Legal Protection for State Employees Overview
When considering your options for legal protection from the risk of employment-related disputes, Texas law has a lot to offer state and local government employees. Most notably, you are afforded unique and broad protections against reprisal or termination for reporting the violation of a law or regulation. Further, under certain circumstances, you may qualify for defenses to administrative disciplinary actions based on an "official immunity" defense from discipline . Texas also offers legal protection plans for state employees. Legal protection plans are affordably priced and provide financial protection against the loss of income, employment, or benefits on account of termination, suspension, or disciplinary layoff resulting from health, disability and age. Plans are available to teach how to legally protect your job while reducing the risks of losses in your day-to-day professional conduct.
Advantages of Legal Protection Plans
Many Texans know that legal protection plans offer employees a way to get legal assistance related to their transportaiton issues and other matters. However, you may wonder what real benefits they offer to state employees. First, as a state employee you obviously spend a great deal of time, money and energy commuting to and from work. A legal protection plan that includes the right levels of service will pay for many of those costs, should you have an automobile accident or experience vehicular trouble. It also offers you the peace of mind that comes with knowing you have legal representation should you need it. Second, legal protection plans not only cover these roadside and vehicular details, but they also offer legal advice for a number of issues not related to your job. In fact, some plans offer unlimited advice benefits. Therefore, you can call your attorney for help on any legal matter, from family law issues to real estate transactions or wills. It even enables you to determine whether you would be wasting your time and money with a personal injury or malpractice lawsuit. Finally, knowing that you have a legal protection plan gives you peace of mind that you can start your day with confidence. You are not dragging yourself to work worrying about beauty shop contracts or home improvement problems because your plan offers assistance. It allows you to go to work secure in the knowledge that should a real problem arise, you will have someone in your corner.
Eligibility Requirements for State Employees
To qualify for the direct access program (see prior post), a state employee must be employed by an independently elected or appointed state agency. This excludes higher education, agencies under the purview of the Governor, the Legislature, and the Judiciary. Examples of state agencies that qualify for the plan include the Texas Workforce Commission, Department of Transportation, the Department of Family and Protective Services, and the Texas Education Agency. The plan is open to full-time employees (a job category determined by the State Auditor’s Office). Part-time employees may purchase the program at an additional cost. State contractors, retirees, and legislative employees (for example) are not eligible for the direct access program. In addition to representing employees in disciplinary actions, the legal protection plans provide benefits for grievances, unemployment compensation, and the EEOC/FHRC/Purchaser plan.
Scope and Inclusions of Coverage
Texas legal protection plans for state employees generally offer a range of service options to help employees deal with common legal issues. Employment-related cases, family law matters, and estate planning are premier examples of the types of issues that may be included in coverage.
An employment dispute between a state government agency and an employee is one of the major issues that could potentially trigger legal assistance. Legal representation is often provided for an employee to attend a state employment administrative or hearing. Consultation with a licensed attorney may also be offered to evaluate a wrongful termination scenario or other forms of employment discrimination. This type of legal representation is a cornerstone of many employee legal protection plans, since allowing employees to exercise their rights in an employment situation can significantly reduce the number of formal complaints and loss of productivity caused by workplace injuries.
In instances of a contested termination, an employee may be awarded the opportunity to access advice from a lawyer before he or she actually meets with a superior for a performance or disciplinary review. A meeting with an employment lawyer prior to a termination event may also help an employee make good decisions about how to move forward with his or her legal claims. In many cases, the employment issues covered by these plans can extend into the legal territory of whistleblower protection guidelines, freedom of speech, or even potential sexual harassment events.
Family law disputes such as divorce, child custody, and access issues can come up in any family situation, whether the family is traditional or has alternative models. In a case involving children, a state worker who has been designated for legal representation by the plan may have the opportunity to go over details of the court-ordered arrangements with a lawyer before the client and his or her partner meet in court. In this way, a family law dispute may be kept somewhat isolated from work life, even if it belongs to an employee.
In some plans, coverage options extend to real estate, rental property, and intellectual property legal matters. Many different types of legal representation can be accessed by a state employee who has joined a legal protection plan.
Enrolling in a Legal Protection Plan
The process for state employees to enroll in a legal protection plan is now done online. To enroll, log onto the TPAF State Employees Only page and click on the Legal Plan link. Once enrollment is completed, state employees will receive a confirmation from Legal Services that includes access information for the legal application. State employees that are interested in enrolling in a plan can also contact the Legal Services Department at 800-537-1633. This free service provides both telephone representation for all legal issues that arise out of your employment with the State of Texas and also individual consultations. The free phone consultation is available Monday through Friday from 8 a.m. until 9 p.m. CST. All correspondence and documentation regarding the free legal service must be identified by an enrollment number. Enrollees should utilize the enrollment number when corresponding with the Legal Services Department. It is recommended that all documentation be sent via certified mail, return receipt requested.
Comparative Assessment of Legal Protection Plans
When selecting a legal protection plan, there are several factors that state employees should consider. Cost is typically the most important of these factors. But, as with all purchases, you should not merely focus on the price. Coverage limits are another thing to pay attention to. There is no use paying less for a plan that has insufficient coverage to meet your needs. Getting a professional opinion is important as well. The provider’s reputation is often a large indicator of the quality of your potential legal protection plan. State employees should compare different legal protection plans thoroughly before making purchases.
