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Louisiana

Speaking up at staff meeting generally not protected by the First Amendment

06/24/2015
Public employees have the right to free speech and can’t be punished for exercising it. But that doesn’t mean they can say anything, anywhere. The exercise of free speech must concern a matter of public importance and not be done as part of the employee’s job.

OK to call employee who is on FMLA leave–just keep the conversation short and sweet

06/03/2015

Employees out on FMLA leave are supposed to be freed of their regular work responsibilities. They are on leave, after all. Some supervisors have taken this to mean that they may never call an employee who is out on FMLA leave to discuss work-related matters. That’s not entirely true.

Using slurs at work isn’t ‘free speech’

05/29/2015

Public employees have the right to speak their minds on matters of public importance without punishment. However, that right is clearly limited. A public employee can’t claim that free speech includes the right to use derogatory terms at work.

Don’t sweat legit transfers: Lateral moves OK if they truly don’t affect pay and benefits

05/29/2015

In order to claim that a transfer or a realignment of duties qualifies as an adverse employment action, employees must show that the transfer or job changes were somehow potentially harmful. That’s especially true in the case of job changes that spring from a lateral move across the organization chart, with the same pay and benefits.

Transfer usually not adverse employment action

05/29/2015
It’s illegal to punish employees for engaging in protected activity. But for an employer to be liable, the punishment would have to be significant. Minor changes in an employee’s job aren’t enough.

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.