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Employment Law

How to discuss late hours without bringing up family obligations

05/01/2007

Q. We have a position open in our sales department for someone who will be planning and executing company-sponsored events, most of which would take place outside normal 9-to-5 working hours. Is there a way we can ask about the applicants’ family situations and make it clear that missing these events because of family obligations would not be tolerated?

Revising crisis plan? Consider disabled workers’ needs

05/01/2007

In light of April’s shootings at Virginia Tech, organizations are taking a fresh look at their evacuation and emergency notification procedures. When you review yours, resist the well-intentioned temptation to lessen risk by shunting aside disabled employees …

Manager who did the hiring also should do the firing

05/01/2007

It may be a good idea to track who in your organization makes the decisions to hire specific employees. That way, those managers can also be part of the decision to discharge employees who turn out to be duds …

Seek accommodations even if the effort seems impossible

05/01/2007

As soon as an employee makes it known that he needs accommodations, it’s up to the employer to start an interactive accommodations process, even if it turns out that no accommodation is possible …

Pick qualification standards and stick with them

05/01/2007

Sorting through candidates for promotion? Make sure you apply the same education and experience standards to all of them. If you don’t, chances are at least one spurned candidate will consider a lawsuit …

New law, pending bill extend workers’ rights to use deadly force

05/01/2007

Gov. Rick Perry recently signed new legislation that extends an individual’s right to use force without retreat in the face of a criminal attack. Until now, a 1995 exception to a 1973 statute required persons to retreat except when an intruder unlawfully entered their home. Senate Bill 378, however, extends the right to persons in their vehicles and workplaces as well …

Three workers’ compensation bills pass Texas House

05/01/2007

On March 22, three workers’ compensation bills sponsored by state Rep. Helen Giddings passed the full House …

Report EEOC claims or lose insurance coverage

05/01/2007

The U.S. District Court for the Northern District of Texas has dismissed a lawsuit filed by an employer against its employment practices liability insurance company because the employer didn’t tell the insurer about an EEOC complaint right away …

$18.9 million awarded to widow of welder killed in 2003 blast

05/01/2007

A Dallas jury recently returned a unanimous verdict awarding $18.9 million to the widow of Gordon Rutherford. The negligence and recklessness suit resulted from a January 2003 explosion at TXI Inc. …

Noncompete pacts in Texas: New ruling brings clarity … and questions

05/01/2007

Last October, the Texas Supreme Court ruled employers may require new and existing employees to sign covenants not to compete, even if they are “at will” employees. As long as the employees get something in return for agreeing to the restrictions their employers want, the agreements are legal …