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Employment Law

Study: Good-Looking people suffer a ‘Beauty penalty’ at work

11/01/2006

Studies in the past have shown that attractive people generally earn a "beauty premium." That is, they earn more money, enjoy better performance reviews and people view them as being more intelligent and trustworthy. But according to a recent study published by Rice University, those studies may have it wrong …

Texas workers’ comp offices aim to handle complaints faster

11/01/2006

The Texas Department of Insurance (TDI), Division of Workers’ Compensation, recently changed its complaint resolution process by going paperless. To improve its response time to complaints, the workers’ comp office will begin using an automated workflow system …

Discrimination lawsuit by lesbian nurse fails in court

11/01/2006

A federal judge in the Northern District of Texas recently dismissed a Title VII discrimination lawsuit brought by a lesbian nurse who claimed that she was fired because of her sexuality and appearance …

Rethink noncompete contracts after big Supreme Court ruling

11/01/2006

A significant Texas Supreme Court decision handed down last month makes it easier for employers to write and enforce noncompete agreements in Texas. The ruling, ASM v. Johnson and Strunk & Associates, provides important protection for businesses that want to use noncompete agreements to limit unfair competition from former employees …

Layoff choices: Focus on performance, not just salary level

11/01/2006

Nothing triggers age discrimination lawsuits like a layoff. After all, saving money is a primary consideration in most decisions to downsize. And because long-term employees are often paid more than newer employees, organizations that focus on money often end up with layoff lists heavy with post-40-year-olds. That’s a recipe for an Age Discrimination in Employment Act lawsuit …

Use snail mail, not e-mail, to file unemployment appeal

11/01/2006

While it may seem convenient to use e-mail to file appeals of unemployment compensation decisions, be aware of this risk: If the Unemployment Compensation Board of Review doesn’t receive your e-mail, your appeal will be rejected when the 15-day appeal period expires …

Employees can hold you to oral pay promises under Pa. law

11/01/2006

Here’s a reason to be extra careful about what you say to employees regarding their pay: The Pennsylvania Wage Payment and Collection Law (WPCL) gives employees a way to collect on employers’ promises about wages, even if those promises were never put in writing …

Prepare to justify answers with solid business reasons

11/01/2006

While many employees view a transfer to a different location as a positive career move, others don’t see it that way. Some employees may assume discrimination in what your organization thinks of as normal career development …

Carefully craft an escape clause in all job contracts

11/01/2006

If you use employment contracts for independent contractors or senior-level managers, make sure those contracts contain enough "wiggle room" to terminate for cause based on your subjective performance assessment …

Survive a PHRC probe only with precise documentation

11/01/2006

Conventional wisdom holds that employers won’t face strict scrutiny if they fire employees who aren’t meeting performance expectations during their probationary period. Conventional wisdom is wrong, at least when it comes to the Pennsylvania Human Relations Commission …