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Discrimination / Harassment

New employee a dud? Give the early hook without heading to court

11/02/2010

Sometimes it’s obvious from the get-go that a new hire just isn’t working out. You must dismiss him, the sooner the better. When the employee is a member of a protected class, who does the firing can make all the difference between a clean break and a messy discrimination lawsuit.

Establish clear performance expectations so courts can judge if employee was meeting them

11/01/2010

Courts often hesitate to second-guess employers when they fire employees for what seem like honest reasons. And employers that set out clear performance expectations and then show how the terminated employee fell short rarely lose a lawsuit. That’s because, absent smoking-gun evidence of discrimination, fired employees have to prove they were meeting their employer’s legitimate expectations.

4 phrases that can sabotage job reviews

11/01/2010

When supervisors talk with employees about job performance, they must beware using common phrases that can unintentionally communicate the wrong message, or come across as too negative … or even legally dangerous. Feel free to share this “Memo to Managers” article with everyone in your organization who conducts performance reviews. Bonus: They’ll also learn the two phrases virtually guaranteed to spark a lawsuit.

How responsible is a parent company for an action filed against a subsidiary company?

11/01/2010
Q. A former employee has filed an employment discrimination lawsuit against one of my company’s subsidiaries. The suit names both the subsidiary and us—the parent company—as the responsible employers. Isn’t this charge just the subsidiary’s problem and not ours?

Former Bells bank worker files age discrimination suit

11/01/2010
A former employee of First Bells Bankshares in Bells, north of Dallas, has filed a discrimination lawsuit alleging that the Texas bank fired her after she refused to be demoted.

EEOC puts the bite on Burleson dental office

11/01/2010

The EEOC has filed a sexual harassment lawsuit claiming that a Burleson dentist subjected two employees to unwanted sexual conduct and a sexually hostile work environment. David Mikitka is the lead dentist at the practice, known as Smile Brands of Texas.

Fired after cancer diagnosis, Nacogdoches bus driver sues

11/01/2010
A former school bus driver is suing the Nacogdoches Independent School District, arguing she was fired because of a dire medical condition. She accuses the school district of firing her for exercising her right to medical leave due to a serious health condition under the FMLA. The suit also alleges disability discrimination, race discrimination, retaliation, breach of contract and violations of the Texas Labor Code.

Fired employee suing? Find out if he’s filed for bankruptcy

11/01/2010

Terminated employees sometimes have to file for bankruptcy. Sometimes they sue former employers, too. In that case, they’re required to inform the bankruptcy court about their pending lawsuit. If you lose a lawsuit, have your attorney find out whether the former employee has filed for bankruptcy. You may find that you have a “get out of jail free” card.

You can require ability to speak second language

11/01/2010
The 5th Circuit Court of Appeals has refused to expand the right to sue to individuals who don’t speak a second language. That leaves employers free to require second-language skills for some jobs.

East Texas nursing home gets a pregnancy checkup

11/01/2010

The EEOC has sued an East Texas health care company for firing a housekeeper after learning she was pregnant. The federal agency sued Murphy Healthcare, which operates Frankston Healthcare Center, for firing Myesha Kerr, allegedly because it was concerned that she would be required to perform heavy lifting and be exposed to toxic chemicals.