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Stop Sexual Harassment, Sexual Assault, and Retaliation in Central Texas

Kaplan Law • May 15, 2023

Sexual Assault, workplace sexual harassment, and workplace retaliation are against the law in Texas.

If you are dealing with these issues, you need to know you are not alone and that help is available. If you are in immediate harm, call the police. You can also call the SAFE Alliance, which has a 24 hour hotline: 512-267-SAFE.


Once you are out of harm’s way, you should think about whether it is appropriate to consider taking remedial action and what action to take. Here is a run-down of some potential civil claims relating to these issues, and how they might apply:


  • Any unwanted physical sexual contact is a likely violation of the Texas common law against civil sexual assault. This includes any conduct that forces you to join in unwanted sexual intercourse or other sexual contact.  If you are a victim of sexual assault, seek help immediately. Get away, call the police, and visit a medical professional. If you can, preserve any proof of the incident (texts, calls, audio, video, etc.)
  • Sexual assault is equally illegal on the street, at home, or at work. It is equally illegal if done by someone you know or someone you don’t. There does not need to be a tie to the workplace to bring a claim for sexual assault. But, if you are sexually assaulted by someone at work, you have options. You can sue the individual for the assault. If the assaulter is a coworker, you may be able to sue your employer for sexual harassment. Whether it involves discrimination, wage disputes, harassment, or contractual violations, employment law attorneys such as the ones from HKM strives to protect the rights of employees and help them achieve fair and just resolutions.
  • If the assaulter is a supervisor, your employer may be directly liable for the assault under a vice-principal negligence theory, according to recent 2017 guidance from the Texas Supreme Court. This long-overdue update to Texas harassment law provides that employers must be responsible the acts of their agents if their agents cause sexual harm to employees.


Workplace sexual harassment is a silent career assassin. You do not need to be quiet about harassment if you are experiencing it, you need to blow the whistle. Harassment is not your fault, and it is your company’s responsibility to keep your workplace safe from harassment.


Sexual Harassment is prohibited in most Texas workplaces with 15 or more employees by both federal law (Title VII of the Civil Rights Act of 1964) and state law (Chapter 21 of the Texas Labor Code). There are important deadlines for sexual harassment claims. In Texas, you must file a Charge of Discrimination with the EEOC (or TWC, or if in Austin, the City of Austin Equal Employment & Fair Housing Office) within 180 days of the latest instance of sexual harassment in order to preserve all of your potential claims. In other words, you need to act fast. A different legal standard applies depending on whether the harasser is a supervisor (generally, someone with the power to hire and fire) or a non-supervisor. If a supervisor harasses you, your company may be directly liable. If a non-supervisor harasses you, your company can defend the case in some circumstances by saying you failed to properly report the issue, or that the company took all necessary steps to fix the harassment problem.


To be sure you meet the requirements of the different standards, it is a best practice to report every instance of harassment internally at your company. You can report it to either your supervisor, your supervisor’s supervisor, or human resources (HR). If the company has a reporting process in the handbook, you should try to follow it. It is a best practice to keep a copy of your reports in writing. If you make a report or complaint verbally, send a follow-up email or text so you have a record of opposing harassment when you did.


The laws prohibiting Sexual Harassment in Texas are unfortunately limited to the workplace — in other words, there is no general prohibition against sexual harassment on the street that has nothing do with your job. In that event, there are prohibitions against sexual assault and defamation that may apply, depending on the situation.


If you are brave enough to blow the whistle and report harassment at work, you may be wondering what protection you have. State and federal law prohibits retaliation in most Texas jobs. In other words, at most employers with 15 or more employees, you are protected by law in reporting harassment at work. And, if your employer fires you because you reported harassment, the company may have broken the law against retaliation. Retaliation is one of the most frequently filed EEOC charges.  The EEOC processed more than 41,000 retaliation charges in 2017.  4,740 of those were in Texas.


If you are brave enough to consider standing up to sexual assault, sexual harassment, or retaliation, know that you are not alone, you have a right to get help, and that you may also have legal rights that may protect you.

