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Employment Law

Make sure investigation process doesn’t defame employee

05/05/2008
As an employer, you are obligated to investigate employee harassment and discrimination claims. How you handle those investigations can determine whether you’ll have to prepare for later lawsuits. The problem: allegations that you defamed someone while conducting the investigation …

Track discipline to show equal treatment for all workers

05/05/2008
Insist that managers tell HR when they issue any form of discipline, even an oral warning. That way, there’s a record that you can later use to explain why it only looks like a discharged employee was punished more harshly than others who committed the same offense …

Use business necessity as rationale for pre-Employment exams

05/05/2008
Does your hiring process build in safeguards to prevent inadvertent disability discrimination? If you’re unsure, follow these guidelines for setting up the right process …

Minor workplace changes won’t lose discrimination case

05/05/2008
Supervisors often treat employees who have been known to complain about discrimination with kid gloves. But you should explain to managers and supervisors that only adverse employment actions can lead to lawsuits. Minor workplace changes probably won’t provide ammunition for yet another discrimination complaint …

Get legal advice when hiring workers with noncompetes

05/05/2008
When hiring new employees, be aware that they may have signed noncompetes or other employment agreements with their previous employers. Ask if they have. If they did, ask for a copy. Then have your attorney review the terms before you make an offer. Here’s why …

Discharging ill employee for performance? Better make sure you can prove it

05/05/2008
Courts often suspect the worst when employers fire severely ill employees. A judge may bend over backward trying to find a way to help the employee. An employer that can’t offer concrete, solid and compelling reasons for the termination may very well find itself trying to defend a “regarded as disabled” lawsuit …

Even small differences can justify different treatment

05/05/2008
An employee sometimes will look for any reason to file a lawsuit—especially if she thinks she has been treated unfairly but doesn’t have any direct evidence. That’s one good reason for justifying all employment-related decisions …

Houston RNs vote in favor of union

05/05/2008
The National Nurses Organizing Committee/California Nurses Association announced that the registered nurses at Cypress Fairbanks Medical Center Hospital in Houston voted in favor of representation …

Texas court to rehear ruling on whether premises owner can avoid tort liability

05/05/2008
The Texas Supreme Court in April granted a petition to rehear its decision that a premises owner was protected from tort liability under the state’s workers’ compensation law because it was also a general contractor …

Texas water company to pay $597,000 for FLSA violations

05/05/2008
A Texas company that provides water transfer services for the natural gas industry has agreed to pay $597,530 for violating the Fair Labor Standards Act. An investigation by the U.S. Department of Labor found that the Western Company of Texas, Inc., based in Justin, owed back wages to 237 employees. The company had failed to pay them overtime …