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Louisiana

Courts reluctant to make losing employees pay for employers’ legal fees

01/05/2015

It can be frustrating to have to defend your organization against what you consider frivolous claims. Unfortunately, that’s just another cost of doing business. As the following case shows, even when you win the case and thought it should never have been filed, you probably won’t persuade a court to penalize the employee by having him pay your legal fees.

No such thing as too many reasons to fire

01/05/2015

Sometimes, employers make mistakes and fire employees for a reason later deemed illegal. But if that same employer finds evidence after the fact that would have supported the termination decision on its own, that may serve as a get-out-of-jail card.

Never skip ADA accommodations process

01/05/2015

When an employee returns to work with restrictions after an illness, he or she may be disabled and entitled to reasonable ADA accommodations. Don’t make a mistake and skip the interactive accommodations process, even if you believe no accommodation is possible. You are still required to consider the possibility before taking action like terminating the employee.

No need to accommodate ‘disabled’ worker who misses mandatory drug test

12/24/2014
Employees who are not qualified for their jobs can’t claim ADA protection based on disability. And when a disabled employee has a position that’s covered by Depart­­ment of Transportation federal drug testing requirements and refuses a drug test, he’s automatically unqualified because DOT regulations require his sus­­pension.

Being placed on performance improvement plan isn’t grounds to claim ‘constructive discharge’

12/24/2014
Courts don’t allow employees to use constructive discharge as an excuse to quit unless they can off substantial reasons why they felt they had no choice but to resign.

Government employers: Slipshod investigation can sink defense in cases involving free speech

11/03/2014
Here’s a warning for public em­­ployers that want to discharge an employee for allegedly speaking out inappropriately: Make sure you conduct a thorough investigation that at least allows the employee a chance to defend his actions before you terminate him.

You may be joint employer despite EEOC filing

11/03/2014
When employees file EEOC charges, they are supposed to name all potential defendants and explain what they allegedly did wrong. But sometimes it’s hard to figure out corporate relationships—for example, a joint employer relationship involving a corporate entity and an individually owned franchise.

Frustration about disability won’t cost a lawsuit

11/03/2014
Sometimes, the tension between sympathy for a disabled worker and a need for productivity leads to frustration and perhaps even ill-­chosen words. Luckily, one or two such incidents aren’t likely to end in a big jury award.

Texas employers: Getting bias cases into federal court just got a little easier

10/07/2014

“You have been sued.” When employers first read these words and realize the lawsuit launched against them is in a state court, most Texas employers—indeed, most employers—make it their first order of business to get the case moved to a federal court. Why? Defense attorneys cite various advantages to be gained from such a change, which is known as removal.

Don’t play God! It’s not up to you to decide what’s a real religious belief

10/07/2014

Employers must reasonably accommodate employees’ religious beliefs unless doing so would cause undue hardship. Some employers take this to mean they get to decide what constitutes a genuine religious belief—and nix requests for time off for religious observances that don’t fit their defi­nition. That’s legal blasphemy!