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Texas

Fort Worth lumber yard hammered for age bias

01/31/2012
The former general manager of Foxworth-Galbraith Lumber in Fort Worth is suing the company for age discrimination, claiming he was fired at the age of 55 and replaced by a 38-year-old man.

Reverse bias suit heats up La Marque Fire Department

01/31/2012
The former chief of the La Marque Fire Department is suing for race discrimination and retaliation after a series of run-ins with the city manager over alleged harassment within the department.

10 unemployment compensation factors that affect payouts

01/31/2012
How much your organization pays for unemployment insurance is based, in part, on how many former employees have successfully filed claims against you. Under­­standing who is eligible for unemployment benefits and who isn’t can go a long way toward keeping insurance rates low.

Get expert help when classifying commercial drivers

01/31/2012
Here’s a bit of advice to any employer using commercial drivers in their enterprise: Before concluding those employees are exempt from overtime under the Fair Labor Standards Act because they’re covered by the Motor Carrier Act, call your attorney.

Asthma and allergies aren’t always disabilities

01/31/2012
Some employees claim they have asthma and allergies that are exacerbated by common workplace smells. That doesn’t mean, however, that em­­ployers have to create an allergen-free environment.

Documented insubordination can often sink employee’s discrimination lawsuit

01/31/2012

Employees who sue for discrimination have to prove they are members of a protected class, were qualified for the position they held, were terminated or subjected to another adverse action and were treated less favorably than employees outside their protected class. Employers that can show the em­­ployee was insubordinate can quickly win such cases.

Beware job alterations after FMLA leave

01/31/2012
Employees who take FMLA leave are entitled to their old jobs or an equivalent one when they return. Offering a less prestigious position or one with different hours is asking for trouble.

Questioning employees? Avoid ‘imprisonment’ charge by ensuring they know they may leave

01/09/2012
It may sound silly, but there’s a very practical reason to be careful when questioning employees during an investigation: Some especially sensitive people may feel they are being held involuntarily—and sue for false imprisonment.

Make termination decisions stick by documenting discipline at the time it occurs

01/09/2012

If you want a termination decision to stand up in court, make sure you carefully document all discipline that occurred before the firing—and do so at the time the discipline occurs. Otherwise, chances are a court or jury may assume the earlier incidents didn’t happen.

No real effort to improve? It’s time to fire

01/09/2012
Some employees don’t take direction well. One approach turns such employees around: Insist that the employee sign on to a performance improvement plan. If he refuses to cooperate, document that refusal. You can then safely terminate the employee for insubordination.