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Employment Law

Manager recommends discipline or firing? Investigate before agreeing to go along

04/02/2012

Here’s something to consider the next time you authorize discipline or discharge: It pays to independently investigate management’s underlying reasons for the action. Do that even if the employee in question doesn’t belong to a traditional protected class.

Beware sudden criticism after FMLA request

04/02/2012
Here’s something to watch out for when approving a supervisor’s recommendation to discipline or discharge an employee. If the employee has requested FMLA leave and was previously performing well, be suspicious of claims she’s now performing poorly.

Poor performer? Give examples during review

04/02/2012
Not every new hire works out—including applicants who looked promising or at least competent during the interview process. You’ll want to give the employee a chance to improve, but you’ll also want to protect the company in the event of a lawsuit. Providing a detailed and thorough performance review that includes specific examples and suggestions will help.

AC contractor chills and settles sexual harassment claim

03/30/2012
Hobson Air Con­­di­­tion­­ing, a Weatherford contractor, has agreed to pay $37,500 to settle charges that a manager created a sexually hostile work environment.

Is it really whistle-blowing? Not without good faith

03/30/2012

Some employees think that throwing around a few unfounded allegations makes them whistle-blowers. They assume that by reporting what they think is illegal activity, they gain job protection. That’s not always true. If the alleged misconduct isn’t reported in good faith, there’s no protection.

Employer rolls workers’ comp dice–and wins!

03/30/2012
A Texas employer has “won” a case that shows why going without ­workers’ compensation insurance can be expensive even in the best of circumstances. It persuaded a Texas appeals court that an accident—not negligence—caused a nurse’s injury, but only after spending thousands of dollars to defend itself.

Beware offer letters that seem to imply that they are employment contracts

03/30/2012
If you want to retain the ability to fire at will, make sure any memos, letters or emails detailing a job offer don’t create an employment contract. That means never promising that termination will be for cause or for any list of reasons.

Employee out of FMLA leave and unable to do the job? It’s time to consider termination

03/30/2012

You probably know that when a disabled employee has used up all his FMLA leave entitlement, he may still be entitled to reasonable accommodations under the ADA. It’s legitimate to offer additional leave as a reasonable accommodation. However, at some point, time off can be a burden for employers, especially when the employee can’t estimate when he will be ready to return. In that case, it may be time to terminate the employee.

No matter how many clients, temps must still get OT pay

03/30/2012
Dallas-based staffing agency Temp Team has agreed to settle FLSA violations un­­covered during a U.S. Department of Labor Wage and Hour Division investigation. The $244,104 settlement will be split among 252 current and former employees.

Texas Supreme Court rules on jury-trial waivers

03/30/2012
The Texas Supreme Court has handed an important victory to Texas employers eager to avoid jury trials for employment disputes: It ruled that, as long as the employees are at-will workers, threatening to fire them for refusing to give up the right to a jury trial does not invalidate the agreement.