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Louisiana

Good judgment, thorough documentation win cases

05/30/2012
Your organization will be sued at some point. That’s why you should make sure every employment decision is backed by good judgment. Document the decision for later use.

Be prepared to explain why hiring criteria favor experience more than education

05/30/2012
Some jobs demand relevant, real-world work experience. If a failed applicant sues, claiming a college degree should have trumped on-the-job experience, you’ll probably win—if you can justify your experience requirements.

Hiring managers aren’t doctors! Don’t let them turn away disabled applicants

05/30/2012
Remind managers who take job applications that they can’t automatically turn away applicants with disabilities. That can cause a lawsuit that could result in huge punitive damages.

Operating in Texas and Louisiana? Don’t rely on union contract to handle safety

04/30/2012
Watch out if—like many Texas energy-industry employers—you also operate in Louisiana under the terms of a collective bargaining agreement that covers workplace safety. The 5th Circuit Court of Appeals just made life a little harder for you.

Constructive discharge claim requires showing more than hostile work environment

04/30/2012

Employees who quit and sue have a tough case to make if they allege they had no choice but to quit because conditions were so terrible. First, they must demonstrate that poor treatment created a hostile work environment. However, they must also show an additional, aggravating factor …

Beware justifying hiring or promotion with criteria that don’t appear in job description

04/30/2012
Here’s a reminder to pass on to everyone involved in the hiring or promotion process: You’re running a huge risk if you deviate from the job announcement’s minimum and preferred qualifications.

Employee concedes shortcomings? Document it!

04/09/2012

Employees who lose their jobs have an incentive to sue—and they’ll often look for evidence of discrimination to form the basis of their lawsuits. But to win in court, employees have to show they were meeting their employer’s legitimate expectations. That’s hard to do if the employer can show the employee admitted her shortcomings.

Detailed disciplinary records show you’re not biased

04/02/2012
Employers that keep detailed disciplinary records showing exactly why an employee was disciplined are much more likely to win lawsuits. That makes it harder for an employee to argue he was singled out for unfair, discriminatory punishment.

Employee out of FMLA leave and unable to do the job? It’s time to consider termination

03/30/2012

You probably know that when a disabled employee has used up all his FMLA leave entitlement, he may still be entitled to reasonable accommodations under the ADA. It’s legitimate to offer additional leave as a reasonable accommodation. However, at some point, time off can be a burden for employers, especially when the employee can’t estimate when he will be ready to return. In that case, it may be time to terminate the employee.

Background check into workers’ comp claims isn’t subject to Fair Credit Reporting Act

03/08/2012
Here’s some good news for em­­ployers that check workers’ compensation claims against an applicant’s claim he’s never been injured on the job: You don’t have to inform him where you got the information be­­fore you take action because workers’ comp checks aren’t background in­­vestigations subject to the federal Fair Credit Reporting Act.