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Louisiana

When transition looms, note employee interest in staying on

03/01/2008

In uncertain economic times, employers sometimes have to cut staff and redraw org charts to stay competitive. Employees often know far in advance that change is coming—and that they may lose their jobs. And some already may be looking for ways to “get back” at their companies via lawsuits …

It’s essential to have clear hiring and promotion criteria

03/01/2008
The more specific and clear the minimum hiring or promotion criteria, the better. Detailed requirements net you better candidates and allow you to defend your hiring decisions later—if you need to …

Make sure supervisors can back up their promotion decisions

03/01/2008
Not every organization has a formal program for handling internal promotions. Some rely strictly on supervisor recommendations and employees’ expressions of interest to identify candidates. That can lead to big trouble if supervisors can’t later articulate who wanted a promotion and why they recommended (or declined to recommend) an employee for a new job …

Is that a ‘Protected activity’—Or insubordination?

03/01/2008
Employees know that their employers can’t retaliate against them for filing EEOC complaints, complaining about discrimination or engaging in otherwise protected activity. However, it doesn’t follow that employees are free to taunt their supervisors by pulling the protected-activity card …

Warning: Draft clear compensation agreements to avoid needless litigation

03/01/2008
Texas contract law grants great leeway to employers that create incentive payment plans, especially when it comes to how employers calculate what payment is due employees. Essentially, if the incentive plan says the employer has the right to interpret the agreement language and its decision is final and binding, courts won’t interfere unless the employer interprets it in bad faith …

Harassment policy should have several ways to complain

02/01/2008

Your organization probably has a sexual harassment policy and provides training on how it works. But does your policy give employees more than one way to lodge a complaint? It should. Here’s why …

Investigation notes, report may prove valuable in court

02/01/2008

How do you handle internal discrimination complaints? If you use an ad hoc process, sometimes taking notes or preparing a report, you may be missing out on an important litigation advantage later. Develop a routine investigation process …

Even employees who suffer no harm can collect top dollar

02/01/2008

Here’s yet another reason to clean up the workplace and make certain it’s free of harassment, graffiti and other evidence of a hostile work environment: Employees can collect hundreds of thousands of dollars in punitive damages even if they weren’t physically or financially harmed by the hostile workplace …

Despite ERISA workers’ comp plan, employee can still sue for negligence

02/01/2008

Texas employers that opt out of the state workers’ compensation system often adopt separate insurance plans to cover employees’ on-the-job injuries. Those plans usually provide no-fault benefits and are governed by ERISA. That doesn’t mean, however, that employees can’t sue under other state laws …

OK to consider intangible qualities when choosing applicants

01/01/2008

When it comes to hiring good employees, you know that experience and education aren’t everything. There’s nothing wrong with considering such “soft” factors as loyalty and reliability when making hiring decisions. Just make sure you don’t consider things such as disability, FMLA absences or other protected characteristics …