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Employment Law

Applicant can sue only if there’s a true job opening

03/01/2007

Do you worry you may be courting a discrimination lawsuit when you turn away an applicant or toss an unsolicited résumé in the trash? Rest assured that turning away applicants when you don’t have an opening isn’t likely to get you in trouble …

Firing a troublemaker? Focus on concrete business reasons

03/01/2007

When it comes time to fire a difficult employee, focus on clear and easily explained legitimate business reasons for the action you want to take. That means documenting any work problems and relating those problems to the major job functions you hired the employee to perform …

Good records are key to winning retaliation lawsuits

03/01/2007

When it comes to discharging employees, it’s very important to document your decision-making process. Be prepared to show that you followed company disciplinary rules and applied them even-handedly …

Job Stress Can Count as FMLA-Eligible ‘Serious’ Condition

03/01/2007

A court has ruled that an employee’s inability to go to work due to stress and anxiety about a pending termination or other performance issues may be considered a “serious health condition” under the FMLA …

No duty to warn employees of obvious dangers

03/01/2007

In Texas, employers who don’t opt for inclusion in the workers’ comp system are responsible for their employees’ injuries if they fail to warn employees of hazards. But that duty doesn’t extend to obvious dangers …

HIV-Positive trucker settles discrimination case

03/01/2007

A truck driver who is HIV-positive has settled an employment lawsuit against his former employer, E.C. Trading Ltd. He claimed the company cut his hours and then fired him after it learned about his HIV status …

Jury awards $150,000 to worker in Tarrant County retaliation case

03/01/2007

A Tarrant County jury has awarded more than $150,000 in damages to a former animal control officer who sued the city of Burleson for wrongful discharge …

Houston manufacturer settles bias lawsuit with 78 employees

03/01/2007

A federal district court judge in Texas recently approved a settlement to resolve allegations of national-origin discrimination against QuietFlex Manufacturing Co …

Can telecommuters file lawsuits in their home state?

03/01/2007

Before allowing employees to work from home or another remote location, consider the risk of making your organization liable under anti-discrimination laws in the state or city where that telecommuter lives …

Seek Written OK for Internal-Complaint Resolutions

03/01/2007

The aim of any good harassment policy is to stop problems before they turn into a litigation nightmare. Reaching a compromise early, even when you aren’t convinced anything illegal has happened, makes sense if that settlement doesn’t lead to a retaliation lawsuit later …