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Employment Law

Don’t let your lawsuit fears prevent necessary discipline

04/01/2007

It’s a dilemma faced by many HR professionals: Discipline an employee who has engaged in a “protected activity” (like union organizing), and you risk a retaliation lawsuit …

In RIFs, Show That Economics (Not Age) Drove Your Decision

04/01/2007

Age discrimination cases are on the rise, with more employees suing under the federal Age Discrimination in Employment Act and the Texas Commission on Human Rights Act …

To prevent retaliation claim, check back within weeks following employee’s complaint

04/01/2007

Employees who come to HR with discrimination complaints may already have talked to a lawyer. They may be building a case and just waiting for someone to make a mistake. It’s your job to make sure that doesn’t happen …

If you handle insurance enrollment, be alert to liability for lost, late paperwork

04/01/2007

When employers assume substantial benefit-administration duties, they may be liable when the proper paperwork doesn’t get to where it should. Because federal law imposes a fiduciary obligation on benefit administrators, employers may be sued when they assume the administrator’s role …

Ignoring Harassment Policy Can Lead to Double-Trouble

04/01/2007

Texas employees and their attorneys have found a way around the federal caps on damages in sexual-harassment cases. Instead of going to federal court, plaintiffs sue in Texas state courts under the Texas Labor Code and add claims of negligent hiring, retention and supervision …

Include disclaimer in incentive plans that clarifies when no contract exists

04/01/2007

Incentive plans are wonderful motivational tools, but make sure yours doesn’t create an enforceable contract. That mistake may force you to pay bonuses to employees who’ve left or cause lawsuits over the payment amount …

Lawmaker pulls bill that would punish employers for illegal hires

04/01/2007

Texas House of Representative member Rafael Anchia (D-Dallas) recently withdrew a measure that would have penalized employers that hired undocumented immigrants …

Local grocery store and EEOC settle disability bias lawsuit

04/01/2007

The Equal Employment Opportunity Commission (EEOC) and Brookshire’s Grocery Co. recently agreed to settle a lawsuit brought by the agency on behalf of a former employee allegedly demoted after the company learned that she was infected with Hepatitis C …

Unemployment Taxes: Don’t Try This Illegal Texas Two-Step

04/01/2007

The Texas Workforce Commission (TWC) recently announced that the agency has recovered nearly $1.8 million in unpaid unemployment insurance taxes from employers …

Seminary President Faces Suit Over ‘No-Women-in-Charge’ Rule

04/01/2007

Dr. Sheri Klouda taught biblical Hebrew at the Southwestern Baptist Theological Seminary in Fort Worth for seven years. Her tenure-track position, however, apparently derailed when a new president took over the seminary …