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Employment Law

Promoting employee: Yeah, that probably doesn’t count as retaliation

04/13/2015

It’s considered protected activity when employees complain about harassment based on ethnicity or other protected characteristics such as sex, race or religion. That means employers can’t retaliate against employees for having filed a harassment complaint. Now a court has clarified the obvious: Promoting an employee isn’t retaliation.

Routine medical care doesn’t trigger FMLA

04/13/2015
The FMLA is supposed to protect employees from losing their jobs when they can’t work due to a serious health condition. Minor maladies such as colds, headaches and body aches usually aren’t enough to merit protected leave. That’s true even if the employee goes to a doctor and gets a prescription, unless the health care provider also tells the worker to return within 30 days for a follow up or otherwise actively monitors the illness.

Use trial accommodation to test feasibility

04/13/2015

Do you worry that starting accommodations for a disabled employee may mean you have to continue them indefinitely? Relax. In fact, a trial accommodation may actually benefit employers in the long run. If the accommodation turns out to be disruptive, impractical or more costly than you thought it would be, you can stop it.

What are we up against? We’re being sued for misappropriation of trade secrets!

04/13/2015
Q. I recently hired someone who previously worked at a competitor’s company for some time. When she began working for me, she made some great suggestions regarding new business strategies, processes and products for us to implement. Now, a few months later, her former company is suing me for misappropriation of trade secrets. What does this mean?

Is that employment action adverse? 5th Circuit won’t say

04/13/2015
Not every slight, indignity or inconvenience experienced in the workplace is sufficient to meet the standard set by the ADEA, Title VII of the Civil Rights Act of 1964 or other state or federal law. Even so, where does one draw the line?

Texas legislation would protect LGBT employees

04/13/2015
Texas Sen. Jose Rodriguez has proposed a bill barring discrimination against the state’s lesbian, gay, bisexual and transgender employees.

Prepare to justify termination by citing business reasons unrelated to FMLA leave

04/13/2015
Employees on FMLA don’t earn protection against legitimate discipline for reasons unrelated to FMLA leave.

Downsizing oil companies could see gusher of litigation

04/13/2015
Falling oil prices have forced many energy companies to cut their workforces until the market recovers. Former employees on the receiving ends of those cuts could try to recover lost income through lawsuits.

Ad hoc second chances? See you in court!

04/13/2015

If you have a strict rule in place that calls for discharge for a specific offense, be careful before you make an exception for one employee. If you do, another who doesn’t’ get a second chance may believe the real reason is some form of discrimination and point to the other employee’s race, ethnicity, sex or other characteristic different from his as proof.

Take care when new boss is former colleague

04/13/2015
Assume that a lingering friendship can affect the supervisor/subordinate relationship. At least for a trial period, carefully review all discipline that the new boss wants to impose.