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Employer Rights

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Being an employer can sometimes be very difficult when someone you have hired decides to sue you and your company for something you may have had no control over. It is hard enough to keep your focus on your targeted marketplace without having internal problems with a disgruntled employee. If you find yourself in a situation where you need to consult with an attorney who is skilled in defending employer's rights we can get you in touch with an attorney for a free consultation in your area.

The Americans with Disabilities Act of 1990 ( ADA ) makes it unlawful to discriminate in employment against a qualified individual with a disability. The ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and telecommunications. This booklet explains the part of the ADA that prohibits job discrimination. This part of the law is enforced by the U.S. Equal Employment Opportunity Commission and State and local civil rights enforcement agencies that work with the Commission.

As an employer, you are held accountable to a host of state and federal laws that regulate your relationship with your employees. Among the things you'll be expected to know and understand:

  • Proper hiring practices, including how to conduct interviews, investigate job applicants and respect privacy.
  • Wage and hour laws, including those governing the minimum wage, overtime and compensatory time.
  • How to avoid sexual harassment as well as discrimination based on gender, age, race, pregnancy, sexual orientation, disability and national origin.
  • The minimum requirements for sick, vacation, parental and other types of employee leave.
  • How to write an employee handbook, conduct performance reviews and discipline employees.
  • How to fire an employee without trampling on his or her legal rights.
  • How to protect your business and respect employees' rights when they leave.
  • What the law allows if you want to run a background check, do a workplace search or monitor employee conduct.

Employer Rights

An employer has the right to contest the compensability of a claim if the insurance carrier accepts liability. Contesting the compensability of a claim means the employer can argue in dispute resolution proceedings and in court that the worker's injury did not occur or that the injury or illness was not job related.

  • An employer has the right, if the employer has asked the insurance carrier in writing, to have the carrier tell the employer of any dispute resolution or court proceeding related to an employee's claim or any proposal to settle the claim.
  • An employer has the right to attend any dispute resolution proceeding related to a claim filed by one of the employer's workers.
  • An employer has the right to present relevant evidence about disputed issues at dispute resolution proceedings.
  • An employer has the right to report suspected workers' compensation fraud to the Commission or to the insurance carrier.
  • An employer has the right to contest the failure of the insurance carrier to provide the accident prevention services required by the Texas Workers' Compensation Act.
  • An insurance carrier must provide free accident prevention services to policyholders.


If you are in need of legal advice or services, or simply wish to speak to an attorney who has successfully handled Employer's Rights cases in your state, you may use this Free Online Consultation Form.

There is NO COST or obligation for this service.