Welcome to the Kazi Law Firm! We are a boutique law firm steeped in Texas tradition personifying the warmth and congeniality consistent with southern hospitality. We believe in preserving integrity and professionalism with true Texan charm, staying true to our roots, while providing essential, affordable legal services to all. Located just north of Dallas, Texas in the rapidly growing suburb of Frisco; the Kazi Law Firm concentrates on contracts drafting and review, immigration law, will & estates, real estate law, landlord, tenant, mediation, and general business law needs.
I’m sure it’s no surprise to you by now that Texas is an “Employee-At- Will” state which gives few rights to an employee that are not created by statute or governed by labor regulations. At-will employees can be terminated for any reason, as long as the reason is not in violation of specific statutes or is not due to failure or refusal of the employee to commit an illegal act during employment.
A Texas Employment Contract is of critical importance in order to create equal rights and obligations that are legally enforceable. An employment contract must directly limit the employer’s right to terminate an employee without “cause” (a defined term) or provide for a firm “term” of employment. In the employment contract, the employer should unequivocally indicate that termination of the employee’s job may only occur in specifically defined circumstances. The contract may also set out the terms on which a company hires an individual or an individual hires a company.
You may be familiar with the following common provisions included in most Texas employment agreements:
- Job title and general description
- Employee’s monetary and benefits compensation
- Non-compete clauses of varied length, time, and geographic location
- Protection of Trade Secrets and Confidential Information
- Drug testing program (if applicable)
- Terms and duration of employment
- For “cause” termination parameters
In order to modify a Texas employment contract, there must be a subsequent agreement (preferably in writing) between the parties. Under certain circumstances, the employer may need to make changes to the contract because of economic circumstances. Currently, with COVID-19 induced hardships, many employers are being forced to make changes due to financial reasons. Some of the items that may be modified include the rate of pay, work hours, duties and responsibilities, work location, correcting an error in the original contract, and disciplinary action procedures.
Often times, clients reach out to the firm bringing forth a breach of contract claim. It is critical to understand what exactly a breach entails and the remedies allowed for such a breach. A breach of the employment contract occurs when either the employer or the employee violates a condition or term in the contract. A breach may be the result of a verbal or an oral (implied) agreement. If you believe a breach of contract has occurred, it is best to take the problem to the employer first and attempt to work out an amicable solution. If you decide to take legal action, remember you will need to prove financial loss in order to receive compensation. Legal counsel action may prompt the employer to counter sue, if the employer thinks it has legal ground. An employer has the legal right to sue the employee for damages just as the employee has the right to sue the employer.
If you have additional questions or concerns about your Texas employment agreement, reach out to the Kazi Law Firm today for a complimentary initial consultation. Employers and employees should have all the relevant information and legal ramifications before moving forward with a cause of action.
I built my law practice on the premise of being a life raft in a sea of sharks. I want to be an advocate for those that have been wronged and are too intimidated to seek help. My firm is here to explore your options, guide you through your legal journey, and give you that safe space to ask questions! There’s no such thing as a stupid question…Only the ones you don’t ask. So, my question to my clients is not “do you have any questions?” But rather “what questions do you have?”
As always, the Kazi Law Firm is standing by to help you in your time of need. Don’t hesitate to contact us today. We specialize in real estate law, landlord-tenant disputes, immigration, and wills & estate planning. Family is at the core of our practice. Just as we treat our family with respect and understanding, we treat yours. Come join the Kazi Law Firm family today!
Why swim alone in shark-infested waters when you don’t need to?