giving something up? These are things that need to be discussed with a skilled Dallas business lawyer.
Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.
Texas Employer and Employee Are Equal in Bargaining
Texas is noted for being a state with the ‘most’ employer friendly employment laws. Employers and employees are equal in bargaining.
Even with the legal notion in Texas that the employer and employee are equal in bargaining, there are still some rules that companies must follow. For example, although they may terminate a worker at anytime for any reason, that reason may not involve discrimination. There may also be other exceptions that involve a contract signed by the company and the worker.
“Texas subscribes to the legal notion that the employee and the employer are equal in bargaining. While this sounds good, often in reality, employers tend to have more bargaining power than workers. There is an exception or two to that scenario and under a specific set of legal conditions, Texas workers may file for unlawful termination,” outlined Ty Gomez, a Dallas business lawyer who writes for the Dallas based Gomez Law Group.
Unlawful termination may be a cause of action in two primary circumstances in Texas. For instance, if a worker was told to do something illegal and they didn’t do it and got fired because they did not do it, this may result in a cause of action for the employee. The second avenue that may be taken for unlawful termination would be discrimination. “Be aware that discrimination lawsuits rarely succeed unless the discrimination involves a protected class; e.g., gender or religion,” commented Dallas business lawyer Gomez.
“Even if you have been asked to do something illegal, and didn’t do it, you must prove you were asked to do something illegal. In other words, you (the plaintiff) have to present evidence you were ordered to do an illegal act. If this has happened to you, you need to have as much evidence as possible before you no longer have access to it. There are two reasons for taking this precaution, the first is that having evidence will likely net you compensation for unlawful termination and bring a ‘crook’ to justice,” Gomez observed.
The bottom line in cases that deal with unlawful termination is that if the person has been let go because of an employer’s discriminatory actions or because that individual said no when asked to do something illegal, they may be able to obtain compensation for their losses. Always make it a point to talk to an experienced Dallas business lawyer to find out how to proceed in an unlawful termination case.
Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.
Being Accused of a Crime Is Not Grounds for Firing in Texas
Employers in Texas need to know what constitutes illegal discrimination. Being informed may avoid a lawsuit.
“When it comes to employment law in Texas, there are two forms of illegal discrimination that you need to know about for your business. The first thing is you can’t decline to hire or promote an individual because of certain characteristics. The other thing to be aware of is how you handle termination. If you aren’t careful, you may end up being sued for wrongful termination if you fire someone because of certain characteristics,” outlined Ty Gomez, who writes for the Dallas based Gomez Law Group.
In Texas it is illegal to discriminate against someone because of their race, sex, national origin, disability, religion or age. “Granted, the law does not specifically mention sexual orientation as being an illegal reason to fire or not hire. However, it ‘is’ illegal for employers to ‘ask’ about a prospective worker’s sexual orientation, or family life for that matter,” Gomez explained.
Employees should also be aware that there are some characteristics that are not protected. An example would be that it is considered legal for a boss to refuse to hire a person with a criminal record. It is also legal if that same employer fires a current worker if they find out the employee has a criminal record.
“There is an important distinction to be made here though,” added Gomez. “It is illegal to ask questions about arrests or any possible accusations during the course of a job interview. Put another way, being accused of a crime does not mean the person ‘is’ guilty. This means you may only ask about ‘convictions,” he added.
In this day and age when immigration issues are such a hot topic, it is considered legal to ask a prospective new hire about their legal status as it relates to work and also about any accommodations the worker may need to do their job. If a worker is not able to do the job they are applying for without “reasonable” accommodations, it is not discrimination if they are not given that position.
“Texas is an ‘at will’ state, meaning employees are considered to be at will. What that means is a worker may leave a job anytime they want to and for any reason. That works both ways though and the employer may let a worker go at anytime for any reason, provided it does not fall under illegal discrimination. This is why it is vital that you know the employment law in Texas and stay compliant,” Gomez explained.
Are there exceptions to at will employment? “Yes, and they’re both related to any contract an employee and the company may sign. For example, signing a contract that states the employment term lasts for a determined period of time, or that the worker may only be fired under specific circumstances. If the parties sign this contract, the company has to keep the worker until the specified length of time expires or it violates the contract. And, the worker must keep working until the contract runs out,” stated Gomez.
Employment contracts must be extremely specific in Texas and if there is any doubt about how they should be worded, it is critical to seek experienced legal counsel to avoid a lawsuit.
Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.
Revenge in the Workplace, a.k.a. Retaliation
Workplaces can get mighty ugly if someone is retaliating against a company or person for a perceived injustice.
Things don’t get much worse than a toxic workplace where someone is deliberately withholding necessary information on a project, spreading vile rumors about a co-worker, destroying or stealing company equipment or handing classified information over to the competition. “Why would they be doing these things in the first place? Usually as retaliation against a real or perceived injustice,” explained Ty Gomez, an experienced Dallas employment and business lawyer with the Gomez Law Group.
Most often when retaliation is the flavor of the month, it is because someone is responding to a violation of trust or violations of interpersonal justice. “Let me explain. When it comes to breach of trust, that happens when expectations about another’s behavior aren’t met or when that person doesn’t act consistently with their values. In dealing with violations of interpersonal justice, the retaliation comes because someone was not treated in a manner that they expected to be treated – this may provoke real outrage,” observed Gomez.
Interestingly enough, when someone gets fired, it isn’t the fact that they got fired that usually is the flash point. It’s the fact that they may have been humiliated if the firing was done in a thoughtless and insensitive manner. Anger plays a very large part in retaliation if the firing or other disciplinary action was not done with respect or fairness. “In fact, over 80% of homicides that take place at work are the result of people who want to get even for treatment they consider unfair or unjust,” added Gomez, a seasoned Dallas employment and business lawyer.
A wise manager will also realize they need to treat their workers with respect, provide recognition, opportunities to grow, freedom from harassment, and other intangible feedback; the silent and unspoken things that workers and their employer follow without really thinking about it. Those are often the expectations in a workplace. If the reality is different and the manager is abusive, unrealistic, sarcastic and unresponsive to concerns, retaliation becomes a distinct possibility.
“If you’re faced with this nasty situation brewing in your workplace, it’s time to figure out what to do. It may also be time to talk to an experienced Dallas employment and business lawyer about what can alleviate the situation, etc.,” suggested Gomez.
Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.