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Employment Law

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.

New rule bans discrimination against contractors’ LGBT employees

04/13/2015
A White House executive order that went into effect April 8 prohibits federal contractors and subcontractors from discriminating against employees on the basis of sexual orientation and gender identity.

What doesn’t count as reverse discrimination

04/10/2015
A single racially charged comment from someone who didn’t have any say in a subsequent discharge decision won’t support a reverse discrimination claim.

Anxiety disorder a covered ADA disability

04/08/2015

Since the EEOC declared that “the ability to interact with others” is an essential life function, some employees and their attorneys have argued that a long list of psychiatric and psychological disorders are covered ADA disabilities. If the diagnostic criteria for a condition includes difficulty getting along with others, then being diagnosed with the condition is proof enough of disability, goes the argument. Now a federal appeals court has essentially agreed with that position, at least when it comes to one diagnosis.