Steven Stark Licensed in FL, NY
Richard Gora Licensed in CT, NJ
Joshua Garber Licensed in CA
Chris W. Hogue Licensed in TX
Cynthia Rosen Licensed in TX
Matthew A. Henry Licensed in TX
Dustin Lee Licensed in TX
Megan Daic Licensed in TX
Joe Conley Licensed in TX
Lance Cawthon Licensed in TX
El Paso Employment Lawyers
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Legal Services Offered by Our On-Demand El Paso Employment Attorneys
Our experienced El Paso employment attorneys & lawyers can help guide you on how to proceed with various employee decisions such as reviewing employee documents such as contracts, agreements, policies, and handbooks, along with difficult decisions such as firing, lawsuits, claims, and complaints.
Although not every single employment contract will require legal assistance, many employment lawyers would recommend avoiding unilateral employment contracts that strongly benefit one side over the other. These types of employee contracts rarely hold up in court, yet having the funds needed to combat an issue in court can limit the employee’s options.
A confidentiality agreement and a non-compete agreement are common forms of employee contracts that one of our El Paso employment attorneys can help customize for your business. If your business needs to fire an employee, proper measures should be taken from a business legal standpoint to ensure proper communication and a smooth transition of dismissing that employee. In any case, we suggest you connect with our employment attorneys to discuss your options.
Improve Your Legal ROI with Affordable Employment Attorneys that service El Paso, TX.
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- 6 min read
What Is Severance Pay?
Severance pay is compensation that you receive when you are released from employment. There are many reasons a person might receive severance pay. Some common ones include:
Your job is eliminated.
You and your employer agree it's best for you to leave the company.
You almost never receive severance pay if you are fired for poor job performance. Packages are determined by your contract. Generally, you receive one to two weeks of pay for every year you were employed. Top-level employees may receive a month's pay for every year with their company.
Severance pay amounts depend o
- 3 min read
What is a 1099 Employee?
A 1099 employee is one that doesn't fall under normal employment classification rules. Independent contractors are 1099 employees. Instead of having a permanent worker that takes direction from the company, your business would use an independent contractor who works under their own guidance.
The difference between a 1099 employee and others is usually easy to recognize. One example of an independent contractor is a painter hired to paint your home. They will not be your employee after finishing the job.
If you need a permanent employee, the 1099 distinction is not correct. Someone who has to show up to the office, follow a company dress code and always answer
- 6 min read
Work for Hire: What Is It?
Work for hire is any created work that can be copyrighted like songs, stories, essays, sculptures, paintings, graphic designs, or computer programs. In the U.S., work for hire — shorthand for the term "a work made for hire" — applies if the created piece is part of a person's job or made by an independent contractor.
Instead of the creator keeping the copyrights, the copyright and publishing rights belong to their employer. For example, when a staff writer drafts a blog for his employer, the company becomes the author and assumes the copyrights for the blog. All areas of copyright ownership now belong to the company, including credit for the blog and control of the blog. Work for hire is part of the U.S. Copyright Act of 1976 and changed the go-to rules of copyright ownership. Work for hire applies in two situations:
- An employee creates work during her normal functions as an employee
- 2 min read
The Health Insurance Portability and Accountability Act (HIPAA) was enacted in 1996 to protect workers and their families by limiting new employers from excluding coverage for preexisting conditions, banning discrimination against employees and their dependent family members based on any preexisting conditions, and providing new rights to individuals who lose their coverage to enroll in a group health plan.
HIPAA also protects patients’ paper and electronically stored medical information through the Privacy Rule and the Security Rule, which were implemented by the U.S. Department of Health and Human Services (HHS).
HIPAA Violation Enforcement
The HHS, Office for Civil Rights (OCR) is the HIPAA enforcement agency that investigates any complaints filed regarding HIPAA violations. If the OCR finds that a HIPAA violation has taken place, the OCR will d
- 3 min read
Learn More About The Types of HIPAA Violations to Avoid
HIPAA violations are nothing a business should be taking lightly. The minimum fine for a HIPAA violation starts at $100 and can grow as large as $1.5 million for each provision of the rules. As such, healthcare professionals and insurance adjusters are all feeling the pressure and are trying to do whatever they can to prevent falling out of HIPAA compliance.
But, in order to stay out of trouble, you must first understand which mistakes to avoid. Here's a look at some common HIPAA violation examples: