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Texas

What’s up, doc? How to collect medical info under FMLA rules

12/10/2009
To determine whether an employee or family member has a condition that meets the FMLA’s definition of “serious health condition,” employers should review the medical certification they receive from the employee’s health care provider. One key section of the updated FMLA regulations clarifies who may request additional information about an employee’s FMLA certification—and how it should be sought.

Make sure your e-communication policy covers social networks

12/08/2009

The widespread use of blogs and social networking web sites such as Facebook, MySpace, LinkedIn and Twitter has employers worried about what their employees are keyboarding and texting. Employers must develop electronic communications policies to cope with the new technology.

Tell harassment victims: Report any retaliation

12/03/2009

Even an exhaustive investigation into sexual harassment allegations may not provide enough information to conclusively determine whether harassment actually occurred. That doesn’t mean you can forget the whole thing. Instead, you must explain to the employee who reported the problem what steps you did take. And you must urge her to report any action she believes is retaliation.

Shield complainer during harassment probe

12/03/2009

When a supervisor allegedly harasses a subordinate, all kinds of things can go wrong. But handled improperly, all fingers often point to employer liability. That’s why it’s vital to act quickly on any subordinate complaint.

Discipline ‘protected’ employee—but document why you treated similar offenses differently

12/03/2009

When it comes to discipline, the primary rule is to treat similar rule violations alike. That means you’ll have to punish all kinds of people for misbehaving, even if they’re members of a protected class. Don’t hesitate to do so if their behavior warrants it.

Courts say, ‘Enough!’: Employees must file all related claims at same time

12/03/2009

Courts are cracking down on serial lawsuits, and the result is good news for employers. A former employee who sues and then loses his case can’t keep coming up with new claims to base new lawsuits on. If the new claims are based on the same set of facts—even if they involve an entirely different legal angle—courts are ruling the claims should have been brought together.

Check union contract when tallying FMLA leave, workers’ comp absenteeism

12/03/2009

Many union contracts specifically allow employers to terminate employees who are out on workers’ comp for extended periods of time. Of course, injured employees also use up their allotment of FMLA leave while on workers’ comp leave. The question then becomes whether employers can count the FMLA absences toward the number of days the employee is absent before termination.

Beware retaliation suits even after employee’s gone

12/03/2009

If you think your liability ends when an employee leaves, think again. Employers can still be liable for retaliation if the employee complained about bias before she left and now claims you withheld compensation.

Oral agreements may be too vague to be enforceable

12/03/2009

Oral agreements are as binding as written ones, but they can be considerably less precise. Consider this case, in which a disgruntled employee claimed an oral agreement affected future compensation:

4 discriminatory hiring practices will lure EEOC to your door

12/03/2009

Since 2007, the EEOC has been engaged in a major push to stamp out race-based discrimination in hiring. Known as E-RACE, the initiative’s goal is to “eliminate recruiting and hiring practices that lead to discrimination by limiting an employer’s applicant pool.” When targeting employers for enforcement action, the EEOC often zeroes in on four recruitment and screening practices: