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Employment Law

When employee complains of bias or harassment, beware acting in ways that look like retaliation

09/08/2010
An employee who files an EEOC or internal complaint about alleged discrimination or harassment might quite naturally be nervous that her action will result in adverse consequences. That’s why employers have to be certain that any discipline, demotion or changes in working conditions can be justified for valid business reasons before they are implemented.

Texas judge tells strikers to stop sticker campaign

09/08/2010
A Texas judge has ordered members of the United Food and Commercial Workers union to stop placing stickers airing their grievances on jars of Mott’s apple juice and other beverages made by Mott’s parent company, Dr Pepper Snapple.

Check for good faith if ‘whistle-blower’ sues

09/08/2010
The Texas Whistleblower Act creates a presumption that anyone terminated or otherwise disciplined within 90 days of whistle-blowing was punished for reporting the violation. That’s why whistle-blowing can look like an attractive safeguard for an employee who is already facing potential discipline. Fortunately, the employee has to make a good-faith report before the law’s protection kicks in.

Lateral transfer denied? Employee could sue

09/08/2010

Generally, being denied a lateral transfer can’t be the basis for a discrimination lawsuit because it isn’t an adverse employment action. However, sometimes employees try to make that case—and succeed. If the transfer would have provided other benefits that can’t be directly measured in dollars and cents, a court may consider the case as one of a denied promotion.

Courts more reluctant these days to extend deadlines for filing lawsuits

09/08/2010

You should be able to rest more easily after an employee misses a deadline to file a lawsuit. In the past, courts have been lenient when it comes to those deadlines, especially if the employee doesn’t have an attorney. But now the tide seems to be turning. Courts are beginning to get stricter about deadlines.

Calling your employment attorney: When it’s needed, when it’s not

09/07/2010

Say your HR office just received a subpoena for the employment records of an employee. How should you respond? Maybe your company doesn’t have a general counsel. Maybe you don’t even have an HR office—it’s just you! Then what do you do?

Kobe-Wieland hit with ‘regarded-as-disabled’ suit

09/06/2010
Copper tubing manufacturer Kobe-Wieland faces a disability discrimination suit for allegedly terminating Joseph Cardwell because it perceived him to be disabled when he was not.

One sex always does the dirty work? Be prepared to show that it’s essential

09/06/2010

If supervisors disproportionally push either men or women to perform certain distasteful or dangerous tasks, you could face a sex discrimination claim. If that happens, you had better be prepared to show that gender is a bona fide occupational qualification for the tasks.

Can we shuffle hours between weeks to avoid OT?

09/06/2010
Q. Employees at our construction company sometimes work more than 40 hours in one week, but far fewer than 40 the next. We have been transferring the extra hours to the next week. Can we do this?

What are the rules? I’m afraid we wrongly denied an employee’s FMLA leave request

09/03/2010
Q. An employee worked for us for years, took four years off to have a child and was rehired nine months ago. She asked for time off because her child needed surgery. We refused because we thought she was not FMLA-eligible. After we terminated her for an unauthorized leave of absence, we received a nasty letter from her attorney threatening to sue us for violating her rights under the FMLA. Who’s right?