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Employment Law

Supremes at work: 8 key employment law cases on docket

11/01/2010

Can the federal government require contract employees to disclose their use of illegal drugs? Can states sanction employers that knowingly hire unauthorized aliens? The U.S. Supreme Court will decide these and other issues in its new term, which began in October.

Former Bells bank worker files age discrimination suit

11/01/2010
A former employee of First Bells Bankshares in Bells, north of Dallas, has filed a discrimination lawsuit alleging that the Texas bank fired her after she refused to be demoted.

EEOC puts the bite on Burleson dental office

11/01/2010

The EEOC has filed a sexual harassment lawsuit claiming that a Burleson dentist subjected two employees to unwanted sexual conduct and a sexually hostile work environment. David Mikitka is the lead dentist at the practice, known as Smile Brands of Texas.

If absenteeism not disability-related, feel free to discipline

11/01/2010

You should hold disabled employees to the same behavioral standards as other employees, unless there is a good disability-related reason to deviate from the rules. For example, if you set strict time limits for lunches and authorized breaks, there is no reason to give disabled employees more time unless allowing more time is a legitimate reasonable accommodation.

Fired after cancer diagnosis, Nacogdoches bus driver sues

11/01/2010
A former school bus driver is suing the Nacogdoches Independent School District, arguing she was fired because of a dire medical condition. She accuses the school district of firing her for exercising her right to medical leave due to a serious health condition under the FMLA. The suit also alleges disability discrimination, race discrimination, retaliation, breach of contract and violations of the Texas Labor Code.

It’s time to review and revise your employee handbook

11/01/2010

Make this your New Year’s resolution: Go through your employee handbook to make sure all the information is accurate and up-to-date, reflects how your organization really does business and fully complies with the law. It’s important to regularly review and revise employee handbooks because having an out-of-date handbook may be more dangerous than not having one at all.

Fired employee suing? Find out if he’s filed for bankruptcy

11/01/2010

Terminated employees sometimes have to file for bankruptcy. Sometimes they sue former employers, too. In that case, they’re required to inform the bankruptcy court about their pending lawsuit. If you lose a lawsuit, have your attorney find out whether the former employee has filed for bankruptcy. You may find that you have a “get out of jail free” card.

You can require ability to speak second language

11/01/2010
The 5th Circuit Court of Appeals has refused to expand the right to sue to individuals who don’t speak a second language. That leaves employers free to require second-language skills for some jobs.

Court upholds validity of employment agreement that required binding arbitration

11/01/2010
A state appeals court has dismissed an employment discrimination case because the parties had signed an agreement that required disputes go to binding arbitration rather than court.

No contract with employees? Feel free to change terms of employment

11/01/2010

Employers that don’t require employees to sign employment contracts are free to change the terms of employment anytime they want. By staying on the job, employees legally accept the new terms and become bound by them. That’s true even if they continue working under protest. Their only remedy would be to quit and sue over the change.