From our offices in Waco, the attorneys at Cullar & McLeod, LLP provide exceptional legal representation in a range of legal areas to clients in McLennan County, Central Texas, and statewide.
Our services vary from handling serious personal injury and wrongful death claims to employment law, family law, criminal defense, wills and probate, and civil litigation matters.
At Cullar & McLeod, we are dedicated to providing each client we take on with personalized representation that is designed to attain results in an efficient and cost-effective manner. We serve a diverse clientele, ranging from injury victims or employees who have suffered discrimination, to individuals seeking a divorce, to college students who have never needed legal representation before.
Firm co-founders R. John Cullar and John H. McLeod possess more than four decades of combined legal experience, and regularly appear on behalf of clients in state and federal courts throughout Texas. Both Mr. Cullar and Mr. McLeod have attained the highest possible peer review rating of "AV-Preeminent" from Martindale-Hubbell, the national directory of attorneys, indicating the highest level of legal ability and ethical standards.
We are dedicated to giving prompt attention to the needs of each of our clients, addressing both their immediate concerns and helping them to meet their long-term goals. For the convenience of our clients, we offer a flexible schedule, with weekend and evening appointments by prior arrangement. To find out how our attorneys can assist you, contact Cullar & McLeod, LLP today.
801 Washington Avenue, Suite 500
Waco TX 76701
At the Waco, Texas law office of Cullar & McLeod, LLP, we are dedicated to preventing, stopping, and remedying the effects of illegal discrimination and harassment in the workplace throughout McLennan County and across Texas.
We also represent clients who have been unfairly taken advantage of in wage and overtime claims, or who have been wrongfully terminated.
Discrimination in the Workplace
Both state and federal laws protect an employee from unlawful discrimination on the basis of characteristics such as race, color, national origin, religion, sex (gender), age, disability, or genetic information. These protections extend to every phase of employment, from applications and hiring, to assignments and transfers, pay, demotions, and termination. Below are some of the major laws protecting employees from discrimination:
-Disability - The Americans with Disabilities Act of 1990 (ADA) prohibits employment discrimination against a qualified individual with a disability, defined as someone who can perform the essential functions of the job with or without reasonable accommodation. Also prohibited is discrimination against persons regarded as having a disability or with a record of a disability, even if they are not presently disabled.
-Race - Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against someone on the basis of race. Not only is disparate treatment of an employee based on race prohibited, but policies and practices which in effect have a disparate impact on people of different races may be unlawful as well. The law also prohibits retaliation against an employee for complaining about discrimination or filing a charge or discrimination lawsuit.
-Pregnancy - The Pregnancy Discrimination Act (PDA) makes it illegal to discriminate against a woman because of pregnancy, childbirth, or any related medical condition.
-Age - Workers 40 years of age or older are protected by the Age Discrimination in Employment Act (ADEA). Employers may not discriminate against older workers or enact policies which favor younger workers at the expense of those covered under the ADEA.
The law recognizes two forms of illegal harassment. Quid pro quo harassment exists when a superior seeks a romantic relationship with a subordinate and conditions favorable or unfavorable job treatment based on the employee's willingness to accept. Also, other unwelcome conduct of a sexual nature may become so severe and pervasive that it creates a hostile work environment for the employee. A hostile environment can be created by inappropriate touching, offensive comments, or sexually derogatory or demeaning written or graphic materials in the workplace. Hostile environment sexual harassment can be male-female, or female-male, or even same-sex harassment. A hostile work environment can also occur based on other factors than sex, such as race or religion.
A wrongful discharge can be based on any of the actions described above, such as discrimination or sexual harassment. In addition, an employee may be wrongfully terminated in a retaliatory discharge for exercising protected rights, such as reporting illegal activity or safety violations (whistleblowing), missing work for jury duty, engaging in protected concerted activity with a labor union, or filing a claim for workers' compensation or other disability benefits.
