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Employment Law

Employee pays when customers don’t?

08/01/2007

Q. I own a four-star restaurant in a large metropolitan area. Unfortunately, customers sometimes skip out on their checks. Can I deduct from the waitress’s salary the money owed by a fleeing customer? …

Hiring questions: What’s off limits?

08/01/2007

Q. What questions are off limits on an employment application or when conducting a job interview?

What Makes an Environment ‘Hostile’?

08/01/2007

Q. What factors determine whether an environment is “hostile”? …

Transparent process best defense against hiring lawsuits

08/01/2007

The success of your organization depends on hiring the right people. You spend a lot of time and effort determining the company’s needs and designing job descriptions that meet those needs. Don’t let a potential discrimination lawsuit ruin all that hard work. Instead, make the hiring process as transparent as possible …

Track pay raises as defense to retaliation claims

08/01/2007

Sometimes, employees who have complained about real or imagined discrimination look for evidence that they’re being punished for complaining. Then, when something happens at work that may be completely unrelated to the complaint (e.g., a missed raise because of budget constraints or job cuts due to business cycles), they cry retaliation. Your best protection is to keep detailed records of all pay increases and merit payments …

Mere psychiatric diagnosis does not a disability make

08/01/2007

Not everyone who has a diagnosed psychiatric condition is disabled and entitled to protection under the ADA. Before you authorize reasonable accommodations or allow a psychiatric condition to become an excuse for poor performance, decide whether the condition rises to the level of a covered disability …

Beware any change in working conditions after complaint

08/01/2007

When an employee claims discrimination, HR should make sure that employee isn’t retaliated against. But retaliation is more than lost promotions, discharge or demotions. Retaliation can be any employer-initiated action that would deter a reasonable person from complaining. That’s why it’s crucial for HR to let supervisors and managers know they shouldn’t change anything about the employee’s working conditions without HR approval …

Remove open job listings if you don’t plan to fill them

08/01/2007

Do you routinely keep unfilled positions open and posted? If so, consider removing them until your organization plans to actively recruit to fill them. Otherwise, an employee who is disgruntled for not having been promoted may see the posting and try to argue that he or she is being retaliated against for prior complaints …

Texas Supreme Court affirms employers not responsible for contractor negligence

08/01/2007

Good news: The Texas Supreme Court has refused to create new liability for organizations that do work through independent contractors. The case points out how important it is to make sure independent contractors stay that way …

How not to treat a pregnant employee

08/01/2007

Pregnant Texas employees are protected from discrimination under the Texas Commission of Human Rights Act (TCHRA). The TCHRA prohibits sex discrimination and makes it an “unlawful employment practice if because of … sex … the employer discharges an individual.” It also defines sex discrimination to include “discrimination because of or on the basis of pregnancy.” …