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Employment Law

Loose lips lose lawsuits: Screen performance reviews for FMLA comments

08/03/2010
Comments supervisors make on performance evaluations can come back to haunt the company—especially if they concern the FMLA. That’s why HR should carefully review performance evaluations and tell supervisors to zip it when tempted to gripe about FMLA leave.

Does the ADA allow us to look into dangers posed by employee’s recurring medical crises?

08/02/2010
Q. About once a month, one of our employees faints, is taken to the hospital by ambulance and is released to return to work—without restrictions. These recurring incidents are affecting our productivity, and we’re worried about the employee’s health. The employee has claimed the episodes are induced by workplace stress. What should we do?

What’s our legal defense? Working here would be dangerous for ill applicant

08/02/2010
Q. When a job applicant took a post-offer physical, he learned he has hepatitis C. The position he is seeking at our oil refinery would expose him to chemicals that could be harmful to his liver. If we refuse to hire him and he alleges disability discrimination, will we be able to utilize the “direct threat” defense?

Trucking companies unload $50K to settle retaliation suit

08/02/2010
Two Texas transportation brokerage companies have agreed to pay $50,000 to settle an EEOC discrimination lawsuit. The suit centered on allegations of harassment and retaliation at Amino Transport and Chariot Express, Dallas-based trucking companies.

Former employees take big bite out of Texas Dental Association

08/02/2010
Two former employees of the Texas Dental Association are $900,000 richer after receiving back pay in a settlement agreement brokered by the National Labor Relations Board.

Records retention: Know what to keep, what’s safe to toss

08/02/2010
If there’s one thing all HR pros share, it’s probably a love/hate relationship with paper and paperwork. You know you need good records, but you also need to get rid of them periodically. That’s what a records-retention schedule will help you do.

Guard against punishing FLSA whistle-blowers

08/02/2010
The Fair Labor Standards Act makes it illegal to punish an employee who reports violations, real or perceived, to the U.S. Department of Labor. If you learn about such a report, don’t punish the messenger. Address the complaint.

Changing arbitration plan? Get every employee’s signature

08/02/2010

In Texas, employees can be required to arbitrate employment disputes instead of going to court. When they start work, employees typically sign a document indicating they received and read the agreement. But employers often change arbitration agreements. Every time they do so, employees must receive a new copy—and sign an acknowledgment that they got it.

Congrats on winning that bias case! That doesn’t mean you won’t owe attorneys’ fees

08/02/2010

When an employer discriminates, but would have made the same decision even if no discrimination occurred, it may think it can escape liability. That’s not entirely true. Courts may still award attorneys’ fees to the employee’s lawyer. And those fees may be far more than any damages the employee might have received under a discrimination claim.

Don’t fall into the retaliation trap! Have solid reason for firing complainer

08/02/2010

The HR office is often the place where a lawsuit can be prevented. That’s why HR pros must make sure every discharge or other adverse employment decision (demotion, pay cut, etc.) can be successfully defended. Be especially careful if you’re asked to approve a decision that comes closely on the heels of a discrimination or harassment complaint.