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Louisiana

In Texas, decisions raise bar on waiver of arbitration agreements

05/04/2015
Two recent decisions from the Supreme Court of Texas and the 5th Circuit Court of Appeals are reminders that, under Texas law, it is difficult for employers to waive arbitration agreements.

Public employees do have to follow employers’ decisions

05/04/2015
While public employees typically have greater protections on the job than employees working in the private sector, they don’t have unlimited protection from interference with their jobs.

Sorry, it’s never acceptable to make jokes comparing employees to animals

05/04/2015
If you want to lose a hostile environment lawsuit, go ahead and ignore complaints and let managers act like bigots and racists. A recent case illustrates just how big a mistake tolerating such nonsense can be.

Is that employment action adverse? 5th Circuit won’t say

04/13/2015
Not every slight, indignity or inconvenience experienced in the workplace is sufficient to meet the standard set by the ADEA, Title VII of the Civil Rights Act of 1964 or other state or federal law. Even so, where does one draw the line?

Factor past discipline into firing decision

03/10/2015
Employees fired for violating workplace rules can still sue over some alleged form of discrimination, even if they were indeed guilty of breaking company rules. Be ready to counter such allegations by always documenting exactly why you determined the employee should lose his job.

Constitution doesn’t protect workplace cliques

02/10/2015
Public employees have some workplace protections based on constitutional rights to free speech and association. But those rights don’t extend to the right to be part of a co-worker clique.

It could be retaliation: Think twice before forcing transfer that greatly affects commute

02/10/2015

Employees who complain about alleged discrimination, either to their employer or to an agency such as the EEOC, are protected from retaliation. Ordinarily, that re­quires a so-called adverse employment action like discharge or demotion. Lesser actions, such as a lateral transfer, don’t count.

When cooperation drops as discipline escalates, OK to fire for insubordination

02/10/2015

Some employees don’t take discipline well. What may have started as a reprimand over a rule violation or poor work can quickly escalate for one of these workers. Don’t be afraid to increase the disciplinary consequences if the em­­ployee won’t cooperate or accept correction.

With handbook warning, it’s OK to deviate from policy

01/05/2015
It’s OK to occasionally deviate from the disciplinary process outlined in your employee handbook—if you leave yourself some wiggle room by explaining that some infractions are so serious they warrant immediate discharge.

Investigate all bias claims, even reverse discrimination

01/05/2015
It may not be common, but reverse discrimination does occur. Ignore it at your peril.