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Employment Law

Violinist, West Texas A&M playing in harmony after mediation

04/06/2011
A West Texas A&M University violin instructor, who is also a member of the university’s acclaimed Harrington String Quartet, has agreed to settle a lawsuit that alleged she was fired after she missed work due to pregnancy complications and subsequent time off she took after giving birth.

State workers have limited right to challenge firings

04/06/2011
Here’s a reminder if you work at a Texas public university or another state-affiliated organization: Employees may have a “property interest” in their jobs. That means they’re entitled to receive notice that they are being fired—and to challenge the decision.

Log when you told employee about adverse decisions

04/06/2011

Employees who want to sue for discrimination under the Texas Code have to file state charges within 180 days of alleged discriminatory conduct. The time is measured from the date the employee learns of the decision. That’s why it’s important to document that you let the employee know he was being demoted, denied a promotion or is scheduled for termination.

You can fire worker out on FMLA leave–just show legitimate work-related reason

04/06/2011

Some employees believe that applying for or taking FMLA leave insulates them from legitimate punishment. They think, “You can’t discipline me because I just took FMLA leave; that would be retaliation.” That just isn’t true.

Terminating without giving a specific reason? Document rationale for the record, regardless

04/06/2011

Many employers don’t like to provide specific reasons for firing someone. Instead, they simply tell the employee that he is being terminated from his at-will employment. Don’t take that as an excuse not to document the reason you are terminating the employee.

Supreme Court: Oral complaints have retaliation protection, too

04/06/2011
Employees are three-for-three in employment law cases argued before the U.S. Supreme Court this term, now that the Justices have decided that an employee doesn’t have to complain in writing in order to be protected from employer retaliation.

Justify exempt status to avoid class actions

04/06/2011

It takes just one or two disgruntled employees to start an FLSA class-action overtime lawsuit. Be prepared to fight such lawsuits early and vigorously. Your best bet: Classify employees correctly in the first place.

New Supreme Court ruling expands your potential FLSA liability

04/06/2011
The Fair Labor Standards Act forbids employers from retaliating against workers because they’ve “filed any complaint” about their pay, perks or work conditions. On March 22, the U.S. Supreme Court ruled that such complaints don’t need to be in writing to be considered “protected activity.”

NLRB ruling revisited: Can employees really trash you on Facebook?

04/05/2011
Don’t read too much into the NLRB’s recent “Facebook rant” ruling. Despite much employer hand-wringing, the decision didn’t give employees a free pass on social media posts. They still don’t have license to defame, disparage or otherwise trash their company, management, product or co-workers. Here’s why.

New immigration worry: ‘Mob’ charges for hiring illegals

04/05/2011

The immigration law landscape keeps changing, and employers must keep up. Now a new risk is emerging: Clever attorneys have begun filing RICO Act lawsuits, alleging that some employers are essentially running “mob” operations by knowingly hiring illegal immigrants.