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Texas

Are we liable for defamation if we make allegations during an unemployment comp hearing?

12/01/2010
Q. We fired an employee for stealing company property. While we didn’t catch her red-handed, the circumstantial evidence was overwhelming and we felt comfortable letting her go. The employee filed an unemployment compensation claim that we contested, and now a hearing has been scheduled before an appeals referee. We would like to say at the hearing that the employee is a thief, but we’re afraid we’ll face a defamation claim because we can’t absolutely prove this charge. Would that be a well-founded concern?

Watch out for pitfalls, risks of using social media in hiring

12/01/2010
Employers are increasingly using web-based social media—such as Facebook, LinkedIn and Twitter—to screen potential employees, in addition to the usual applications, interviews, references, and background, credit and drug tests. But they don’t always recognize the potential pitfalls and risks.

Comments cost boss his job, may cost company more

12/01/2010
A former employee of H&W Industrial Services in Longview is suing the painting and cleaning contractor for sexual discrimination and harassment after a supervisor allegedly made comments about her sexual orientation.

Justice Department tells Hoover to clean up its I-9 process

12/01/2010
The U.S. Department of Justice recently announced that it has reached a settlement with the Hoover Company—which manufactures vacuum cleaners in El Paso—resolving allegations that its employment eligibility verification process discriminates against legal, permanent residents of the United States.

Cabbies charge race, religious bias at DFW Airport

12/01/2010

Approximately 250 taxi drivers have filed EEOC discrimination and retaliation complaints against Dallas/Fort Worth International Airport, alleging racial and religious bias. The cabbies, most of who are of Middle Eastern origin, allege that an airport manager referred to them as animals and called the taxi queue the “Central Zoo.”

Court affirms 45-day EEO deadline for fed workers

12/01/2010
Federal employees have just 45 days following an alleged discriminatory action to file complaints with their agency’s internal equal employment opportunity (EEO) office. Courts are increasingly holding employees to that deadline.

Lateral transfer isn’t an adverse employment action

12/01/2010

Employees turned down for jobs that amount to lateral transfers can’t sue for discrimination. That’s because employees have to prove the employer made an adverse employment decision based on some form of discrimination. A transfer that doesn’t change the terms and conditions of employment isn’t adverse.

Employee pushing envelope on HR policies? Maybe he’s not best for job with lots of rules

12/01/2010

Have you had an employee who always tries to see how far he can stretch workplace rules? You know the type—he takes all breaks, arrives just before he’s technically late and never volunteers for the tough tasks. That guy might not be the best choice to promote into a job that requires following strict rules.

Arbitration agreements are contracts! Keep them out of employee handbooks

12/01/2010
The Supreme Court of Texas has just ruled that arbitration agreements are legally valid and enforceable as long as they are stand-alone contracts—and not part of an overall employment manual.

Candidate extra-qualified? Make a note of it

12/01/2010
Sometimes, a candidate stands out as a great potential hire. Whatever it is that signals this is a good hire, make sure you note it in your interview documentation. Otherwise, it may be hard to justify the decision if another applicant who met the basic job requirements sues and alleges some form of discrimination.