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Employment Law

Does your action seem sleazy? Reconsider

12/02/2011
Employers are technically allowed to terminate employees who don’t turn in their paperwork within 15 days of going on FMLA leave. But doing so under all circumstances may be a mistake, especially if the employee had a good reason for the delay.

Keep consistent records of all disciplinary actions

12/01/2011
You must track all disciplinary actions. That way, you can quickly determine whether your discipline has been equitable.

Beware impromptu evaluations to decide RIFs

12/01/2011

If you must cut staff, you naturally want to terminate the least productive workers and keep the most productive ones. You could make the decision on the basis of past performance evaluations. But what if there aren’t any?

Documentation is key to winning bias lawsuits–along with clear policies, thorough investigations

12/01/2011

When terminating several em­­ployees at the same time, make sure you have carefully documented the reasons. That’s especially important if the employees share common protected characteristics such as age. You want to be prepared for a lawsuit if they decide the real reason they lost their jobs was their protected characteristic.

Discipline OK for stonewalling investigation

12/01/2011

Sexual harassment allegations often come down to he said/she said arguments. Without hearing from both sides, there’s no way to figure out what happened. If one of the people involved in the allegations won’t talk, you can discipline him for refusing to co­­operate.

Does our ‘sick leave bonus’ count toward employee’s regular rate of pay?

11/30/2011
Q. We pay a bonus for not using accrued sick leave. Does that count when determining an employee’s regular rate of pay for overtime purposes?

Can we offer more vacation in lieu of OT pay?

11/30/2011
Q. May an employer compensate an employee for overtime work by awarding additional paid vacation time equal to the total accrued overtime?

Texas’ new ‘Loser Pays Law’: Employers score a win

11/30/2011

Texas employers have long been frustrated with the expense of defending against frivolous claims. Even when employers win a lawsuit, litigation can cost thousands in legal fees and lost productivity. Now at least some help is on the way. The Texas Legislature has passed the much-hyped “Loser Pays Law.”

Shared password rouses firing, lawsuit against TIAA-CREF

11/30/2011
A Texas employee of TIAA-CREF is suing the retirement fund giant after she was fired for allegedly sharing her computer password with a co-worker. In June 2011, she resigned to avoid being fired for the offense.

Time to revamp policies banning guns in parking lots

11/30/2011
Many employers have workplace violence policies that prohibit em­­ployees from possessing firearms in or around the workplace. They’ll have to rethink those policies, now that Texas has a new law that limits most em­­ployers’ right to bar employees from having firearms in vehicles parked at em­­ployers’ parking areas.