Take Control of Your Career: How Kaplan Law Can Help When Work Goes Wrong

January 1, 2025
Sometimes, when companies mistreat their employees, it goes beyond just legal violations—it becomes personal. They make you feel like you're bad at your job, and it gets in your head. It can really take an emotional toll, leaving people upset and doubting themselves. This is where we step in, offering more than just legal advice—we help clients regain control over their situation. One of the most rewarding aspects of what we do is seeing the transformation in our clients. By the end of a consultation, many say, “I feel like I’m back in the driver’s seat of my career and my life.” It’s empowering to give people clarity, even in a single hour, by breaking things down into clear categories. We’re there to help them make informed decisions and move past a bad situation toward something better. It’s about getting unstuck and reclaiming control. Helping clients in this way is truly an honor—it feels amazing to collaborate and make a real difference in their lives. When things start going wrong at work, it can feel overwhelming. There’s often a mix of problems—some that look bad but aren’t actionable and others that may involve real legal violations. That’s where we come in. We help cut through the fog, sorting out the issues into clear categories: What’s unfair but not illegal. What is illegal and actionable. What steps you can take, potential outcomes, and damages you might expect. Our goal is to guide clients to the next step as efficiently as possible, ideally with more clarity, confidence, and money in their pockets. We’re not career coaches, but we do offer strategic planning for people who feel stuck. It’s important to understand that if your company is taking advantage of you, they likely have lawyers advising them on how to do it. You don’t want to be caught flat-footed. That’s why having your own lawyer, even for just an hour-long consultation, is invaluable. We make this process easy. You can book online and often get an appointment as soon as the next day. During the consultation, we’ll assess your situation, explain your rights, and provide actionable next steps. Sometimes, clients find out that what’s happening isn’t illegal, but we still offer practical advice to put them in the best possible position. And let’s be honest—most people have a story about a time they wish they had consulted a lawyer. Even I was misclassified and underpaid before law school and didn’t realize it. I signed documents without understanding my rights, and I missed out. That experience inspired us to create a system where anyone can access a lawyer quickly, affordably, and with peace of mind. Not every consultation leads to a legal claim, but the information and strategy you gain are always valuable. Even if the issue isn’t illegal, knowing your options can help you move forward with confidence. So, if everything at work is great, you probably don’t need us. But if things are going wrong, and you’re relying on advice from non-lawyers, random people on the internet, or just your gut, you might be missing something critical. Our service is unique—we’ve built it specifically to help current employees navigate these challenges and take back control of their careers. That’s how we approach these situations. It’s not just about the immediate fix—it’s about bringing years of expertise to the table so our clients can move forward with confidence and success.

A Guide for Sales Employees Facing Unfair Treatment

December 15, 2024
Almost every salesperson knows the drill: if your commission isn’t paid, you email, call, or escalate the issue to HR or your manager. You make a fuss and try to get the money you’re owed. Unfortunately, in states like Texas, there’s little protection if you’re fired for speaking up. Shockingly, it’s not illegal in many cases. Most people try to handle it themselves, which is understandable. But if that approach doesn’t work, and there’s a significant amount of money at stake, it’s time to consult an attorney. A lawyer can review your situation and help determine if your rights have been violated. For example, if your commission was withheld under a discretionary commission plan, there may not be a strong case. However, there could be other legal violations—like unpaid overtime—that you’re unaware of. In fact, we often uncover additional issues during our consultations, making it worthwhile to check in with a lawyer. One common mistake we see is people relying on advice from unqualified sources. Sales workers often turn to LinkedIn or other platforms for guidance, listening to "talking heads" offering free advice. The problem? Most of these individuals aren’t attorneys, and their advice is often incomplete or outright incorrect. This misinformation can lead to missed opportunities for salespeople to recover what they’re owed. Even at Kaplan Law, we don’t offer cookie-cutter advice. Each case requires a detailed analysis to understand how the law applies to your specific circumstances. That’s why taking the time to consult with a qualified attorney is critical. To put it in sales terms: there’s a lot of money on the table, and sales professionals are leaving it there by not seeking proper legal guidance when something feels off. If you suspect a problem with your pay or treatment, consulting with an experienced lawyer can make all the difference in getting what you deserve. If you’re a salesperson who feels mistreated or underpaid, here are the steps you should take: Understand Your Pay Structure: Review your employment contract, commission plan, and any policies regarding overtime or bonuses. Track Your Hours: If you’re inside sales, document the hours you work, especially overtime, to identify potential violations. Keep Records of Communication: Save emails, texts, and other documentation related to commission disputes, quotas, or workplace grievances. Know Your Rights: Learn about your protections under the FLSA and local labor laws. Consult an Attorney: Reach out to a law firm experienced in employment rights. We can help assess your case and guide you through your legal options. Why It Matters Sales employees deserve to be compensated fairly for their hard work. Companies that exploit their sales teams not only violate the law but also undermine the value of their workforce. In Austin, where tech companies frequently relocate for cost savings, ensuring fair treatment for sales employees is more important than ever. If you’re a sales professional facing unfair pay or workplace mistreatment, know that you don’t have to face it alone. We’re here to fight for your rights and help you get the compensation and respect you deserve.