The attorneys at Cullar & McLeod, LLP represent employees, including corporate managers, who may be considering blowing the whistle on their company's potentially illegal or fraudulent activities, or who may be involved in an internal investigation after blowing the whistle on an employer. The laws protecting whistleblowers are complex and varied; however, our experienced attorneys can help potential whistleblowers understand what protections are offered and under what circumstances.
Wage and Overtime Claims
The Fair Labor Standards Act requires that all non-exempt employees who work more than 40 hours in the workweek be paid at least one and one-half times their regular rate of pay for the overtime hours worked. Employers sometimes attempt to evade overtime laws by calling certain workers "independent contractors" as opposed to employees. The choice of terminology, however, is irrelevant - an "independent contractor" is actually an employee and may be entitled to overtime if one or more of the following factors are present:
-The degree of control exercised by the employer over the worker, including the worker's hours, place and manner of work
-The worker's opportunity for profit and loss and the worker's investment into the business
-The worker's investment into tools and materials
-The degree of specialized skill and independent initiative required to perform the work
-The duration of the working relationship
-The extent to which the work is an integral part of the employer's business.
Attorney R. John Cullar focuses his practice in the areas of civil litigation, employment law, civil rights and probate, representing clients in Waco, McLennan County, and throughout Texas.
Mr. Cullar received his Bachelor of Arts from Baylor University in 1982 and his Juris Doctorate from Baylor University in 1984. He was admitted to the State Bar of Texas in 1984. He is admitted to practice before the U.S. District Court, Western District of Texas; U.S. Court of Appeals, Fifth Circuit; U.S. District Court, Northern District of Texas; U.S. Supreme Court; U.S. District Court, Eastern District of Texas; and the U.S. Court of Federal Claims.
As a testament to his standing in the legal community, Mr. Cullar has attained the highest possible peer review rating of "AV-Preeminent" from Martindale-Hubbell, the national directory of attorneys, indicating the highest level of legal ability and ethical standards.
An active member of the legal community, Mr. Cullar is a member of the Waco-McLennan County Bar Association; Bar Association of the Fifth Circuit; State Bar of Texas; The Judge Abner V. McCall Inn, American Inns of Court; and the American Board of Trial Advocates.
Mr. Cullar was born in Wichita Falls, Texas, on September 9, 1959.
-J.D., Baylor University, 1984
-B.A., Baylor University, 1982
-State Bar of Texas, 1984
-Waco-McLennan County Bar Association
-Bar Association of the Fifth Circuit
-State Bar of Texas
-The Judge Abner V. McCall Inn, American Inns of Court
-American Board of Trial Advocates
Juris Doctorate ,
Attorney John H. McLeod focuses his practice in the areas of personal injury, criminal defense, and family law, representing clients in Waco, McLennan County, and throughout Texas.
Mr. McLeod received his Bachelor of Science, cum laude, from Baylor University in 1980. He proudly served in the U.S. Marine Corps from 1981-1984, achieving the rank of First Lieutenant. Mr. McLeod attained his Juris Doctorate, cum laude, from Baylor University in 1987. He was admitted to the State Bar of Texas in 1987. He is admitted to practice before the U.S. District Court, Western and Southern Districts of Texas and the U.S. Court of Appeals, Fifth Circuit.
As a testament to his standing in the legal community, Mr. McLeod has attained the highest possible peer review rating of "AV-Preeminent" from Martindale-Hubbell, the national directory of attorneys, indicating the highest level of legal ability and ethical standards.
An active member of the legal community, Mr. McLeod is a member Waco-McLennan County Bar Association; McLennan County and Texas Criminal Defense Lawyers Association; State Bar of Texas; and the Texas Bar Foundation.
Mr. McLeod was born in San Antonio, Texas, on December 15, 1957.
-J.D., cum laude, Baylor University, 1987
-B.A., cum laude, Baylor University, 1980
-State Bar of Texas, 1987
-Waco-McLennan County Bar Association
-State Bar of Texas
-McLennan County Criminal Defense Lawyers Association
-Texas Criminal Defense Lawyers Association
-Texas Bar Foundation
-1st Lt., USMC, 1981-1984
Juris Doctorate ,