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Employment Law

Was she just foul-mouthed–or a victim of bias?

03/04/2011
Westward Trails Rehabilitation and Healthcare Center says it fired Evelyn Jones because she cursed at a patient at the Nacogdoches nursing home. The 67-year-old Jones says she lost her job because of her age and race.

EEOC: Houston Fire Department hostile to female firefighter

03/04/2011

The EEOC has determined that the Houston Fire Department subjected firefighter Jane Draycott to a hostile work environment when it failed to address her complaints of sex discrimination and retaliation. That finding could prove costly to the city of Houston, since Draycott is suing the department.

Disclaimer can counter employment-contract argument

03/04/2011
A disclaimer that clearly states an employee has no employment contract may be enough to kill a tortuous interference-with-contract claim.

Unions have no separate duty to ferret out discrimination

03/04/2011
Employers are obligated to make sure their employees don’t discriminate. However, unions have no similar duty to investigate and expose bias.

Good record-keeping, constant contact are key to successful FMLA administration

03/04/2011

Smart employers carefully track FMLA leave and make sure employees know their rights. That includes warning employees when their leave is about to expire and explaining their options for returning or requesting additional time off. By keeping employees informed and meticulously tracking all conversations, you make it harder for someone to successfully sue you.

Texas deadlines tighter than Ledbetter Act’s

03/04/2011
A Texas appeals court has ruled that the Lilly Ledbetter Fair Pay Act of 2009 doesn’t change the deadline for filing a claim under the Texas Labor Code. Employees still have to use the pay decision date as the start of the filing deadline.

Statewide anti-gay bias bill introduced in Legislature

03/04/2011
Texas state Rep. Mike Villarreal (D-San Antonio) has filed a bill that would prohibit Texas employers from discriminating against employees on the basis of sexual orientation, gender identity or gender expression.

Tell bosses: Don’t play doctor with the FMLA

03/04/2011

When an employee asks for and is granted FMLA leave, absences that occur during the approved leave can’t be held against him. That includes days when he might be able to work but, according to doctors, shouldn’t do so. According to a Texas court, that means employers can’t retroactively assess absenteeism points during FMLA leave.

The HR I.Q. Test: March ’11

03/04/2011
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

What’s wrong with this picture? You be the judge

03/03/2011
How many contemporary employment law violations can you spot in this 1860s ad for the Pony Express?