Fighting for Fair Pay: Advocating for Sales Employees' Rights

December 2, 2024
Sales employees play a critical role in generating revenue for their companies. Yet, far too often, they are undervalued, overworked, and unfairly compensated. At our firm, we’ve seen countless cases where salespeople are promised fair pay—only to face broken promises, discrimination, or outright exploitation. Sales teams face unique challenges, from unrealistic quotas to retaliatory treatment when they stand up for their rights. In our work, we’ve had significant success in helping sales employees who’ve been wronged. Whether it’s recovering unpaid commissions, addressing overtime violations, or challenging discrimination, we’re here to ensure salespeople are treated fairly under the law. The Challenges Sales Employees Face Breach of Commission Contracts or Incentive Plans: We've noticed as a team that one major problem that is occurring for sales employees is companies are breaching their commission contracts or incentive plans. Many sales roles include a base salary plus commission. However, when it comes time for companies to honor their incentive plans, the promised commissions often vanish into "fine print." Companies frequently make earning commissions unnecessarily difficult, leaving salespeople shortchanged for the revenue they helped generate. We believe this is where we can truly make a difference for people. At Kaplan Law, we know the law and have many tactics in our toolkit to resolve these issues without litigation whenever possible. However, when litigation becomes necessary, we’ve had significant success, securing favorable outcomes for our clients. Overtime Violations: Shockingly, many salespeople don’t realize they’re legally owed overtime pay if their base salary outweighs their commissions. Many companies have adjusted their job descriptions to clearly classify employees as hourly roles with overtime, aiming to avoid the additional costs associated with overtime pay that commission-based employees are often entitled to. At Kaplan Law, we have brought numerous cases against various tech companies, including TikTok. When the sales force operates on a base-plus-commission structure, but w base salary exceeds the commission for inside sales roles, it violates labor laws. This practice is not allowed, and we’re committed to holding companies accountable. There seems to be a significant misconception about employment laws among both workers and management in the sales industry. Unfortunately, management often takes advantage of this misunderstanding. They might offer a high base salary with commission but then make earning that commission exceedingly difficult. While employees are led to believe meeting their targets will be straightforward, the reality is far more complicated. Companies often shift the burden onto employees, expecting them to work long hours—nights, weekends, early mornings—sacrificing personal time and family moments like attending their kids' games, all to close sales. Yet, despite the grueling hours, employees don't receive additional pay for their efforts. This creates a frustrating situation. While sales employees may earn decent pay, it’s often not proportional to the time and energy they invest. Oddly enough, we’ve noticed that employees struggling to meet their numbers often end up working the longest hours, trying desperately to catch up. And companies? They’re fine with it, as it costs them nothing extra. If this were a clerk or hourly employee, the law would mandate overtime pay for those additional hours. Under the Fair Labor Standards Act (FLSA), employees are entitled to overtime, yet many companies in the sales industry fail to comply. At Kaplan Law, we’re one of the leading firms tackling these issues. One particular area we focus on is what’s known as the 7(i) exemption under the FLSA, which governs how sales employees are compensated. Many salespeople don’t even realize their rights are being violated. That’s why we ask crucial questions when they reach out: How are you paid? How many hours do you work? Does your base salary exceed your commission? Are you predominantly working inside sales? In today’s world, most sales work is done remotely—via Zoom, WebEx, phone calls, or emails—whether from home, an office, or another location. Face-to-face sales interactions, such as meetings with customers at bars or restaurants, have become increasingly rare. This shift to inside sales has led to countless violations of labor laws, but few workers are aware of the problem. At Kaplan Law, we take pride in educating and supporting our sales clients. We understand the challenges they face—the relentless pressure to perform, the "what have you done for me lately?" mindset of many companies, and the lack of recognition for their efforts. Salespeople can bring in millions for their employers one quarter, only to face unreasonable demands the next. We’re here to help sales employees fight back, protect their rights, and ensure they are paid what they’re owed under the law. Discrimination and Retaliation: Sales employees are often subjected to unfair treatment, such as being penalized for taking medical or parental leave or being discriminated against based on pregnancy, age, or other protected statuses. Burnout and Underappreciation: Sales is a high-pressure field with demanding hours, yet companies often fail to recognize the toll this takes. Many salespeople work weekends, late nights, and holidays, only to face relentless pressure for results without fair compensation for their efforts. Our Commitment to Sales Employees At our firm, we specialize in protecting the rights of sales professionals. We’ve successfully resolved cases where companies failed to pay commissions, misclassified inside sales roles to avoid paying overtime, and mistreated employees who stood up for their rights. We understand the unique challenges of the sales profession. The pressure to deliver, combined with a lack of job security, can leave even the best salespeople vulnerable. We’re here to level the playing field, holding companies accountable and ensuring fair treatment for hardworking sales teams.
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