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Employment Law

Highland Village firefighter: Department harassed, retaliated

01/07/2011
A female firefighter in Highland Village has filed a lawsuit accusing the municipality of sexual harassment and retaliation following her firing in November 2008, after she filed internal and state complaints.

Allen debt counseling firm sued for race bias, FLSA violations

01/07/2011
Two former salespeople are suing Greenshield Financial Services, a debt consolidation firm based in Allen, claiming the company is racially biased and failed to properly pay them for overtime hours.

EEOC sues Houston firm over mandatory retirement

01/07/2011
The EEOC says a Metallic Products’ policy of requiring employees to retire at age 70 is a violation of the Age Discrimination in Employment Act (ADEA) and is suing to make it stop.

Muslim manager springs lawsuit on Jack in the Box

01/07/2011
A former manager of an East Texas Jack in the Box fast food restaurant is suing the chain for discrimination on the basis of national origin and religion.

Independent contractor or employee? How to make the call

01/07/2011
On the crucial question of whether a worker is an employee or an independent contractor, you had better answer correctly. Otherwise, expect scrutiny from the IRS, which monitors worker status to make sure Uncle Sam collects all taxes due. The IRS looks at three broad categories of information to decide whether someone is an employee or a contractor.

FLSA doesn’t cover claims for distress, punitive damages

01/07/2011

Employees who win Fair Labor Standards Act lawsuits over wage-and-hour violations can only collect damages based on concrete and real losses. They can’t collect emotional or punitive damages on top of other damages.

Bias complaint won’t fly if everyone was equally qualified

01/07/2011
Job applicants or employees looking for promotions who think they were passed over because of a protected characteristic like race or sex generally have to show that they were the best, most qualified candidate.

Firing? Follow the 2-and-1 rule: Two company reps, one reason for termination

01/07/2011

Have at least two managers represent the company at any termination meeting. That way, the fired employee can’t make exaggerated claims about what happened during the meeting. Also, decide ahead of time the exact rationale for the discharge and then stick with that one reason.

You’re not a doctor! Don’t restrict pregnant employee’s work unless her physician says so

01/07/2011
Some old-school managers cling to outdated notions about how to treat pregnant employees. Watch out if over-protectiveness results in women being denied an opportunity to work when there’s no reason not to.

Beware constructive discharge: When work is so intolerable, employee feels he must quit

01/07/2011

Every once in a while, an employee is such a pain in the neck that a manager wishes he would just quit. Methodically, the boss makes life increasingly difficult for the problem child. Finally, the employee resigns. Problem solved, right? Wrong! Now the employee can sue, claiming “constructive discharge.”