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Employment Law

Binding employees to noncompete agreements

03/01/2008
Q. We want to bind existing employees to a new noncompete agreement. Can we simply make agreeing to the contract a condition for continued employment? …

Warn staff of new e-Mail scams using IRS’ name

03/01/2008
The IRS has posted a warning about e-mail and phone-based scams that falsely use the agency’s name. The goal: Trick people into giving up their Social Security numbers and other financial data …

When transition looms, note employee interest in staying on

03/01/2008

In uncertain economic times, employers sometimes have to cut staff and redraw org charts to stay competitive. Employees often know far in advance that change is coming—and that they may lose their jobs. And some already may be looking for ways to “get back” at their companies via lawsuits …

It’s essential to have clear hiring and promotion criteria

03/01/2008
The more specific and clear the minimum hiring or promotion criteria, the better. Detailed requirements net you better candidates and allow you to defend your hiring decisions later—if you need to …

FMLA compliance doesn’t rule out enforcing attendance policy

03/01/2008
We all know that people do get sick and miss work due to chronic conditions, accidents and serious illnesses. That doesn’t mean you cannot insist on good attendance. As you enforce your attendance policy, however, make sure you don’t count in any negative way absences covered by the FMLA …

Make sure supervisors can back up their promotion decisions

03/01/2008
Not every organization has a formal program for handling internal promotions. Some rely strictly on supervisor recommendations and employees’ expressions of interest to identify candidates. That can lead to big trouble if supervisors can’t later articulate who wanted a promotion and why they recommended (or declined to recommend) an employee for a new job …

Is that a ‘Protected activity’—Or insubordination?

03/01/2008
Employees know that their employers can’t retaliate against them for filing EEOC complaints, complaining about discrimination or engaging in otherwise protected activity. However, it doesn’t follow that employees are free to taunt their supervisors by pulling the protected-activity card …

Warning: Draft clear compensation agreements to avoid needless litigation

03/01/2008
Texas contract law grants great leeway to employers that create incentive payment plans, especially when it comes to how employers calculate what payment is due employees. Essentially, if the incentive plan says the employer has the right to interpret the agreement language and its decision is final and binding, courts won’t interfere unless the employer interprets it in bad faith …

$15.6 million to former American Airlines employee

03/01/2008
A federal district court judge recently awarded $15.6 million to a former American Airlines employee who claimed a co-worker harassed her. Jamie Abrams alleged that she had received numerous “malicious, obscene, harassing, threatening and interfering phone calls” of a violent and sexual nature, occurring several times daily …

Texas company settles overtime claims for $1.56 million

03/01/2008
The U.S. Labor Department recently announced that McLane Co. Inc., a Temple wholesale distributor of food and grocery products, has paid $1.56 million to 570 current and former employees for wage and hour violations …