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Employment Law

Insist whistle-blowers use internal process before suing or calling authorities

01/05/2009

It may not be particularly comfortable for government employees to bring alleged wrongdoing to their supervisor’s attention, but whistle-blowers have to muster the courage to do just that. The Texas Whistleblower Act says so.

Federal employees must act fast to file claims of alleged discrimination

01/05/2009

Federal employees have to file discrimination claims as soon as they suspect they have been subjected to some form of discrimination. They can’t wait until they have figured out who, what, when, where and why they didn’t get a job or promotion.

Without ‘ultimate employment action,’ it’s hard to make discrimination claims stick

01/05/2009

Employees who think they are victims of some form of discrimination must show they were treated differently in some important way because of their race or other protected characteristic. But minor annoyances—such as heavier workloads—are not usually considered discrimination.

Hang tough when there’s absolutely no discrimination

01/05/2009

Sometimes, you have to trust that your lawyer and the courts will do the right thing and toss out a clearly frivolous case. As long as you are sure that you have solid reasons for firing an employee who wasn’t doing her job—and that you didn’t treat her any differently than any other employee with the same track record—fire her.

Title VII doesn’t cover retaliation for OSHA complaints

01/05/2009

The 5th Circuit Court of Appeals has rejected an invitation to expand the number of cases that fall under Title VII’s retaliation provision. It recently ruled that someone who reports an OSHA violation couldn’t charge that he or she was retaliated against by filing a Title VII retaliation lawsuit.

Settlement leaves weight loss firm $20 million lighter

01/05/2009

LA Weight Loss, which was renamed Pure Weight Loss in 2007, has settled a lawsuit filed against it by the EEOC. The agency had alleged a nationwide pattern and practice of sex discrimination at locations across the country …

UT faculty association sues over job losses at medical branch

01/05/2009

An association representing University of Texas faculty members recently filed a lawsuit against university officials on behalf of UT Medical Branch employees, challenging the legitimacy of the decision to lay off 3,800 employees in the aftermath of Hurricane Ike.

New FMLA regulations and military leave: What you need to know

01/05/2009

New FMLA regulations go into effect on Jan. 16. Employers must become familiar with these changes and adjust their policies accordingly. Here’s a summary of some of the most important changes to the FMLA.

Can I fire an employee whose financial woes have me worried about our own finances?

01/05/2009

Q. I recently discovered that an employee who handles my company’s accounts receivable has filed for bankruptcy. Can I discharge this employee?

Can we demand a second opinion on fitness for duty after FMLA leave?

01/05/2009

Q. We have an employee returning from a leave taken under the FMLA. His physician has issued a fitness-for-duty certificate. However, we question the worker’s ability to perform his old job because the length of his absence was too short for him to recover completely. Also, the fitness-for-duty certificate simply states that he is “able” to work, without addressing his specific job duties. Can we send him to another physician for a second fitness-for-duty examination?