Cost: Each legal protection plan will usually have about the same cost. A major determination in these price plans will be how much money must be spent on an attorney who is outside of the plan in order to receive reimbursement for legal fees. A $1200 cap in an attorney fee plan is not something that will meet the needs of most Texas state employees. Employees would have to come out of their pockets to pay for the remaining $300, if there were an accident that cost $1500 in legal fees to fight. Then the next question that comes to mind is how expensive the annual fee is for the plan itself and how this fee is divided up within the year. Is the one-time fee split into a monthly installment in order to pay for the current year, or is this just a way to pay for one year’s legal protection with the anticipation that the current year will be the last year? With a monthly installment, you are prevented from being reimbursed for any previous months after the one-time fee has been paid. If you are hoping to be covered by the plan for various years to come, this last option of paying a one-time fee may seriously impact whether you actually receive any benefit from the plan at all. Coverage limits: As stated before, coverage limit is a very important factor in determining which plan to go with. For example, if you are expecting to pay for a criminal case that involves unbelievably long hours of labor by your attorney, but you are just not sure the actual amount of hours that will be needed , a legal protection plan that will only allow for review of up to $300 of your billing is not a good plan for you. The amount of time and energy that you will spend on having to research how to calculate your attorney’s hourly billing towards the coverage limit offered by your plan is probably not worth it for such an amount. And, if you are able to figure out how to calculate your attorney’s hour billing, you possibly will not even be reimbursed for the full amount that you have calculated, if your plan does not agree on your calculation. Coverage exclusions: The third factor state employees should consider is the exclusionary scope of a legal protection plan. You want to make sure that your plan will cover anything that you may need to seek the aid of an attorney for. Exclusions can place a serious burden on the types of legal problems they can handle. For example, if you know you will be dealing with various common legal actions concerning family and consumer matters, such as probate of a will, divorce, custody, consumer fraud, trademarks, wills, etc., then a comprehensive plan has no limitations worth mentioning. However, if your legal action concerns a very specific type of action, such as an identity theft case, the limited scope of your legal protection plan may not cover it. Some plans have limitations related to where providers must be located. Be weary if your plan requires that the provider be located outside of the state where you live. This is often problematic for various reasons. Provider reputation: You need to do your research and make sure that the legal protection plan you choose has a good reputation. You do not want to deal with legal problems on the side just because your legal protection plan provider is a bad egg. If you believe you have been victimized by a legal protection plan provider, it is best not to get back with them. Unfortunately, many consumers are left without any legal protection because the plan they have enrolled in is a scam. This creates a situation where it is actually better to have no protection plan than to have one that cannot provide you with reliable legal counsel.
Limitations and Challenges of Legal Protection Plans
While these plans are designed to support state employees, they are not without their limitations. General exclusions apply to most of the plans. The legal issue may have to exceed $200 in attorney fees for representation. Some plans do not offer coverage for appeals or post-trial matters. Also, if a state employee is eligible for an attorney to be appointed by the State Office of Administrative Hearings, then the employee normally must wait to invoke his or her legal protection plan until after the administrative hearing. The appellate process is also excluded, although there is a gray area therein as to whether the employee can utilize a legal protection plan to obtain representation for an appellate matter that does not involve an existing case. Additionally, some plans have limitations on the types of cases the employee can pursue against the state. While some plans cover a broad range of claims, criminal matters are generally excluded. Other potential pitfalls exist as well such as limiting the attorney’s fees to the amount paid out by the plan, the selection of the attorney to represent the employee, and the inability to handle out of state matters and criminal matters. If an estate plan is needed, those plans are not covered under the legal plans.
Common Questions and Answers
My agency doesn’t offer legal protection plans, can I still enroll through a different agency?
The law only allows for one legal protection company to serve the entire state of Texas. A company that is not participating will not be able to take your application.
I currently have a legal protection plan through another company. Will you transfer that coverage?
No. Only new applicants will be enrolled in your group plan. You may contact the company with whom you are currently enrolled to see if they have a cancellation policy. If not, all coverage would terminate on the date specified in their documentation.
I’m a general employee. I work 20 hours per week. Can I apply?
Yes, as long as you work under the agency of the State of Texas you can enroll in a legal protection plan.
I just signed benefits orientation paperwork. When would my coverage begin?
Coverage will begin once you are officially enrolled in a plan. Typically this could take about a month to officially process.
I just signed paperwork to transfer agencies. Will I automatically transfer into the current plan my new agency participates with?
No. Unless you fill out an enrollment form to the company currently serving your new agency, you will need to wait until the next enrollment period at your new agency.
Choosing the Optimal Legal Protection Plan
Ultimately, the choice of Texas Legal is a personal one for each state employee, depending on his or her unique needs and circumstances. The insurance plan covers an abundance of legal matters, but employees with more uncommon issues should read their certificate of coverage, call the plan administrator, or ask another client to determine if the plan covers their specific needs. Regardless of the coverage, employees should ask themselves what they could realistically spend on legal services over the next 12 months. They should also consider if they have ever had any Type A legal problems, like divorces, child custody disputes, license suspensions, bankruptcies, evictions and foreclosures , and if they foresee any coming up in the near future. Additionally, Texas Legal clients should weigh whether they are comfortable selecting a plan administrator for their claims issues from a list or take a chance on visiting an attorney without any references and seeing if that lawyer is willing to take on your case. It’s up to the individual to balance all of these considerations when deciding if they want to pay a monthly premium for the plan. While it can be devastating to go through a complex legal matter alone when you don’t have enough funds available, the Texas Legal plan isn’t the only option, and individuals can certainly save a little money by doing their research and going in with a plan.